EXHIBIT 10.13.2
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this "Second Amendment") is made this 29th day
of December 1999 between Xxxxxxx Properties, L.P., a California limited
partnership, ("Landlord"), and Broadband Sports, Inc., a Delaware corporation
("Tenant").
WHEREAS, Landlord and Tenant entered into a Lease dated July 30, 1999, as
amended by that certain First Amendment to Lease (the "First Amendment") dated
as of October 1, 1999 (collectively, the "Lease"), for those certain premises
located at 0000 Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxx Xxxxxx, Xxxxxxxxxx (the
"Premises"), as more fully described in the Lease. Capitalized terms used but
not otherwise defined herein shall have the meanings given them in the Lease;
and
WHEREAS, Landlord and Tenant desire to modify the Lease as provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained
herein, the parties hereby mutually agree as follows:
1. Term Commencement Date. Notwithstanding anything to the contrary contained
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in the Lease, the Term Commencement Date (as defined in Paragraph 2.A of
the Lease) with respect to the initial Premises (excluding the Expansion
Premises defined in the First Amendment) shall be November 15, 1999.
Tenant's obligation to pay Rent in accordance with the terms of the Lease
with respect to the initial Premises shall commence on November 15, 1999.
There shall be no extension of the Term Commencement Date as a result of
Force Majeure Delays or events as described in Paragraph 35 of the Lease or
Paragraph 7.1 of Exhibit C to the Lease, of for any other purpose
whatsoever. The Expansion Premises Commencement Date with respect to the
Expansion Space shall not be modified by this Second Amendment and shall
continue to be as defined in Paragraph 2 of the First Amendment.
2. Term Expiration Date. The expiration date for the Term with respect to each
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of the initial Premises under the Lease and the Expansion Premises under the
First Amendment shall be extended to November 14, 2006.
3. Security Deposit. At the end of the sixth (6th) sentence of Paragraph 19.A
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of the Lease, after the words "three (3) occasions during the Term," insert
the following: "and provided that the Security Deposit held by Landlord is a
cash deposit (with the nature of the Security Deposit being cash not
affecting the reduction of the LOC Amount (as herein defined) when an LOC
(as defined herein) is provided by Tenant pursuant to Paragraph 39.D), and
further provided that the Security Deposit held hereunder has not been
reduced at any time pursuant to Paragraph 19.B below, then".
Except as expressly modified above, all terms and conditions of the Lease as
modified remain in full force and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have entered into this Second
Amendment as of the date first written above.
LANDLORD: TENANT:
Xxxxxxx Properties, L.P., Broadband Sports, Inc.,
a California limited partnership a Delaware corporation
By: Xxxxxxx Properties, Inc., By: Xxxxxx X. Xxxxxx
a Maryland corporation _________________________________
its General Partner Its: Vice President, Legal Affairs
______________________________
By: ___________________________ By: ________________________________
Xxxxxx X. Xxxxx
Its: ___________________________ Its: ______________________________
Vice President
