AGREEMENT OF SUB-SUBLEASE
This AGREEMENT OF SUB-SUBLEASE (this Sub-sublease), made as of the 18th day of September, 2017, between BT AMERICAS INC., a Delaware corporation (Sub-sublandlord), and DATADOG, INC, a Delaware corporation (Sub-subtenant).
A. WHEREAS, by that certain Lease dated August 16, 2006 (the Lease), between FC Eighth Ave., LLC, a Delaware limited liability company (Landlord), as landlord, and Legg Mason, Inc., a Maryland corporation (Legg), as tenant, a redacted copy of which has been delivered to Sub-subtenant, Landlord leased to Legg all of the rentable square feet on the entire 45th, 46th, 47th, 48th, 49th and 50th floors, as well as certain roof top space and storage space (collectively, the Lease Premises) of the building located at 620 Eighth Avenue, New York, New York (the Building), as more particularly set forth in the Lease;
B. WHEREAS, the interest of Landlord in the Building is subject and subordinate to, among other things, the terms and provisions of the Ground Lease and the Condominium Documents (as such terms are defined in the Lease);
C. WHEREAS, by that certain Assignment and Assumption of Lease dated August 16, 2006 between Legg and Clearbridge Advisors, LLC, a Delaware limited liability company (Sublandlord), a copy of which is attached to the Lease, Legg assigned its interest under the Lease to Sublandlord;
D. WHEREAS, by that certain Agreement of Sublease dated as of April 8, 2008 (the Sublease), a redacted copy of which has been delivered to Sub-subtenant, Sublandlord subleased to Sub-sublandlord, a portion of the Lease Premises consisting of all of the rentable square feet on the entire 45th and 46th floors of the Building (the Sublease Premises); and
E. WHEREAS, Sub-sublandlord hereby desires to sub-sublease a portion of the Sublease Premises consisting of all of the rentable square feet on the entire 46th floor of the Building (the Sub-sublease Premises) to Sub-subtenant and Sub-subtenant desires to hire the Sub-sublease Premises from Sub-sublandlord on the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is mutually agreed as follows:
1. Sub-subleasing of the Sub-sublease Premises. Sub-sublandlord hereby sub-subleases to Sub-subtenant, and Sub-subtenant hereby hires from Sub-sublandlord, the Sub-sublease Premises, upon and subject to the terms and conditions hereinafter set forth.
2.1 Commencement and Expiration Dates. The term (the Term) of this Sub-sublease shall (x) with respect to the portion of the Sub-Sublease Premises indicated as Space A on Exhibit A attached hereto, commence on the date (the Space A Commencement Date) upon which Landlord and Sublandlord shall execute and deliver a Consent Agreement to this Sub-