THIRTEENTH AMENDMENT TO LEASE
THIS THIRTEENTH AMENDMENT TO LEASE (the "Amendment") is made and
entered into this 18th day of October, 1999, by and between LAFP-SF, Inc.,
successor in interest to The Prudential Insurance Company of America
("Landlord"), having an office c/o Lowe Enterprises Colorado, Inc., 0000
Xxxxxxxx Xxxxxx, Xxxxx XXX, 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 Tenant entered into
that certain Lease dated as of May 2, 1995. Subsequently, The
Prudential Insurance Company of America and Tenant executed a First
Amendment to Lease dated September 29, 1995, a Second Amendment to
Lease dated January 5, 1996, and a Third Amendment to Lease dated
January 5, 1996, and thereafter, Landlord and Tenant executed a Fourth
Amendment to Lease 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, a Tenth Amendment to Lease dated December 23,
1997, an Eleventh Amendment to Lease dated March 31, 1998 and a Twelfth
Amendment to Lease dated May 12, 1999. The lease and all amendments
thereto are hereinafter referred to as the "Lease".
B. Pursuant to the Lease, Tenant occupies Suites #175A, #175B, #100, #101,
#110, #130, #200, #300, #301, #310, #315, #320, #325, #340, #350A,
#350B, #360, and #362, containing approximately 107,576 rentable square
feet (the "Current Premises"0 in the Building known as Embassy Plaza,
located at 0000 Xxxx Xxxxx Xxxx, Xxxxx, Xxxxxxxx pursuant to 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. Installation of Generator. Landlord shall allow Tenant to construct
and install a generator, diesel tank and related equipment on a pad site within
the Building Complex as more particularly described on the site plan attached
hereto and incorporated herein by this reference as Exhibit A (the "Pad Site"),
provided that all governmental authorities having jurisdiction thereover have
granted the necessary approvals and/or licenses therefor. Tenant shall construct
and install the generator and related equipment in strict accordance with the
attached plan which has been approved by Landlord. All construction work shall
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be supervised by Tenant and overseen and approved by Landlord, it being agreed
that Tenant shall bear all responsibility for the completion of the construction
and installation of the generator, and that Landlord shall in no event bear any
responsibility therefor. All costs incurred in the pursuit and obtainment of
approvals or licenses, and the costs of construction, installation, maintenance
and removal of the generator shall be at Tenant's sole expense. Tenant agrees to
indemnify and hold Landlord harmless from any damages or losses whatsoever
occasioned by Landlord as a result of such installation, maintenance or removal.
At the end of the Lease term, Tenant shall remove the generator and all related
components thereto, and shall return the Pad Site and any other portions of the
Building Complex to the condition that existed prior to the installation of the
generator.
2. Use Restrictions. Tenant shall run the generator only: i) in the
event that there is a power failure in the Building and ii) to test the system,
provided that such testing shall occur only on weekdays before 7:00 a.m. or
after 7:00 p.m. or after 1:00 p.m. on Saturdays.
3. Reaffirmation of Lease. Except as herein specifically provided, the
terms and conditions of the Lease shall continue in full force and effect. The
parties hereto hereby reaffirm and ratify all covenants, representations and
warranties in the Lease as amended by this Amendment.
4. Binding Effect. This Amendment shall be binding upon and inure to
the benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as
of the day and year first above written.
Tenant: Landlord:
Data Transmission Network LAFP-SF, Inc.
Corporation 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/ Xxx Xxx
----------------------------------
Xxx Xxx
Its: Vice President
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