ELEVENTH AMENDMENT TO LEASE
THIS ELEVENTH AMENDMENT TO LEASE (the "Amendment") is made and entered
into this 31st day of March, 1998, by and between LAFP-SF, Inc., successor in
interest to The Prudential Insurance Company Of America ("Landlord"), having an
office c/x Xxxx Enterprises Colorado, Inc., 0000 Xxxxxxxx Xxxxxx, Xxxxx 000,
Xxxxxx, Xxxxxxxx 00000, and Data Transmission Network Corporation ("Tenant"),
having an office at 0000 Xxxx Xxxxx Xxxx, Xxxxx 000, Xxxxx, Xxxxxxxx 00000.
RECITALS
A. The Prudential Insurance Company of America and Data Transmission
Network Corporation entered into that certain lease dated as of May 2,
1995, for Suites #000X, #000, #000, #000, #000, #000, #320, #325, #340,
#360, #362, and #100 containing 75,931 rentable square feet (RSF) in
the Building known as Embassy Plaza, located at 0000 Xxxx Xxxxx Xxxx,
Xxxxx, Xxxxxxxx ("the Premises").
B. Subsequently, The Prudential Insurance Company Of America and Data
Transmission Network Corporation executed a First Amendment To Lease
dated September 29, 1995, a Second Amendment To Lease dated January 5,
1996, a Third Amendment To Lease dated January 5, 1996, and a Fourth
Amendment To Lease between LAFP-SF, Inc. and Tenant dated December 23,
1996, a Fifth Amendment To Lease dated July 7, 1997, a Sixth Amendment
To Lease dated July 7, 1997, a Seventh Amendment To Lease dated
September 19, 1997, an Eighth Amendment To Lease dated September 19,
1997, a Ninth Amendment To Lease dated September 19, 1997, and a Tenth
Amendment To Lease dated December 23, 1997. The combined terms of the
Lease and subsequent Amendments shall herein be referred to as the
"Lease".
NOW, THEREFORE, in consideration of the foregoing promises and other
good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto covenant and agree as follows:
1. Waiver. The following shall be added to Paragraph 11A of the Lease:
"Each party hereby waives all claims for recovery from the other party
for any loss or damage to any of its property insured under valid and
collectible insurance policies to the extent of any recovery
collectible under such insurance, subject to the limitation that this
waiver shall apply when permitted by the applicable policy of
insurance.
2. Electrical Room Key. Landlord agrees to provide Tenant with a key to
access the electrical rooms that serve its Premises or the purpose of
performing on-going maintenance and incidental modifications of the
circuits that serve Tenant's Premises. As a condition of this
agreement, Landlord, at Tenant's sole expense, will engage a competent
electrical contractor to perform semi-annual load testing and infrared
scanning of all electrical circuits and panels within these electrical
rooms. To the extent any repairs or corrective actions are required as
a result of Tenant's activities in such electrical rooms, Tenant
agrees, at its sole cost, to immediately perform such repairs or
corrective actions. Tenant's contractor for any of the above work shall
be subject to Landlord's approval in its sole discretion.
Landlord's agreement to provide Tenant with access to the above
electrical rooms in no way circumvents, cancels, or modifies any
provisions of the Lease with respect to Tenant's liability or
requirements for Landlord's approval of any Tenant alterations.
Landlord may, at any time and in its sole discretion, cancel the
provisions of this paragraph and require Tenant to return such key.
Should Tenant not return such key upon demand or duplicate such key,
Landlord will change the locks on all effected electrical rooms and
Tenant agrees to pay for all costs associated with changing such locks.
3. Effect of Agreement. Except as herein specifically provided, the terms
and conditions of the Lease shall continue in full force and effect.
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4. This Amendment shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
5. The parties hereto hereby reaffirm and ratify all covenants,
representations and warranties in the Lease as amended by the
Amendment.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as
of the day and year first above written.
Tenant: Landlord:
Data Transmission Network Corporation, LAFP-SF, Inc.
a Delaware corporation
By:/s/ Xxxx X. Xxxxx By: Xxxx Enterprises Investment
-------------------------- Management, Inc.
Xxxx X. Xxxxx Its: Authorized Agent
Its:President and COO By:/s/ Xxxx X'Xxxx
----------------------
Xxxx X'Xxxx
Its:Vice President
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