EXHIBIT 10.2
AMENDMENT TO THE LOCATION RENTAL AGREEMENT
AS AMENDED BY AND BETWEEN THE COMPANY AND XXXXXX XXXXXXX
THIS SECOND AMENDMENT TO THE LOCATION RENTAL AGREEMENT, dated as of
March 15, 2004 (the "Amendment"), by and between Xxxxxx Xxxxxxx Living
Omnimedia, Inc. ("MSLO"), a Delaware corporation, and Xxxxxx Xxxxxxx
("Xxxxxxx"), a natural person (each of MSLO and Xxxxxxx, a "Party"). Capitalized
terms used in the Amendment but not defined herein shall have the meanings
provided in the Agreement.
W I T N E S S E T H:
WHEREAS, the Parties wish to amend that certain location rental agreement
entered into by and between MSLO and Xxxxxxx as of October 22, 1999, as amended
(the "Agreement");
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Section 1 of the Agreement is hereby amended to read as
follows:
"The term of this Agreement shall commence on the date hereof
and continue until July 4, 2004, unless this Agreement is terminated
pursuant to Section 7 hereof. "
2. Section 2 of the Agreement is amended by adding the following
to the final sentence of the Section:
"; provided, however, that for the period from January 1, 2004
to July 4, 2004, MSLO shall pay a pro rata portion of the Annual Rental
Fee in advance in six equal monthly installments of $208,333 and a final
installment of $26,882 for the period commencing July 1, 2004 and ending
July 4, 2004."
3. The Amendment shall not constitute an amendment of any
provision of the Agreement not expressly referred to herein.
Except as expressly amended hereby, the provisions of the
Agreement are and shall remain in full force and effect.
4. The Amendment may be executed by the parties hereto in
separate counterparts (including facsimile counterparts), each
of which shall be deemed to be an original, and which taken
together shall be deemed to constitute one and the same
instrument.
5. It is understood and acknowledged that none of the changes to
the Agreement effected by the Amendment and no action or
inaction by any party in connection therewith shall be
construed as a waiver of any rights of Xxxxxxx or the Company
arising under any agreement between Xxxxxxx and the Company or
under applicable law all of which are expressly reserved.
6. The Amendment shall be governed by, and construed and
interpreted in accordance with, the laws of the State of
Delaware, without regard to its conflict of laws or choice of
laws principles.
IN WITNESS WHEREOF, the parties hereto have executed and delivered
the Amendment as of the date first above written.
XXXXXX XXXXXXX LIVING OMNIMEDIA, INC.
By: /s/ Xxxxxx Xxxxxxx
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Name Xxxxxx Xxxxxxx
Title: President & Chief Executive Officer
/s/ Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx
