Exhibit 10.40
 
 
 3105 ALFRED STREET
 
 TURN KEY DATACENTER LEASE
  DIGITAL ALFRED, LLC
  CONSTANT CONTACT, INC.




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TABLE OF CONTENTS
 Page1. LEASE OF TENANT SPACE
    
    11.1 Tenant Space
    
    11.2 Condition of Tenant Space
    
    11.3 Datacenter Connection Area
    
    11.4 Relocation Right
    
    11.5 Quiet Enjoyment; Access
    
    11.6 Common Area
    
    12. TERM
    
    12.1 Term
    
    12.2 Delivery of Tenant Space
    
    22.3 Extension Options
    
    23. BASE RENT AND OTHER CHARGES
    
    33.1 Base Rent
    
    33.2 Installation Fee
    
    33.3 Payments Generally
    
    33.4 Late Payments
    
    43.5 Utilities
    
    44. TAXES
    
    54.1 Taxes  Equipment
    
    54.2 Taxes  Other
    
    55. INTENTIONALLY DELETED
    
    56. PERMITTED USE; COMPLIANCE WITH RULES AND LAWS; HAZARDOUS MATERIALS
    
    56.1 Permitted Use
    
    66.2 Datacenter Rules and Regulations
    
    66.3 Compliance with Laws; Hazardous Materials
    
    66.4 Electricity Consumption Threshold
    
    76.5 Maximum Structural Load
    
    77. ACCESS CONTROL; LANDLORDS ESSENTIAL SERVICES; INTERRUPTION OF SERVICES;
SAS 70
    
    77.1 Access Control
    
    77.2 Landlords Essential Services
    
    87.3 Interruption of Services
    
    87.4 SAS-70 Reporting
    
    87.5 Self-Help Restriction
    
    8
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TABLE OF CONTENTS  (continued)
 Page8. MAINTENANCE; ALTERATIONS; REMOVAL OF TENANTS PERSONAL PROPERTY
    
    88.1 Landlords Maintenance
    
    88.2 Tenants Maintenance
    
    98.3 Alterations
    
    98.4 Removal of Tenants Personal Property
    
    99. CASUALTY EVENTS; TAKINGS; INSURANCE
    
    109.1 Casualty Events; Takings
    
    109.2 Tenants Insurance
    
    119.3 Landlords Insurance
    
    1110. TRANSFERS
    
    1210.1 Restrictions on Transfers; Landlords Consent
    
    1210.2 Notice to Landlord
    
    1210.3 Landlords Recapture Rights
    
    1210.4 No Release; Subsequent Transfers
    
    1210.5 Colocation
    
    1210.6 Excess Rent
    
    1211. ESTOPPEL CERTIFICATES
    
    1312. SUBORDINATION AND ATTORNMENT; HOLDER RIGHTS
    
    1312.1 Subordination and Attornment
    
    1312.2 Holder Protection
    
    1312.3 SNDA
    
    1313. SURRENDER OF TENANT SPACE; HOLDING OVER
    
    1313.1 Tenants Method of Surrender
    
    1313.2 Disposal of Tenants Personal Property
    
    1413.3 Holding Over
    
    1413.4 Survival
    
    1414. WAIVERS; INDEMNIFICATION; CONSEQUENTIAL DAMAGES; LIENS
    
    1414.1 Waivers
    
    1414.2 Indemnification
    
    1414.3 Consequential Damages
    
    1614.4 Liens
    
    1615. TENANT DEFAULT
    
    1615.1 Events of Default By Tenant
    
    1615.2 Remedies
    
    1716. LANDLORDS LIABILITY
    
    17
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TABLE OF CONTENTS  (continued)
 Page16.1 Landlord Default; Tenants Remedies
    
