Contract
Confidential Treatment Requested by Carbonite, Inc.
Exhibit 10.1
000 Xxxxxxxxxxxx Xxxxxxx
Xxxxxxxxx, Xxxxxxxxxxxxx
(“Building”)
FIRST AMENDMENT TO DATACENTER LEASE
(“First Amendment”)
This First Amendment is made by and between XXX Xxxxxxxxx, LLC (“Landlord”) and Carbonite, Inc. (“Tenant”) as of this 15th day of September, 2011 (“Execution Date”).
BACKGROUND
| A. | Pursuant to a Turnkey Datacenter Lease dated June 3, 2011 (“Lease”) Tenant has leased Premises (“Premises”) from Landlord in the Datacenter located in the Building from Landlord, and Landlord has installed a pathway from the Datacenter to the POP Room, as set forth on Exhibit C to the Lease. |
| B. | Pursuant to the POP Room Rider to the Lease between the parties hereto dated June 3, 2011, Tenant has the right to use POP Premises in the POP Room, each as defined in said POP Rider. |
| C. | Landlord has installed an additional pathway (“Additional Pathway”), as shown on Exhibit A, First Amendment, for Tenant’s use. |
NOW THEREFORE, the above-described Lease is hereby amended as follows:
| 1. | USE OF ADDITIONAL PATHWAY |
Commencing as of the date of this First Amendment, and continuing thereafter throughout the Term of the Lease, Tenant shall have, as appurtenant to its demise of the Premises, the right to use the Additional Pathway, as hereinafter defined, solely for the purpose of allowing Tenant to install cable in the Additional Pathway to serve the Premises.
| 2. | INSTALLATION FEE |
Tenant shall, at the time that Tenant executes and delivers this First Amendment to Landlord, pay to Landlord a one-time installation fee in the amount of [***] Dollars ($[***]).
| 3. | As hereby amended, the Lease is ratified, confirmed and approved in all respects. |
[SIGNATURE PAGE FOLLOWS]
-1-
| [***] | Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. |
EXECUTED under seal as of the date first above-written.
| LANDLORD: | ||||||||||
| XXX XXXXXXXXX, LLC, a Delaware limited liability company | ||||||||||
| By: | XXX Xxxxxxxxx Holding Company, LLC, a Delaware limited liability company, its Member | |||||||||
| By: | Digital Realty Trust, L.P., a Maryland limited partnership, its Member | |||||||||
| Attest: /s/ Xxxxxx Xxxxxxxxx | By: | Digital Realty Trust, Inc. a Maryland corporation, its General Partner | ||||||||
| By: | /s/ Xxxxxx X. Xxxxxx | |||||||||
| Name: | Xxxxxx X. Xxxxxx | |||||||||
| Title: | Vice President | |||||||||
| TENANT: | ||||||||||
| CARBONITE, INC., a Delaware corporation | ||||||||||
| By: | /s/ Xxx Xxxx | |||||||||
| Name: | Xxx Xxxx | |||||||||
| Title: | VP/Operations | |||||||||
-2-
EXHIBIT A, FIRST AMENDMENT
ADDITIONAL PATHWAY
K-1
Confidential Treatment Requested by Carbonite, Inc.
[***]
K-2
| [***] | Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. |
