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0001104659-04-038710 Sample Contracts

SUBLEASE AGREEMENT
Sublease Agreement • December 7th, 2004 • Overstock Com Inc • Services-business services, nec • Utah

THIS SUBLEASE AGREEMENT (this “Sublease”) is made and entered into as of December 1, 2004, by and between DOCUMENT CONTROL SYSTEMS, INC. (“DCS”), a Utah corporation, OVERSTOCK.COM, INC. (“Overstock”), a Delaware Corporation, and OLD MILL BUILDING LLC (“OMB”), a Utah limited liability company.

Standard Contracts

SUBLEASE AGREEMENT
Sublease Agreement • December 7th, 2004 • Overstock Com Inc • Services-business services, nec • Utah

THIS SUBLEASE AGREEMENT (this “Sublease”) is made and entered into as of December 1, 2004, by and between OLD MILL TECHNOLOGY CENTER, LLC (“OMTech”), a Utah limited liability company, OVERSTOCK.COM, INC. (“Overstock”), a Delaware Corporation, and OLD MILL BUILDING LLC (“OMB”), a Utah limited liability company.

COLOCATION CENTER AGREEMENT
Colocation Lease • December 7th, 2004 • Overstock Com Inc • Services-business services, nec • Utah

THIS COLOCATION CENTER AGREEMENT (the “Lease” or “Agreement”) is dated as of the 1st day of December, 2004, between Old Mill Technology Center, LLC, a Utah limited liability company (“ Lessor”) and Overstock.com, Inc. a Delaware corporation (“Lessee”).

OLD MILL CORPORATE CENTER FOURTH AMENDMENT TO THE LEASE AGREEMENT
Lease Agreement • December 7th, 2004 • Overstock Com Inc • Services-business services, nec

THIS FOURTH AMENDMENT TO THE LEASE AGREEMENT is made and entered into as of December 1, 2004, by and among Holladay Building East L.L.C. (“HBE”), Overstock.com, Inc. (“Overstock”) and Old Mill Building LLC (“OMB”).