SUBLEASE AGREEMENT

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.

RECITALS

A.  OMB, as lessor, and OMTech, as lessee, entered into a Lease Agreement dated as of October 30, 2004 (the ?Master Lease?) for Suite 100 in the Old Mill Corporate Center III building (the ?Building?), which is located at 6440 South 3000 East, Salt Lake City, Salt Lake County, Utah 84121.  A portion of Suite 100 consisting of approximately 2000 square feet will be built out and sublet separately as a co-location center for Overstock.  The remainder of Suite 100 shall be referred to herein as the ?Premises? and shall consist of approximately 12,615 rentable square feet.

B.  Overstock desires to sublease the office space in Premises from OMTech, and OMTech is willing to sublease the Premises to Overstock on the terms and conditions set forth hereinafter.

C.  Holladay Building East L.L.C. (?HBE?), as lessor, and Overstock entered into a Lease Agreement dated January 23, 2002 (the ?Suite 100 Lease?) for Suite 100 in the Old Mill Corporate Center located at 6322 South 3000 East, Salt Lake City, Utah 84121.

D.  HBE, OMB and Overstock entered into a Fourth Amendment to Lease Agreement dated December 1, 2004 (the ?Fourth Amendment?) pursuant to which Overstock agreed to move to Suites 200, 300 and 400 of the Building, with the relationship between OMB and Overstock to be governed by the terms of the Suite 100 Lease except as modified by the provisions of the Fourth Amendment.

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