    1716.2 Landlords Liability
    
    1816.3 Transfer of Landlords Interest
    
    1817. MISCELLANEOUS
    
    1817.1 Severability
    
    1817.2 No Waiver
    
    1917.3 Attorneys Fees and Costs
    
    1917.4 Waiver of Right to Jury Trial
    
    1917.5 Headings; Time; Survival
    
    1917.6 Notices
    
    1917.7 Governing Law; Jurisdiction
    
    1917.8 Incorporation; Amendment; Merger
    
    1917.9 Brokers
    
    2017.10 Examination of Lease; Binding on Parties
    
    2017.11 Recordation
    
    2017.12 Authority
    
    2017.13 Successors and Assigns
    
    2017.14 Force Majeure
    
    2017.15 No Partnership or Joint Venture; No Third Party Beneficiaries
    
    2017.16 Access By Landlord
    
    2017.17 Rights Reserved by Landlord
    
    2117.18 Counterparts; Delivery by Facsimile or E-mail
    
    2217.19 Confidentiality
    
    2217.20 Incorporation of Schedules and Exhibits
    
    2217.21 Financial Statements
    
    2217.22 Master Lease
    
    22
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SCHEDULE 1
 CERTAIN DEFINED TERMS
 ACM
 Additional Rent
 Affiliate Transfer
 Alterations
 Applicable Laws
 Back-Up Power Specifications Exhibit F
 Back-Up Power Systems
 Base Rent
 Building
 Building Systems
 Cables
 Casualty-Complete
 Casualty Event
 Casualty Repair
 Casualty Repair Notice
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Chronic Outage
 Chronic Outage Termination Notice
 Claims
 Colocation Activity
 Colocation Agreement
 Colocation Customer non-carrier
 Colocation Party
 Commencement Date Conditions
    Commencement Date Notice Exhibit H
 Commissioning
 Commissioning Agent
 Commissioning Complete Letter Attachment 1 Exhibit H
 Commissioning Criteria Exhibit
E-1
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Common Area
 Consequential Damages
 Continuous Outage
 Continuous Outage Termination Notice
 Control
 Datacenter
 Datacenter Rules and Regulations
 http://www.digitalrealtytrust.com/leasing/
 Datacenter Utility
 Datacenter Utility Costs Datacenter Utility Bill N
 Deemed Commencement Date May 6, 2011 May 1, 2011
 Default Rate
 Delinquency Date
 Digital
 Early Delivery Date
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ECT Default Notice
 ECT Overage
 Electricity Consumption Threshold Exhibit F
 Electricity Specifications
 Environmental Laws
 Environmental Reports Exhibit J
 Event of Default by Tenant
 Excess Rent
 Extension Option
 Extension Option Exercise Notice
 Extension Term
 Extension Term Base Rent
 Financial Statements
 First Interruption st
 Force Majeure
 Four-Plus Interruption th
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Generator Fuel Usage Exhibit F
 Generator Fuel Payment
 Handle Handled Handling
 Hazardous Materials
 Holder
 HVAC
 HVAC Specifications Exhibit F
 Installation Fee
 Interruption Accrual Period
 Interruption Cure Completion Notice
 Interruption  Electrical and not to have been
 Interruption  Electrical Duration Threshold
 Interruption  Humidity relative humidity
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th relative humidity
 Interruption of Landlords Essential Services
 Interruption  Temperature temperature th temperature temperature for any period of time
 Land
 Landlord
 Landlord Default
 Landlord Group
 Landlords Access Control Systems
 Landlords Actual Knowledge
 Landlords Essential Services
 Landlords Installations Exhibit E
 Landlords Lease Undertakings
 Landlords Liability Cap
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Late Charge
 Late Payment
 Late Payment Interest
 Lease Documents
 Loss of Redundancy or not to have
been
 Maintenance Fuel Usage
 Master Lease
 Maximum Structural Load
 Metering Equipment  Tenant Space
 MMR Services
 Noticed Holder
 Other PDU kW-hr
 Outage Credit
 Outside Completion Date
 Partial Month st
 Pathways
 PCBs
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PDUs
 Periods of Premises Operation
 Periods of Premises Underutilization
 Permitted Transfer GAAP
 Permitted Use
 PM Activity
 PM Audit
 PM Audit Notice
 PM Books and Records
 PM Schedule
 PM Standards
 http://www.digitalrealtytrust.com/leasing
 POP Room
 Premises
 Premises PDU kW-hr A
 Prepaid Rent
 Prior Tenant Space
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Property
 Pump Room
 Qualifying Chronic Outage
    Rent
 Repair Period-Actual
 Repair Period-Estimated
 Second Interruption nd
 Security Documents
 Separate/Independent Interruption of Landlords Essential Services
 Separate/Independent Interruption of Landlords Essential Services  Electrical
 Shared Mechanical Costs
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Shared Mechanical Equipment
 Shared Mechanical Metering Equipment
 SNDA
 Taking
 Target Commencement Date
 Target Humidity Range Exhibit F
 Target Temperature Range Exhibit F
 Taxes  Equipment
 Taxes  Other
 Tenant
 Tenant Affiliate
 -x-




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Tenant Delay
 Tenant Group
 Tenant Parties
 Tenant Space
 Tenant Space Customer
 Tenants Datacenter Utility Payment G
 Tenants Personal Property
 Tenants Separately Metered Utility Payment
 Tenants Shared Mechanical Payment
 Tenants Utility Payment
 Term Term of this Lease Term of the Lease
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Third Interruption rd
 Third Party POP Room Operator
 Third Party Tenant
 Total Datacenter PDU kW-hr B
 Transfer
 Transferee
 Transfer Notice
 UPS Plant
 UPS Room
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3105 ALFRED STREET  TURN KEY DATACENTER LEASE
 Lease
 RECITALS
   Schedule 1
  BASIC LEASE INFORMATION
 1. Landlord:

    
    Digital Alfred, LLC, a Delaware limited liability company2. Tenant:
    
    Constant Contact, Inc., a Delaware corporation3. Tenant Addresses:
    
    Tenant Address for Notices:Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Attn: Senior Vice President, Engineering and Operations
Phone: 781-472-8100
Email: jwalsh@constantcontact.comWith copies to:Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Attn: General Counsel
Phone: 781-472-8100
Email: general_counsel@constantcontact.comAnd:WilmerHale
60 State Street
Boston, MA 02109
Attn: Paul Jakubowski, Esq.
Phone: 617-526-6948
Email: paul.jakubowski@wilmerhale.com
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Tenant Address for Invoice of Rent:Constant Contact, Inc.
1601 Trapelo Road
Waltham, MA 02451
Attn: Accounts Payable
Phone: 781-472-8100
Email: ap@constantcontact.com4. Effective Date/Commencement
Date:(a) Effective Date:
    
    December 31, 2010, being the latest of the parties respective dates of execution of
this Lease, as set forth on the signature page of this Lease (and which date shall be
inserted in this Item 4 by Landlord, upon Landlords counter-execution of this Lease.)(b) Target
Commencement Date:
    
    May 1, 2011.(c) Early Delivery Date:
    
    April 1, 2011(d) Outside Completion
Date:
    
    June 30, 2011(e) Commencement Date:
    
    Subject to the terms of Section 2.2.4 of the Standard Lease Provisions, the date upon
which Landlord has completed the Commencement Date Conditions.5. Term:
    
    Approximately seventy-two (72) full calendar months (i.e., commencing on the
Commencement Date and expiring on the last day of the seventy-second (72nd) full
calendar month thereafter).For the avoidance of doubt, Landlord and Tenant acknowledge and agree that, if the
Commencement Date occurs on a date that is other than the first (1st) day of
a calendar month, the Term of this Lease shall be deemed to have been automatically
extended by the number of calendar days in the Partial Month, such that the Term of the
Lease shall then be equal to the number of full calendar months described above, plus
the number of calendar days in the Partial Month.For example:a. If the Commencement Date occurs on May 1, 2011, then the seventy-two (72)full
calendar month Term of this Lease would commence on May 1, 2011,and expire on April
30, 2017.b. If, however, the Commencement Date occurs on May 18, 2011, then the seventy-two (72)
full calendar month Term of this Lease would commence on May 18, 2011, and expire on
May 31, 2017. In this example, the period occurring from May 18, 2011through May 31,
2011is the Partial Month. The Base Rent payable by Tenant hereunder during such
Partial Month shall be payable by Tenant on a pro-rated basis, in accordance with
Section 3.1 of the Standard Lease Provisions, at a rate equal to the rate of Base Rent
that would otherwise be due and payable by Tenant hereunder with regard to the first
(1st) month of the Term of this Lease (pro-rated on a per diem basis).
However, in this example, the first (1st) month of the seventy-two (72)full
calendar month Term of this Lease would, for the purposes of calculating the expiration
of the Term of the Lease, be deemed to be the month of June, 2011.
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6. Extension Options/Extension
Term:
    
    Two (2) Extension Options, each to extend the Term for an Extension Term of forty-eight
(48) months, subject to the terms of Section 2.3, below.7. Premises/Pathway:(a) Premises:
    
    Landlord and Tenant acknowledge and agree that the Premises will consist of two (2)
spaces(being Premises-A and Premises-B, each as defined below), collectively
comprising approximately 3,600 square feetof area within the Datacenter, and shall be
delivered to Tenant in two (2) phases, as follows:1. Phase I. For the period commencing on the Commencement Date and continuing until
the occurrence of the Phase II Expansion Date (defined below) (such period being
referred to herein as Phase I), the Premises shall consist of approximately 1,800
square feetof area within the Datacenter (as depicted on Exhibit A, attached hereto,
Premises-A). During Phase I, the term Tenant Space shall mean and refer to
Premises-A and the Pathway.2. Phase II. On the first (1st) day of the seventh (7th) full
calendar month of the Term of this Lease (the Phase II Expansion Date), the Premises
shall be deemed to have been automatically expanded to include approximately 1,800
square feetof additional area within the Datacenter (as depicted on Exhibit A,
Premises-B). For the period commencing on the Phase II Expansion Date and continuing
through the balance of the Term (such period being referred to herein as Phase II),
the Premises shall be deemed to include Premises-A andPremises-B. During Phase II,
the term Tenant Space shall mean and refer to Premises-A, Premises-B and the Pathway.(b) Pathways:
    
    As described on Exhibit C.8. Base Rent:
    
    $47,770.00per month for the period commencing on the Commencement Date and expiring on
the last day of the sixth (6th) full calendar month of the Term of the
Lease.(months 1  6 of the Term)$95,540.00per month for months 7  12 of the Term.$98,406.20per month for months 13  24 of the Term.$101,358.39per month for months 25  36 of the Term.$104,399.14per month for months 37  48 of the Term.$107,531.11per month for months 49  60 of the Term.$110,757.05per month for months 61  72 of the Term.9. Installation Fee:
    
    $25,000.00(the Installation Fee).10. Prepaid Rent:
    
