THIS INDENTURE OF LEASE, dated as of April 12, 1999, is between ANDOVER MILLS REALTY LIMITED PARTNERSHIP, a Massachusetts limited partnership ("Landlord"), and CMGI, INC. a Delaware corporation ("Tenant").
Landlord leases the Premises to Tenant and Tenant leases the Premises from Landlord on the following terms and conditions:
1. BASIC LEASE PROVISIONS.
1.1 Summary.
(a) Rent Commencement Date: The Rent Commencement Date for the Initial Space will be the date of this Lease. The Rent Commencement Date for the Additional Space, and each portion of any Offer Space leased pursuant to this Lease, will be the earlier of: the date that Tenant occupies that particulars pace to conduct business; or sixty (60) days after Landlord delivers vacant possession of the particular space to Tenant. The Rent Commencement Date for each portion of any Expansion Space leased pursuant to this Lease will be as set forth in Section 28.2 (b) in Rider#1.
(b) Term: The term for the Initial Space will start on the date of this Lease and will expire on March 31, 2009, subject to extension as provided in Rider#2 or earlier termination in accordance with this Lease. The term for the Additional Space will start when Landlord delivers vacant possession of the Additional Space to Tenant and will expire on March 31, 2009, subject to extension as provided in Rider#2 or earlier termination in accordance with this Lease (subject to Section 28.2 (a), Landlord expects to deliver vacant possession of the Additional Space to Tenant during September, 1999). The term for any Expansion Space leased will start when Landlord delivers possession of that Expansion Space to Tenant and will expire on May 31, 2010, subject to extension as provided in Rider#2 or earlier termination in accordance with this Lease. The term for any Offer Space leased will start when Landlord delivers possession of that Offer Space to Tenant and will expire on May 31, 2011, unless terminated earlier in accordance with this Lease.
(c) Premises: At any time and from time to time, the Premises will consist of all space leased by Tenant pursuant to this Lease. The Premises initially will include only the "Initial Space," which is space on the Fifth (5/th/) and First (1/st/) Floors of the Building, as shown in Exhibit "B", with an agreed rentable area of 129,812 square feet (66,286 s.f. on the Fifth Floor and 63,526 s.f. on the First Floor). The Premises subsequently will include the "Additional Space", which is space on the Fourth (4/th/) Floor of the Building, as shown in Exhibit "B-1", with an agreed rentable area of 44,185 square feet. The Premises also subsequently will include any and all other space leased by Tenant pursuant to this Lease.
(d) Building: Building 100 as shown in Exhibit "A." If pursuant to this Lease Tenant leases space in other buildings in the Project, the definition of the Building will include those other buildings.
(e) Base Rent: (see Exhibit "D", which in turn is subject to Rider#2).
(f) Tenant's Percentage: 13.8% for the Initial Space, which will be increased to 18.5% on the Rent Commencement Date for the Additional Space. Tenant's Percentage will be subject to proportional increase if the size of the Premises increases pursuant to this Lease.
(g) Security Deposit: An amount equal to two (2) months of current base rent. Within thirty (30) days after the base rent increases (including increases resulting from additional space leased), Tenant will deposit additional cash with Landlord so that the Security Deposit always equals an amount equal to two (2) months of current base rent.
(h) Use of Premises: For general office purposes and for the packaging, creation and duplication of computer software, light assembly, testing, configuring computer hardware, and training (but no manufacturing).
(i) Notice to Tenant:
CMGI, Inc.
100 Brickstone Square
Andover, Massachusetts 01810
Attn: William Williams II, Esq., General Counsel
With a copy to:
Pamela Coravos, Esq.
Hale and Dorr LLP
60 State Street
Boston, Massachusetts 02109
(j) Notice to Landlord:
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