Exhibit 10.10
AMENDMENT NO. 1
TO
INDENTURE OF LEASE
THIS AMENDMENT NO. 1 TO INDENTURE OF LEASE, entered into effective July
1, 1997, between XXXXXXX BROADCASTING, INC., a Minnesota corporation, 0000
Xxxxxxxxxx Xxxxxx, Xx. Xxxx, Xxxxxxxxx 00000 ("Lessor"), and UNITED STATES
SATELLITE BROADCASTING COMPANY, INC., a Minnesota corporation, 0000
Xxxxxxxxxx Xxxxxx, Xx. Xxxx, Xxxxxxxxx 00000 ("Tenant"), amends that certain
Indenture of Lease between Lessor and Tenant dated May 1994 (the "Lease").
For good and valuable consideration, the Lease is hereby amended as
follows:
1. PREMISES. The description of the premises on page 1, paragraph 3 is
amended by deleting the typewritten language commencing with the word "All"
through the word "Premises," and inserting in lieu thereof the following:
PREMISES
"Those parts of the Xxxxxxx Building and the Link Building
located at 0000 Xxxxxxxxxx Xxxxxx, Xx. Xxxx, Xxxxxxxxx, more
particularly described under the heading "Leased Premises" in
EXHIBIT A attached hereto and made a part hereof (the "Leased
Premises").
2. OPTION. Lessor grants Tenant an option to lease the following
premises:
OPTION PREMISES
"That part of the Conus Building located at 0000 Xxxxxxxxxx Xxxxxx, Xx.
Xxxx, Xxxxxxxxx, or a discrete part thereof, more particularly described
under the heading "Option Premises" in EXHIBIT A attached hereto and
made a part hereof (the "Option Premises").
3. EXHIBITS. EXHIBIT A and EXHIBIT B (marked "Rev. 7/97") as attached
to this Amendment No. 1 are hereby inserted in lieu of the Exhibit A and
Exhibit B which are attached to the Lease.
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4. EXERCISE OF OPTION. Tenant may exercise its option to lease the
Option Premises by giving notice to Lessor, (which shall specify whether
Tenant intends to lease all or a discrete portion of the Option Premises) and
the date Tenant desires to take possession. Lessor shall make the Option
Premises available to Tenant promptly after receipt of notice, but shall not
be obligated to make the Option Premises available to Tenant less than thirty
(30) days after the date of notice. Rent shall be prorated for any month of
partial occupancy of the Option Premises.
5. TERM. The term of the Lease for the Premises, and any part of the
Option Premises leased by Tenant, set forth on page 1, paragraph 4,
commencing in line 4, is amended by deleting the typewritten language
commencing with the numerals "1994" through the numerals "1997," and
inserting in lieu thereof:
"Three (3) years commencing July 1, 1997, and terminating June
30, 2000"
6. RENT.
(a) The rent as set forth on Schedule 1 to the Lease is amended by
deleting the language in the four (4) columns and inserting the following in
lieu thereof:
MONTHLY MONTHLY
INSTALLMENT INSTALLMENT
RENT PER OF RENT ON ANNUAL RENT OF RENT ON ANNUAL RENT
SQUARE LEASED ON LEASED OPTION ON OPTION
PERIOD FOOT PREMISES PREMISES PREMISES PREMISES
--------------------------------------------------------------------------------
7/1/97 - $12.50 $15,669.79 $188,037.50 $2,121.88 $25,462.50
6/30/98
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7/1/98 - $14.40 $18,051.60 $216,619.00 $2,444.40 $29,332.80
6/30/99
--------------------------------------------------------------------------------
7/1/99 - $15.50 $19,430.54 $233,166.00 $2,631.13 $31,573.50
6/30/00
--------------------------------------------------------------------------------
(b) RENT PRORATED. If Tenant takes less than the whole of the Option
Premises, the rental for such space shall be prorated based on the number of
square feet in the portion of the Option Premises occupied by Tenant.
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7. OPTION TO TERMINATE LEASE. Either party may terminate this Lease
upon twelve (12) months advance written notice, such termination to be
effective at the expiration of such twelve (12) month period.
8. OTHER TERMS UNCHANGED. Except as provided above, all other terms and
conditions of the Lease remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 as of
the date first above written.
XXXXXXX BROADCASTING, INC.
By: /s/ Xxxxxx X. Xxxxxxx
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Its: Vice President
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UNITED STATES SATELLITE
BROADCASTING COMPANY, INC.
By: /s/ Xxxxxxx X. Xxxxx
-----------------------------------------------
Its: Vice President
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ACKNOWLEDGMENT BY LESSOR
State of Minnesota ) ss.
County of Xxxxxx )
The foregoing instrument was acknowledged before me this 24th day of
September, 1997, by Xxxxxx X. Xxxxxxx, the Vice President of XXXXXXX
BROADCASTING, INC., a Minnesota corporation, on behalf of the corporation.
/s/ Xxxxxxx X. Xxxxxxx
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Notary Public
ACKNOWLEDGMENT BY TENANT
State of Minnesota ) ss.
County of Xxxxxx )
The foregoing instrument was acknowledged before me this 24th day of
September, 1997, by Xxxxxxx X. Xxxxx, the Vice President of UNITED STATES
SATELLITE BROADCASTING COMPANY, INC., a Minnesota corporation, on behalf of
the corporation.
/s/ Xxxxxxx X. Xxxxxxx
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Notary Public
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