    $47,770.00(being the first (1st) months Base Rent). Such Prepaid Rent
shall be applied to the Base Rent due in month 1 of the Term of this Lease.
 11.
Landlords Address for Notices:
    
    Digital Alfred, LLC
    
    With copies to:c/o Digital Realty Trust, L.P.
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1100 Space Park Drive, Suite 104
Santa Clara, CA 95054
Attn: Property Manager
Facsimile No. (408) 387-8558
E-mail:leaseadministration@digitalrealtytrust.com
    
    Digital Realty Trust, L.P.
1100 Space Park Drive, Suite 104
Santa Clara, CA 95054-3417
Attention: Asset Manager
Facsimile No. (408) 387-8558And:Stutzman, Bromberg, Esserman &
Plifka, A Professional Corporation
2323 Bryan Street, Suite 2200
Dallas, TX 75201
Attention: Noah K. Hansford
Facsimile No. (214) 969-4999
E-mail: hansford@sbep-law.com
 12. Landlords Address
for Payment of Rent:
    
    ACH Payments:Bank:
    
    Bank of America NT&SA
1850 Gateway Blvd
Concord, CA 94520-3282Routing Number:
Account Number:
Account Name:
Regarding/Reference:
    
    121000358
1499805879
Digital Alfred, LLC
Tenant Account No, Invoice NoWire Transfer:Bank:
    
    Bank of America NT&SA
100 West 33rd Street
New York, NY 10001Routing Number:
Account Number:
Account Name:
Regarding/Reference:
    
    026009593
1499805879
Digital Alfred, LLC
Tenant Account No Invoice NoContact Information:Director of Cash Management
Digital Realty Trust
560 Mission Street, Suite 2900
San Francisco, CA 94105
P: (415) 738-6509
F: (415) 495-3687
 13. Brokers/Advisors:(a) Landlords Broker:
    
    Blickman-Turkus, Inc. and CB Richard Ellis, Inc.(b) Tenants Advisor:
    
    RampRate Sourcing Advisors, Inc.14. Land:
    
    The Land located at:
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3105 Alfred Street, Santa Clara, California15. Building:
    
    3105 Alfred Street: A one (1)-story building consisting of approximately 49,858square
feet.16. POP Rooms:
    
    The primary POP Room (approximately as depicted on Exhibit A,the PPOP Room) and
the secondary POP Room (approximately as depicted on Exhibit A, the SPOP Room;
together with the PPOP Room, collectively, the POP Rooms), each being located on the
first (1st) floor of the Building.17. Storage and Receiving:
    
    As it relates to Tenants Personal Property that is delivered to the Building from time
to time, Landlord agrees, upon twenty-four (24) hours prior notice from Tenant, but
subject to reasonable availability of the space, to permit items of Tenants Personal
Property to be stored temporarily (i.e., for no more than seventy-two (72) hours per
delivery) on a non-exclusive basis in locked storage space in the loading area of the
Building. Such shipments shall be accepted by Landlord and stored in such locked space
until such time as Tenant takes delivery of said shipment. The foregoing
notwithstanding, nothing contained in this Item 17 shall be deemed to waive or modify
the terms of the Standard Lease Provisions, below (including, but not limited to,
Sections 9.2, 14.1.1 and 14.2.1).18. Intentionally Deleted:
    
    Intentionally Deleted.19.Maximum Structural Load:
    
    250 poundsof live load per square foot.20. Datacenter:
    
    Suite 140located on the first (1st) floor of the Building approximately as depicted on
ExhibitA (the Datacenter).21. Intentionally Deleted.
    
    Intentionally Deleted.
 Schedule 1 Exhibits A K
  -v-




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STANDARD LEASE PROVISIONS
 LEASE OF TENANT SPACE
 Tenant Space
 Condition of Tenant Space
 Datacenter Connection Area
 Relocation Right
 Quiet Enjoyment; Access
 Common Area
 -1-




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TERM
 Term
 Delivery of Tenant Space
     -2-




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Delivery of Premises-B.
 Extension Options
 st
   -3-




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BASE RENT AND OTHER CHARGES
 Base Rent st
 Installation Fee th
 Payments Generally Base Rent All forms of Additional Rent
 -4-




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Late Payments
 Utilities
 Calculation of Tenants Datacenter Utility Payments
 Tenants Datacenter Utility
Payment
 G = N x (A / B)
 -5-




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Periods of Premises Underutilization
 Generator Fuel Usage
 Tenants Additional Rent Audit Right.
 TAXES
 Taxes  Equipment
 Taxes  Other
 -6-




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INTENTIONALLY DELETED
 PERMITTED USE; COMPLIANCE WITH RULES AND LAWS; HAZARDOUS MATERIALS
 Permitted Use
 Limitations on Permitted Use
 Datacenter Rules and Regulations
 Compliance with Laws; Hazardous Materials
 Compliance with Laws
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Hazardous Materials
   Electricity Consumption Threshold
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Maximum Structural Load
 7.
    
