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EXHIBIT 10.22
FIRST AMENDMENT TO LEASE
This First Amendment to Lease (this "Amendment") is entered into this 30th day
of August 2000 between 000 XXXXXXXX OWNERS LLC, a New York Limited liability
company, with an office c/o The Witkoff Group LLC, 000 Xxxx 00xx Xxxxxx, Xxx
Xxxx, Xxx Xxxx 00000 ("Landlord") and ORGANIC INC., a Delaware Corporation, with
an office at 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000
("Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered in a Lease, dated November 4, 1999 (the
"Lease") for certain premises which are more particularly described in the
Lease;
WHEREAS, Landlord and Tenant have agreed to modify certain terms of the Lease in
accordance with this Amendment.
NOW, THEREFORE, in consideration of the forgoing, and certain other
considerations, the receipt of which is hereby acknowledged, Landlord and Tenant
hereby agree as follows:
1. Unless otherwise defined herein, all capitalized terms used herein
shall have the meaning ascribed to them in the Lease. To the extent of the
inconsistency between the terms of the Lease and this Amendment, the terms of
the Amendment shall control.
2. The "Premises" section of the Fundamental Lease Provisions are hereby
deleted and the following is substituted therefore:
Premises: The Premises shall consist of the following areas:
(i) the entire thirteenth (13th) floor consisting
of 27,845 rentable square feet and marked on
the drawing attached hereto as Exhibit A-1;
(ii) the entire fourteenth (14th) floor consisting
of 26,976 rentable square feet and marked on
the drawing attached hereto as Exhibit A-2;
(iii) the entire fifteenth (15th) floor consisting of
28,098 rentable square feet and marked on the
drawing attached hereto as Exhibit A-3;
(iv) the entire sixteenth (16th) floor consisting of
28,098 rentable square feet and marked on the
drawing attached hereto as Exhibit A-4;
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(v) the entire seventeenth (17th) floor consisting
of 28,098 rentable square feet and marked on
the drawing attached hereto as Exhibit A-5;
(vi) 2,118 rentable square feet located on the
eighteenth (18th) floor and marked on the
drawing attached hereto as Exhibit A-6; and
(vii) a portion of the roof shown at a location to be
designated (subject to the reasonable approval
of Landlord and Tenant) sufficient to allow
Tenant to install a satellite antenna.
All the foregoing located at 000 Xxxxxxxx, Xxx Xxxx,
Xxx Xxxx, excluding all vertical penetrations,
subject to expansion pursuant to Article 38.
3. The "Rentable Area of the Premises" section of the Fundamental
Lease Provisions is hereby deleted and the following is substituted therefore:
Rentable Area
of Premises: 139,115 rentable square feet, which area is composed of 27,845
rentable square feet on the thirteenth floor, 26,976 rentable
square feet on the fourteenth floor, 28,098 rentable square feet
on the sixteenth floor and 28,098 rentable square feet on the
seventeenth floor, subject to expansion pursuant to the provisions
of Article 38. The space located on the eighteenth floor as long
as such space is used as storage space, shipping, receiving or a
mailroom, and the roof space, shall not be included within the
Rentable Area of the Premises.
4. The option contained in Section 38.2(b) of the Lease is hereby
deleted.
5. In the second line of Section 39.1, delete "4,000" and insert
"2,118".
6. In Section 43.1, delete the following wording "and Tenant has
not exercised its expansion options set forth in Section 38.2 (a) or (b), as the
case may be".
7. Add the following paragraph to Section 43.2(a):
(iii) In addition to the space described in Section 43.2(a)
(i) or (ii), such other office space in the Building below the 27th floor and
above the first floor of the Building,
8. In the fourth line of Section 43.2(e) (ii), delete "this
Lease" and insert therefore the following words "this Amendment".
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9. Except as modified by this Amendment, the Lease shall remain
in full force and effect.
10. This Amendment may not be orally changed or terminated, nor
any of its provisions waived, except by an agreement in writing signed by the
party against whom enforcement of any changes, termination or waiver is sought.
11. This Amendment shall be binding upon, and inuse to the benefit
of the parties thereto, their respective legal representatives, successors and
assigns.
12. Tenant and Landlord each hereby represent and warrant that it
has the full right, power and authority to enter into this Amendment and the
person executing this Amendment is duly authorized to do so.
In witness whereof, the parties hereto have executed this Amendment as of this
day and year first above written.
LANDLORD:
000 XXXXXXXX OWNERS LLC,
a New York limited liability Company
By:_____________________________________
TENANT
ORGANIC, INC., a Delaware Corporation
By:______________________________________
