W2007 417 FIFTH REALTY, LLC
Exhibit 10.60
W2007 417 FIFTH REALTY, LLC
000 Xxxxx Xxxxxx, Xxxxx 0000
Xxx Xxxx, XX 00000
Xxx Xxxx, XX 00000
November 27, 2007
Atari, Inc.
000 Xxxxx Xxxxxx
Xxx Xxxx, XX 00000
000 Xxxxx Xxxxxx
Xxx Xxxx, XX 00000
Re: | Partial Surrender Agreement dated August 14, 2007 (the
“Surrender Agreement”) between W2007 417 Fifth Realty, LLC (the “Landlord”) and Atari. Inc. (the “Tenant”). |
To Whom It May Concern:
This letter shall serve as an agreement between Landlord and Tenant and shall constitute an
amendment to the Surrender Agreement and to the Lease (as defined in and as modified by the
Surrender Agreement). Pursuant to the terms of the Surrender Agreement, Tenant agreed to vacate the
entire eighth (8th) floor (the “Office Surrender Premises”) of the building located at
000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx by December 31, 2007. Landlord and Tenant both agree and
acknowledge that if Tenant vacates the Office Surrender Premises prior to December 31, 2007 (such
date upon which Tenant sooner surrenders the Office Surrender Premises being, the “Early Office
Surrender Date”) then the Fixed Annual Rent (as defined in the Lease) and additional rent with
respect to the Office Surrender Premises shall only be payable to the extent applicable to the
period up to and including the Early Office Surrender Date, and such Fixed Annual Rent and
additional rent shall be appropriately prorated for the number of days that the Tenant has actually
been in the Office Surrender Premises for such partial month of December, and for all purposes
under the Surrender Agreement, the term “Surrender Date” as used and defined in the Surrender
Agreement as to the Office Surrender Premises only, shall mean such Early Office Surrender Date.
IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this agreement as of the day and
year first written.
W2007 417 FIFTH REALTY, LLC: | ATARI, INC.: | |||||||
By:
|
/s/ Illegible | By: | /s/ Xxxxxx Xxxxxxx | |||||
Xxxxxx Xxxxxxx, Chief Trusing Officer | ||||||||