    ACCESS CONTROL; LANDLORDS ESSENTIAL SERVICES; INTERRUPTION OF SERVICES; SAS 70.
 Access Control deemed
   Landlords Essential Services Exhibit F
 Interruption of Services utility-provided Exhibit F except as expressly set
forth on Exhibit F, attached hereto, with regard to Interruptions of Essential Services whether foreseeable or not, whether arising from or
relating to the making of or failure to make any repairs, alterations or improvements, or whether
arising from or related to the provision of or failure to provide for or to restore
 -9-




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any service in or to any portion of the Property, the Building or the Datacenter
 SAS-70 Reporting. SAS 70 Audit
 Self-Help Restriction not Self-Help Right
 8.
    
    MAINTENANCE; ALTERATIONS; REMOVAL OF TENANTS PERSONAL PROPERTY.
 Landlords Maintenance
 PM Standards
 Tenants PM Audit
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Tenants Maintenance
 Alterations
   Exhibit B-1
 Removal of Tenants Personal Property
 9.
    
    CASUALTY EVENTS; TAKINGS; INSURANCE.
 -11-




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Casualty Events; Takings
 Casualty Events
 Landlords Termination Right
 Tenants Termination Right th
 Casualty-Complete
 Base Rent Abatement  Casualty Events
 Takings
 Total Taking
 Partial Taking
 Landlords Termination Right  Partial Taking
 Tenants Termination Right  Partial Taking
 -12-




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Restoration  Taking
 Base Rent Abatement  Taking
 Taking Award Rights
 Tenants Remedy
 Tenants Insurance Exhibit B-1
  Landlords Insurance Exhibit B-2
 10.
    
    TRANSFERS.
 Restrictions on Transfers; Landlords Consent
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Permitted Transfer
 Notice to Landlord
 Landlords Recapture Rights
 No Release; Subsequent Transfers
 Colocation vis a vis
 Excess Rent
 ESTOPPEL CERTIFICATES
 12.
    
    SUBORDINATION AND ATTORNMENT; HOLDER RIGHTS.
 Subordination and Attornment
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Holder Protection
 SNDA
 13.
    
    SURRENDER OF TENANT SPACE; HOLDING OVER.
 Tenants Method of Surrender
 Disposal of Tenants Personal Property
 Holding Over
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Survival
 14.
    
    WAIVERS; INDEMNIFICATION; CONSEQUENTIAL DAMAGES; LIENS.
 Waivers
 Tenant hereby waives its rights including all such claims, damages
and losses, which are caused by or result from the negligence or willful misconduct of any member
of the Landlord Group
 Landlord hereby waives its rights , including all such claims, damages and losses, which are caused by or
result from the negligence or willful misconduct of any member of the Tenant Group
 Indemnification
  Tenant hereby agrees to indemnify, defend, and hold harmless
    -16-




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gross negligence
  gross negligence
  Indemnification by Landlord Landlord hereby agrees to defend, indemnify, and
hold harmless gross negligence
 gross negligence
  -17-




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Consequential Damages , excluding all such claims, if any, which arise as a result of the gross negligence of
the Landlord Group
 Liens
 15.
    
    TENANT DEFAULT.
 Events of Default By Tenant
  
 *
    
    In order to be considered to have been properly disputed, the relevant
amount(s) must have been timely disputed in good faith in writing by Tenant prior to
the due date thereof.  Event of Default-ECT Overage
 -18-




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*
    
    In connection with this Section 15.1.2.1, the term remedy shall mean and refer to a
meaningful and relatively permanent remedy of the condition causing the ECT Overage.    Remedies Exhibit D
 16.
    
    LANDLORDS LIABILITY.
 Landlord Default; Tenants Remedies
 Landlord Default
   Tenants Remedies
 -19-




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Landlords Liability
      Transfer of Landlords Interest
 Status as a Real Estate Investment Trust
 Partial Assignment
 17.
    
    MISCELLANEOUS.
 Severability
 -20-




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No Waiver
 Attorneys Fees and Costs $1,000.00
 Waiver of Right to Jury Trial
 Headings; Time; Survival
 Notices
 Governing Law; Jurisdiction
 Incorporation; Amendment; Merger
 -21-




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Brokers
 Examination of Lease; Binding on Parties
 Recordation Memo of Lease Exhibit K
 Authority
 Successors and Assigns
 Force Majeure
 No Partnership or Joint Venture; No Third Party Beneficiaries
 Access by Landlord
 -22-




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Rights Reserved by Landlord
 a)
    
    2N UPS, N +1 Generator redundancy for the Premises.
 b)
    
    Concurrently maintainable (Tier III) Premises.
 c)
    
    At least 6 minutes of UPS power under full load.
 d)
    
    30 raised floor height and 12 ceiling height.
 e)
    
    25% perforated tiles for Tenant space.
 f)
    
    Zone 4 code compliance for earthquakes.
 g)
    
    At least 24 hours of fuel run time for generators.
 h)
    
    Double-interlock pre-action sprinkler system.
 i)
    
