0000950123-14-000719 Sample Contracts

Lease Agreement
Lease Agreement • January 28th, 2014 • Five9, Inc. • Services-computer processing & data preparation • Minnesota

This Lease Agreement, dated November 8, 2012, by and between WINMARK CAPITAL CORPORATION, a Minnesota Corporation (the “Lessor”), with an office located at 605 Highway 169 N, Suite 400, Minneapolis, Minnesota 55441, and FIVE9, INC. AND SUBSIDIARIES (the “Lessee”) with an office located at 4000 Executive Parkway, Suite 400, San Ramon, California 94583

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QUALITY INVESTMENT PROPERTIES METRO, LLC ADDENDUM TO MASTER SPACE AGREEMENT ADDITIONAL TERMS AND CONDITIONS FOR COLOCATION AND INTERNET ACCESS
Addendum to Master Space Agreement • January 28th, 2014 • Five9, Inc. • Services-computer processing & data preparation

This Addendum is attached to and made a part of the Master Space Agreement between Customer and Quality Investment Properties Metro, LLC (“QTS”), and the terms hereof are incorporated therein by this reference and are applicable where Customer orders the use of space with the Data Center(s) to be used for the purpose of collocating computer equipment and associated telecommunications equipment (the “Customer Space”); or Customer orders communications or connectivity including connection to the internet. Capitalized terms used herein and not otherwise defined herein shall have the same meaning such terms are given in the Master Space Agreement. Reference herein to the “Agreement” shall mean the Master Space Agreement, this Addendum and all other Addenda attached thereto, and all Orders placed thereunder. No other discussions, proposals, brochures, or statements of work are incorporated herein, and neither customer nor QTS have relied thereon. The Master Space Agreement, all Addenda atta

MASTER LICENSE AND SERVICE AGREEMENT
Master License and Service Agreement • January 28th, 2014 • Five9, Inc. • Services-computer processing & data preparation

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, this Master License and Service Agreement (together with any Order Forms, the “MSA’’) is entered into as of November 1st, 2011 by and between (i) CORESITE CORONADO STENDER, L.L.C., a Delaware limited liability company (“CoreSite”), as licensor for certain purposes hereunder, as applicable, and CORESITE SERVICES, INC., a Delaware corporation (“CoreSite Services”), as licensor for certain other purposes hereunder, as applicable, and (ii) Five 9, Inc., a Delaware corporation (“Customer”), as licensee of certain facilities, premises, equipment, and services, as set forth and describe herein. CoreSite and CoreSite Services are sometimes referred to herein individually as “Licensor” and collectively as “Licensors.” CoreSite, CoreSite Services, and Customer are each referred to individually herein as a “Party” and collectively as the “Parties.”

MASTER LEASE AND FINANCING AGREEMENT
Master Lease and Financing Agreement • January 28th, 2014 • Five9, Inc. • Services-computer processing & data preparation • New Jersey

This Master Lease and Financing Agreement Number 3604686364 (together with Annex A and Exhibits A and B attached hereto and hereby made a part hereof, this “Master Agreement”) is entered into by and between Hewlett-Packard Financial Services Company1, a Delaware corporation (“Lessor”), and Five 9, Inc., a Delaware corporation (“Lessee”). Capitalized terms used in this Master Agreement without definition have the meanings specified in Annex A to this Master Agreement.

Quality Investment Properties Metro, LLC Master Space Agreement
Master Space Agreement • January 28th, 2014 • Five9, Inc. • Services-computer processing & data preparation • Georgia

This Master Space Agreement between Quality Investment Properties Metro, LLC, (“QTS”) and Five9, Inc. (“Customer) is made effective as of November 1st, 2012 (“Effective Date”) and governs Customer Space licensed to Customer under a Work Order and Service(s) purchased by Customer under a Work Order. Capitalized terms used herein shall have the meaning given in the definition section of this Agreement.

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