THIRD AMENDMENT TO LEASE
THIS THIRD AMENDMENT TO LEASE (the "Amendment") is made and entered
into this ______ day of , 1996, by and between THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA ("Landlord"), having an address at Xxx Xxxxxxxxxx Xxxxx, Xxxxx 0000,
Xxxxxxx, 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, #310, #320, #325, #340,
#360, and #362 containing 75,931 rentable square feet 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, and a Second Amendment To Lease dated
November 30, 1995. The combined terms of the Lease and subsequent
Amendments shall herein be referred to as the "Lease".
C. All capitalized terms not defined herein shall have the meanings
ascribed to them in 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. Term. The Commencement Date of the Lease, with respect to Space "B",
shall be revised to be that period of time commencing February 5, 1996
and ending on May 31, 2005, (the "Expiration Date").
2. Base Rent. Paragraph 3 of the First Amendment To Lease shall be revised
to read: Tenant shall pay as Base Rent with respect to Space "A" and
Space "B", the sum of Nine Hundred Twenty-Six Thousand, Forty Dollars
and Four Cents ($926,040.04) payable monthly as follows:
October 1, 1995 - January 31, 1996 $4,533.17 / Month Feburary
1, 1996 - February 29, 1996 $7,816.69 / Month March 1, 1996 -
June 30, 1996 $8,342.05 / Month July 1, 1996 - May 31, 2005
$8,100.21 / Month
3. Adjustment Rent. With respect to the Space "B", Effective July 1, 1996,
Tenant shall pay Adjustment Rent in accordance with the terms and
conditions contained in Paragraph 2 of the Lease.
4. 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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5. This Amendment shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
6. The parties hereto hereby reaffirm and ratify all covenants,
representations and warranties in the Lease as amended by this
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, The Prudential Insurance Company of
a Delaware corporation America, a New Jersey corporation
By: Pacific Realty Group, Inc.,
By: its Managing Agent
Its: By:
Its:
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