    No less than N Generator plant with camlok tap box for additional generator,
in case of main generator failure or main generator maintenance.
 j)
    
    Generators to have weather resistant enclosure and a double contained fuel
tank, as well as all required approvals of such generators from local municipality
(including architectural, noise, and planning to the extent required by Applicable
Law).
 k)
    
    Monitoring of PDU and other electrical infrastructure using BMS by TAC or
equivalent systems.
 l)
    
    Revenue grade metering at the main distribution voltage supply switch.
 m)
    
    Power quality metering at the output of the UPS.
 n)
    
    Energy management & monitoring system, with monitoring and control for:
mechanical heat rejection equipment; UPS systems; PDUs; fire alarm; water flow switch;
security system; temperature/humidity; under floor leak detection system; lighting;
power metering & monitoring system / energy management system. The energy management &
monitoring system will monitor all critical equipment for the Datacenter, with alerts
configured to page the Building engineer, service provider, and, if required by Tenant,
Tenant staff.
 o)
    
    Tenant access to web portal including viewing the Building management system
data for the Premises.
 p)
    
    Carrier neutrality and availability of multiple IP transit providers in the
Building.
 q)
    
    Multiple fiber egress points from the Building.
 r)
    
    Building security monitoring.
 s)
    
    Continuation of all building services, including provisioning, maintenance, and
replacement of common electrical and HVAC equipment, access to loading dock, exterior
maintenance (landscaping,
 -23-




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parking lot, etc.); and interior services (trash pickup,
common area maintenance, restrooms and temperature control) without additional charge
to client.
 t)
    
    Electronic key card reader/system for access into the Premises.
 Counterparts; Delivery by Facsimile or E-mail
 Confidentiality
 Incorporation of Schedules and Exhibits
 Financial Statements
 Master Lease
 [SIGNATURES APPEAR ON NEXT PAGE]
 -24-




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LANDLORD:DIGITAL ALFRED, LLC,a Delaware limited liability companyBy:
    
    Digital Realty Trust, L. P.,
a Maryland limited partnership,
its member and managerBy:
    
    Digital Realty Trust, Inc.,
a Maryland corporation,
its general partnerBy:
    
    /s/
Richard BerkName: Richard Berk
Title:  Vice President Portfolio Management, West RegionDate:
    
    December 31, 2010
 TENANT:
CONSTANT CONTACT, INC.,
a Delaware corporationBy:

/s/
John WalshName:
 John WalshTitle:
 Senior
Vice President, Engineering and OperationsDate:
    
December 31,
2010




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EXHIBIT A
 DEPICTION OF DATACENTER AND PREMISES
 
 -1-




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EXHIBIT
B-1
 TENANTS INSURANCE REQUIREMENTS
 Policies
 A. Commercial general liability insurance
(including contractual liability):
    
    $5,000,000 single limit; $5,000,000 aggregate
limit.*B. Special Peril Form property insurance:
    
    Full replacement value of Tenants Personal
Property.C. Workers compensation insurance:
    
    In accordance with the laws of the
state in which the
Property is located, and Employers Liability
insurance with a limit not less than $1,000,000
Bodily Injury Each Accident; $1,000,000 Bodily
Injury By Disease  Each Person; and
$1,000,000 Bodily Injury
By Disease  Policy
Limit.D. Automobile liability insurance:
    
    Primary auto liability
insurance with limits of
not less than $1,000,000
per occurrence covering
owned, hired and
non-owned vehicles used
by Tenant or any other
member of the Tenant
Group.E. Business interruption insurance:
    
    In such amount as will
reimburse Tenant for
direct or indirect loss
of earnings attributable
to all perils insured
against by the property
insurance described above
for a period of not less
than twelve (12) months.
 
 *
    
    some or all of which may be provided by umbrella coverage. Requirements :
  -1-




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EXHIBIT
B-2
 LANDLORDS INSURANCE REQUIREMENTS
 Policies
 A. Commercial general liability insurance
(including contractual liability):
    
    $10,000,000 single limit;
$20,000,000 aggregate
limit.*B. Special Peril Form property insurance:
    
    Full replacement value of
the Building and
Landlords personal
property installed
therein.*C. Workers compensation insurance:
    
    In accordance with the
laws of the state in
which the Property is
located, and Employers
Liability insurance with
a limit not less than
$1,000,000 Bodily Injury
Each Accident; $1,000,000
Bodily Injury By Disease
- Each Person; and
$1,000,000 Bodily Injury
By Disease  Policy
Limit.D. Automobile liability insurance:
    
    Primary auto liability
insurance with limits of
not less than $1,000,000
per occurrence covering
owned, hired and
non-owned vehicles used
by Landlord or any other
member of the Landlord
Group.
 
 *
    
    some or all of which may be provided by umbrella coverage. Requirements :
  -1-




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EXHIBIT C
 DESCRIPTION OF PATHWAY
 PPOP Pathway
 SPOP Pathway Pathway
  -1-




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EXHIBIT D
 CALIFORNIA STATE LAW PROVISIONS
 1.
    
