Shutterfly 2008 Annual Report Download - page 119

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ADDENDUM TO SECOND AMENDMENT TO LEASE
THIS ADDENDUM TO SECOND AMENDMENT TO LEASE (this “Addendum”) is made and entered into this 3
rd
day of January, 2008, by and between
3915
SHOPTON ROAD, LLC , a North Carolina limited liability company (hereinafter referred to as "Landlord"), 4015 SHOPTON ROAD, LLC
, a North Carolina limited liability
company (“Temporary Landlord”) and SHUTTERFLY, INC. , a Delaware corporation (hereinafter referred to as "Tenant").
RECITALS:
A. Landlord, Temporary Landlord and Tenant have previously entered into that certain temporary lease arrangement more particularly described in the Second Amendment to
Lease dated October 31, 2007; (the “Second Amendment”)
between Temporary Landlord, Tenant and Landlord for the temporary occupancy of approximately 19,200 rentable square
feet of space (the “Temporary Premises”) in the building commonly known as Shopton 18-C, in the Shopton Ridge Business Park, Charlotte, North Carolina (the “Building”).
B. Landlord, Temporary Landlord and Tenant desire to amend Second Amendment to allow Tenant to remain in the Premises until March 31, 2008.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord, Temporary Landlord and Tenant do
hereby enter into this Addendum and amend the Lease as set forth below. All terms used but not defined herein shall have the meanings set forth in the Second Amendment. All
Recitals are incorporated herein as if fully set forth below.
1. Temporary Premises
. Landlord, Temporary Landlord and Tenant hereby amend the Second Amendment such that the Temporary Premises Term shall expire on
March 31, 2008.
2. Counterpart Execution
. This Amendment may be executed in counterparts, which when taken together, shall constitute the entire agreement. Landlord, Temporary
Landlord and Tenant agree that the delivery of an executed copy of this Addendum by facsimile or by email of a *.pdf file with an original to follow shall be legal and binding and shall
have the same force and effect as if an original executed copy of this Addendum had been delivered.
3. Ratification . Except as modified and amended by this Addendum, all terms and conditions of the Second Amendment shall remain in full force and effect.