0000936392-06-000225 Sample Contracts

SECOND AMENDMENT TO OFFICE LEASE
Office Lease • March 16th, 2006 • Websidestory Inc • Services-business services, nec

This SECOND AMENDMENT TO OFFICE LEASE (this “Second Amendment”) is entered into as of the 7th day of December, 2005 (the “Effective Date”), by and between SEAVIEW PFG, LLC, a Delaware limited liability company (“Landlord”), and WEBSIDESTORY, INC., a California corporation (“Tenant”), with reference to the following facts:

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AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 16th, 2006 • Websidestory Inc • Services-business services, nec • Virginia

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 1st day of February, 2006, between VISUAL SCIENCES, LLC, a Delaware limited liability company (the “Company”) and JAMES W. MACINTYRE, IV (“Employee”).

ADDENDUM TO MASTER SERVICE AGREEMENT
Master Service Agreement • March 16th, 2006 • Websidestory Inc • Services-business services, nec

This Addendum (this “Addendum) is entered into this 22 day of September, 2005 (“Addendum Effective Date”) by and between LEVEL 3 COMMUNICATIONS, LLC (“Level 3”) and WEBSIDESTORY, INC. (individually “Customer”, with Level 3 collectively referred to as the “Parties”). The terms and conditions of this Addendum modify the executed August 10, 2005 Master Service Agreement (individually, the “MSA”, together with the Addendum collectively referred to as the “Agreement” ), as amended, in the following limited respects:

Master Service Agreement
Master Service Agreement • March 16th, 2006 • Websidestory Inc • Services-business services, nec • Colorado

This Master Service Agreement (“Agreement”) is made this 10th day of August, 2005 between LEVEL 3 COMMUNICATIONS, LLC (“Level 3”) and WEBSIDESTORY, INC. (“Customer). This Agreement provides the general terms and conditions applicable to Customer’s purchase of communications services (“Service”) from Level 3.

Contract
Websidestory Inc • March 16th, 2006 • Services-business services, nec • California

THIS WARRANT AND THE SECURITIES ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, OR AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY THAT REGISTRATION IS NOT REQUIRED UNDER SUCH ACT OR UNLESS SOLD PURSUANT TO RULE 144 UNDER SUCH ACT.

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