    REMEDIES FOR EVENTS OF DEFAULT.
 Landlords Right to Terminate Upon Tenant Default Discounting Rate
 Landlords Right To Continue Lease Upon Tenant Default
 Efforts to Relet Exhibit D
 -1-




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Waiver of Right of Redemption
 Cumulative Remedies; Equitable Relief
 Tenants Waiver
 Landlords Right to Cure
 Notices
 2.
    
    STATUTORY WAIVERS.
  -2-




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Environmental Disclosures.
  WARNING:
 3.
    
    NOTICE OF COMPLETION.
  4.
    
    NOTICES.
 Statutory Written Notices or Complaints
 -3-




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EXHIBIT E
 LANDLORDS INSTALLATIONS
  -1-




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EXHIBIT
E-1
 COMMISSIONING CRITERIA
  -1-




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EXHIBIT F
 SERVICE LEVEL
 Table A.
 1.
    
    Electricity Consumption
Threshold:
    
    281 total kWduring Phase I.562 total kWduring Phase II.2.
    
    Target Battery Capacity:
    
    Six (6) minutes.3.
    
    Back-Up Power Specifications:
    
    One (1) 2.0 MW Building generator
supplies dedicated back-up power for
the Datacenter. Landlord shall
ensure that Building generator is
sized appropriately to support
Datacenter power loads.One (1) 2.0 MW Building generator
supplies shared backup power for the
Datacenter and other datacenter
space. Landlord shall ensure
throughout the term of this Lease
that Building generator is sized
appropriately to support power loads
of Datacenter and other datacenter
spaces.4.
    
    HVAC Specifications.(a)
    
    Target Temperature Range:
    
    Average temperature of the Premises,
measured at the return air vents in
the Premises, between 68 degrees
Fahrenheit and 78 degrees Fahrenheit.(b)
    
    Target Humidity Range:
    
    Average relative humidity of the
Premises, measured at the return air
vents in the Premises, between 35%
and 55%.
 Service Level  Terms.
 1.
    
    Landlords Essential Services.
 Electricity
 HVAC
 -1-




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2.
    
    Interruptions of Landlords Essential Services; Losses of Redundancy.
 Outage Credits; and Partial Outage Credits.
  Table Related to the Calculation of Outage Credits (Table 2.A.(1)-A)
 Interruption Duration:
    

Tenants Remedy:0-1 hour
    
    The Level-1 Outage Credit(s)
described in Table 2.A.(1)-B,
below.1hr, 1minute through 4 consecutive
hours during which such Interruption
of Landlords Essential Services
occurs or continues
    
    One (1) Outage Credit in addition
to Outage Credit(s) granted, above,
for such Interruption for the 0-1
hour outage period.4hrs, 1minute through 8 consecutive
hours during which such Interruption
of Landlords Essential Services
occurs or continues
    
    One (1) Outage Credit in addition
to the Outage Credits granted,
above, for such Interruption for
0-1 hour outage period and 1-4 hour
outage period.8hrs, 1minute through 12 consecutive
hours during which such Interruption
of Landlords Essential Services
occurs or continues
    
    One (1) Outage Credit in addition
to Outage Credits granted, above,
for such Interruption for 0-1 hour
outage period, 14 hour outage
period and 4-8 hour outage period.Each twelve (12) hour period
thereafter during which such
Interruption of Landlords Essential
Services occurs or continues.
    
    One (1) Outage Credit in addition
to Outage Credits granted, above,
previously for such Interruption.
 Table Describing the Level-1 Outage Credits (Table 2.A.(1)-B)
 Interruption Occurrence:
    
    Level-1 Outage Credit:Each First Interruption.
    
    One (1) Outage Credit.Each Second Interruption.
    
    Two (2) Outage Credits.Each Third Interruption.
    
    Three (3) Outage Credits.Each Four-Plus Interruption.
    
    Four (4) Outage Credits.
 Partial Outage Credit
 Table Related to the Calculation of Partial Outage Credits (Table 2.A.(2))
 Loss of Redundancy Duration:
    

Tenants Remedy:One hundred sixty eight (168)
consecutive hours.
    
    One Partial Outage Credit.Each period of one hundred sixty
eight (168) consecutive hours
thereafter during which such Loss of
Redundancy continues.
    
    One (1) Partial Outage Credit in
addition to the Partial Outage
 Credit granted, above, previously
for such Loss of Redundancy.
 -2-




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Interruption Cure Completion Notice
 Performance Review
 Termination Rights.
 Continuous Outage Termination Right.
 Chronic Outage Termination Right.
 Remedies Exclusive. Exhibit F
 -3-




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EXHIBIT G
 INTENTIONALLY DELETED
 -1-




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EXHIBIT H
 COMMENCEMENT DATE NOTICE
  VIA
[E-MAIL]: [# OR E-MAIL ADDRESS]
AND FEDERAL EXPRESS
 
 Re:
    
    That certain Turn Key Datacenter Lease with an effective date of ______ __,
20__ (as amended and modified from time to time, the Lease), by and between Constant
Contact, Inc., a Delaware corporation(Tenant), as tenant, and Digital Alfred, LLC, a
Delaware limited liability company(Landlord), as landlord, covering certain premises
more particularly described in the Lease at that certain building located at 3105
Alfred Street, Santa Clara, California. Capitalized terms not otherwise defined herein
shall have the meanings ascribed to them in the Lease.
   1.
    
