AMENDMENT TO OFFICE BUILDING LEASE AGREEMENT
THIS AMENDMENT to Office Building Lease Agreement is made between
Pennsylvania Dental Service Corporation, a Pennsylvania Corporation d/b/a
Delta Dental of Pennsylvania ("Landlord") and Mindspring Enterprises, Inc., a
Delaware Corporation ("Tenant").
WITNESSETH:
WHEREAS Landlord and Tenant have previously entered into the Office
Building Lease Agreement (the "Lease") dated December 15, 1997; and
WHEREAS Landlord and Tenant desire to enter into this Amendment to
the Lease Agreement upon the terms and conditions herein set forth:
NOW THEREFORE, Landlord and Tenant in consideration of the above
Premises, the mutual covenants and conditions contained herein, and for other
good and valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties intending to be legally bound, do hereby
agree as follows:
1. Paragraph 3 of the Lease is hereby modified to extend the Term through
April 30, 2000. The other terms and conditions of the Lease shall
remain in full force and effect. The rent during such term shall be
based upon an annual rental of $313,800 per year adjusted and payable
on a monthly pro rata basis.
2. Tenant agrees that it shall make the following repairs to the Premises
at its expense and shall undertake the following actions:
(a) Institute a policy and take appropriate action to eliminate
the cigarette butts discarded on the landscaping and parking
areas of the Premises.
(b) Service and/or replace if necessary the portable fire extinguishers
located at the Premises.
(c) Clean and maintain the carpet and repair gouges and holes in the
walls.
(d) Repair the fabric that is torn on the modular furniture located in
the Premises belonging to Landlord, as described in paragraph 44 of
the Lease.
3. Tenant agrees to maintain the floors in the restrooms and stairwells
within the Premises and shall strip and wax these floors regularly. In
addition Tenant shall replace any missing or damaged ceiling tiles that
Tenant has removed from the ceiling in the Premises, or damaged.
4. Tenant hereby acknowledges its obligations pursuant to paragraph 44 of
the Lease concerning reimbursement of Landlord for any damage or
destruction of the personal property described therein, except for
customary wear and tear.
5. Tenant shall promptly reimburse Landlord, no later than thirty (30)
days from Landlord's written request, for any costs Landlord may incur
by reason of Tenant's failure to make any of the aforementioned
repairs.
IN WITNESS WHEREOF, the parties have set forth their hands and seals
this ______________ of _____________________, 1999.
ATTEST: LANDLORD:
Pennsylvania Dental Service
Corporation
D/B/A Delta Dental of Pennsylvania
_____________________________________ By:________________________________
Name:________________________________ Name:______________________________
Title:_______________________________ Title:_____________________________
ATTEST: TENANT:
MindSpring Enterprises, Inc.
_____________________________________ By:________________________________
Name:________________________________ Name:______________________________
Title:_______________________________ Title:_____________________________
