EXHIBIT 10.63
Second Amendment
to Agreement dated November 1, 1997,
between Namco Cybertainment, Inc. and
Skyline Multimedia Entertainment, Inc.,
d/b/a XS New York,
dated December 12, 1999.
SECONDARY AMENDMENT TO REVENUE SHARING AGREEMENT
THIS AGREEMENT made and entered into as the 13th day of December, 1999, by
and between NAMCO CYBERTAINMENT, INC., a Delaware corporation ("NCI") and
SKYLINE MULTIMEDIA ENTERTAINMENT, INC., d/b/a XS NEW YORK, a Delaware
corporation ("Skyline").
WHEREAS by Agreement dated November 1, 1997 entered into between NCI And
skyline as amended by amendment dated December 23, 1998, (the "Agreement")
skyline granted NCI the exclusive right to operate Equipment, as defined in the
Agreement at the Skyline premises located between 41st and 42nd Streets and
Broadway and 7th Avenue, New York, New York (the "premises"); and
WHEREAS, NCI and Skyline now desire to amend and modify the Agreement.
NOW THEREFORE, in consideration of mutual promises and covenants of the
parties hereto, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Agreement is hereby modified
and amended and the parties mutually agree as follow:
1. (a) Effective January 3, 2000 through May 31, 2000 the Fees payable
by Skyline to NCI pursuant to section 3 of the Agreement will
be twenty-one (21%) of the weekly net revenues.
(b) Effective June 1, 2000 through the term of the Agreement, the
Fees payable by Skyline to NCI pursuant to section 3 of the
Agreement will be twenty-two (22%) of the weekly net
revenues.
2. Effective January 3, 2000, Section 4 (a) and (b) of the Agreement are
Amended by deleting "14%" and inserting "21%" through May 31, 2000 And
22% thereafter.
Except as herinabove amended, all terms and conditions of the Agreement shall
remain unchanged and in full force and effect
IN WITNESS WHEREOF, the parties have executed this Agreement to revenue
Sharing Agreement as of the day and date first above written.
Namco: Skyline:
NAMCO CYBERTAINMENT INC. SKYLINE MULTIMEDIA
ENTERTAINMENT, INC.
Signature: /s/ Xxxx Xxxxxxxxxxx Signature: /s/ Xxxxxx Xxxxxxx
Name: Xxxx Xxxxxxxxxxx Name: Xxxxxx Xxxxxxx
Title: Executive Vice President Title: President
Dated: 12-13-99 Dated: 12-13-99
SKYLINE VIRTUAL REALTY, INC.
Signature: /s/ Xxxxxx Xxxxxxx
Name: Xxxxxx Xxxxxxx
Title: President
Dated: 12-13-00