    The Commencement Date of the Lease is _______ ___, 20_.[ADD SECTIONS TO CONFIRM TAKE-DOWN OR OTHER DATES, IF APPLICABLE]2.
    
    Tenants Base Rent schedule is as follows:
 $_________for the period _______ __, 20__ through _______ __, 20__
          (the Partial Month) [DELETE IF COMMENCEMENT DATE IS THE 1ST]$47,770.00per month for the period _______ __, 20__ through _______ __, 20__
          (months 1-6 of the Term)$95,540.00per month for the period _______ __, 20__ through _______ __, 20__
          (months 7-12 of the Term)$98,406.20per month for the period _______ __, 20__ through _______ __, 20__
          (months 13-24 of the Term)$101,358.39per month for the period _______ __, 20__ through _______ __, 20__
          (months 25-36 of the Term)$104,399.14per month for the period _______ __, 20__ through _______ __, 20__
          (months 37-48 of the Term)$107,531.11per month for the period _______ __, 20__ through _______ __, 20__
          (months 49-60 of the Term)$110,757.05per month for the period _______ __, 20__ through _______ __, 20__
          (months 61-72 of the Term)
 -1-




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Sincerely,By:Name:Title:On behalf of Landlord cc:
    
    [INSERT      ADDITIONAL      NOTICE
ADDRESSES, IF APPLICABLE]
 -2-




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ATTACHMENT
1
 COMMISSIONING COMPLETE LETTER
 [USE COMMISSIONING AGENTS LETTERHEAD]
 COMMISSIONING COMPLETE LETTER
  VIA [INSERT METHOD]
 
 Re:
    
    Commissioning of Suite 140 (the Datacenter), located in that certain building
located at 3105 Alfred Street, Santa Clara, California.
  __:__ [AM/PM] on [MONTH] [DATE], 20__
 Commissioning
Complete Letter
  Sincerely,
[COMMISSIONING AGENT]By:Name:Title: -1-




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EXHIBIT I
 INTENTIONALLY OMITTED
 -1-




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EXHIBIT J
 ENVIRONMENTAL REPORTS
  -1-




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EXHIBIT K
 FORM OF MEMO OF LEASE
   Date of Execution:
    
    ________________, 20__Landlord:
    
    Digital Alfred, LLC, a Delaware limited liability company.Tenant:
    
    Constant Contact, Inc., a Delaware corporation.Premises; Pathways:
    
    Premises A (commencing on the Commencement Date)
consisting of approximately 1,800 square feet of area in
Suite 140 of the Building (defined below), and Premises B
(commencing on the first day of the sixth full calendar
month of the Term) consisting of approximately 1,800
square feet of area in Suite 140 (together, the
Premises), the PPOP Pathway consisting of one (1)
dedicated four-inch (4) conduit, designated by Landlord,
from the Premises to the PPOP Room (as defined in the
Lease), and the SPOP Pathway consisting of one (1)
dedicated four-inch (4) conduit, designated by Landlord,
from the Premises to the SPOP Room (as defined in the
Lease), such Premises and such Pathways being within the
Building known as 3105 Alfred Street, Santa Clara,
California and more particularly described in the Lease,
which Building is located on the land more particularly
described on Exhibit 1 attached hereto.Term:
    
    Approximately seventy-two (72) full calendar months
(i.e., commencing on the Commencement Date (as defined in
the Lease), and expiring seventy-two (72) full calendar
months thereafter, unless extended pursuant to the
Lease). In the event that the Commencement Date occurs
on the Target Commencement Date (as defined in the Lease;
i.e., May 1, 2011), the Term of the Lease would expire on
April 30, 2017, unless extended pursuant to the Lease.Extension Option:
    
    Two (2) Extension Options, each to extend the Term for an
Extension Term of forty-eight (48) months each, subject
to the terms and conditions of the Lease.
  -1-




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LANDLORD:
    
    TENANT:DIGITAL ALFRED, LLC, 
a Delaware limited liability company
    
    Constant Contact, Inc., a Delaware corporation
 By:
    
    Digital Realty Trust, L. P.,
a Maryland limited partnership,
its member and managerBy:
    
    Digital Realty Trust, Inc.,
    By:a Maryland corporation,
its general partner
    
    Name:Title:By:Name:Title:
 -2-




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_____________ County, ss.
    
    ________________, 20__
  
  -3-




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__________ County, ss.
    
    _________________, 20__
  
  -4-




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EXHIBIT 1
 Legal Description
 -5-