Datadog, Inc. Sample Contracts

DATADOG, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of June 2, 2020 0.125% Convertible Senior Notes due 2025
Indenture • June 2nd, 2020 • Datadog, Inc. • Services-prepackaged software • New York

INDENTURE dated as of June 2, 2020 between DATADOG, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

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●] Shares DATADOG, INC. CLASS A COMMON STOCK (PAR VALUE $0.00001 PER SHARE) UNDERWRITING AGREEMENT
Underwriting Agreement • September 9th, 2019 • Datadog, Inc. • Services-prepackaged software • New York
DATADOG, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 9th, 2019 • Datadog, Inc. • Services-prepackaged software • Delaware

This INDEMNIFICATION AGREEMENT (this “Agreement”) is dated as of , 20 and is between Datadog, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).

Datadog, Inc. 620 8th Avenue, 45th Floor New York, NY 10018 (866) 329-4466 www.datadoghq.com
Information and Inventions Agreement • September 9th, 2019 • Datadog, Inc. • Services-prepackaged software

Datadog, Inc. (the “Company”) is pleased to offer you a consulting services relationship, and subsequent full-time employment, on the terms set forth in this letter agreement (this “Agreement”):

January 5, 2022 Sean Walters
Datadog, Inc. • February 24th, 2023 • Services-prepackaged software

Datadog, Inc. (the “Company”) is pleased to update the original terms of your employment set forth in the letter agreement dated February 9, 2018 (the “Original Offer Letter”) as follows:

AGREEMENT OF SUB-SUBLEASE
Agreement of Sub-Sublease • July 30th, 2019 • Datadog, Inc. • Services-prepackaged software

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”).

EXECUTIVE SEVERANCE AGREEMENT
Executive Severance Agreement • September 9th, 2019 • Datadog, Inc. • Services-prepackaged software • New York

This Executive Severance Agreement (the “Agreement”) is entered into by and between (the “Executive”) and Datadog, Inc., a Delaware corporation (the “Company”), effective as of the Effective Date (as defined below).

AGREEMENT OF SUBLEASE
Agreement of Sublease • March 1st, 2021 • Datadog, Inc. • Services-prepackaged software

This AGREEMENT OF SUBLEASE (this “Sublease”), made as of the 9th day of July, 2020, between CLEARBRIDGE INVESTMENTS, LLC, a Delaware limited liability company, f/k/a ClearBridge Advisors, LLC, f/k/a CAM North America, LLC (“Sublandlord”), and DATADOG, INC., a Delaware corporation (“Subtenant”).

FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT
Investors’ Rights Agreement • August 23rd, 2019 • Datadog, Inc. • Services-prepackaged software • Delaware

THIS FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the 28th day of December, 2015, by and among Datadog, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor.”

AGREEMENT OF SUB-SUB-SUBLEASE
Agreement of Sub-Sub-Sublease • July 30th, 2019 • Datadog, Inc. • Services-prepackaged software

This AGREEMENT OF SUB-SUB-SUBLEASE (this “Sub-Sub-sublease”), made as of the 14th day of April, 2016, between IDEELI INC., a Delaware corporation (“Sub-Sub-sublandlord”), and DATADOG, INC, a Delaware corporation (“Sub-Sub-subtenant”).

SUBLEASE
Sublease • August 23rd, 2019 • Datadog, Inc. • Services-prepackaged software • New York

THIS SUBLEASE (this “Sublease”), dated as of this 19th day of July 2018, between COVINGTON & BURLING LLP, a District of Columbia limited liability partnership, having an office at One CityCenter, 850 Tenth Street, N.W., Washington, D.C. 20001 (“Sublandlord”) and DATADOG, INC., a Delaware corporation, having an office at 620 Eighth Avenue, 45th Floor, New York, New York (“Subtenant”).

Contract
Datadog, Inc. • August 8th, 2022 • Services-prepackaged software • New York

Certain information has been excluded from this agreement (indicated by “[***]”) because such information is both not material and the type that the registrant customarily and actually treats as private or confidential.

Mr. Dan Fougere Dear Dan:
Datadog, Inc. • May 7th, 2021 • Services-prepackaged software • New York

Datadog, Inc. (the “Company”) is pleased to offer you a consulting services relationship, and subsequent full-time employment, on the terms set forth in this letter agreement (this “Agreement”):

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