Exhibit 10.44
AMENDMENT TO OFFICE BUILDING LEASE AGREEMENT
THIS AMENDMENT to Office Building Lease Agreement is made between
Pennsylvania Dental Service Corporation, a Pennsylvania Corporation d/b/a Delta
Dental of Pennsylvania ("Landlord") and Mindspring Enterprises, Inc., a Delaware
Corporation ("Tenant").
WITNESSETH:
WHEREAS Landlord and Tenant have previously entered into the Office
Building Lease Agreement (the "Lease") dated December 15, 1997; and
WHEREAS Landlord and Tenant desire to enter into this Amendment to the
Lease Agreement upon the terms and conditions herein set forth:
NOW THEREFORE, Landlord and Tenant in consideration of the above
Premises, the mutual covenants and conditions contained herein, and for other
good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties intending to be legally bound, do hereby agree as
follows.
1. Paragraph 3 of the Lease is hereby modified to extend the Term through
April 30, 2000. The other terms and conditions of the Least shall remain in
full force and effect. The rent during such term shall be based upon an
annual rental of $313,800 per year adjusted and payable on a monthly pro
rats basis.
2. Tenant agrees that it shall make the following repairs to the Premises at
its expense and shall undertake the following actions:
(a) Institute a policy and take appropriate action to eliminate the
cigarette butts discarded on the landscaping and parking areas
of the Premises.
(b) Service and/or replace if necessary the portable fire extinguishers
located at the Premises.
(c) Clean and maintain the carpet and repair gouges and holes in the
walls.
(d) Repair the fabric that is torn on the modular furniture located in
the Premises belonging to Landlord, as described in paragraph 44
of the Lease.
3. Tenant agrees to maintain the floors in the restrooms and stairwells within
the Premises and shall strip and wax these floors regularly. In addition,
Tenant shall replace any missing or damaged ceiling tiles that Tenant has
removed from the ceiling in the Premises, or damaged.
4. Tenant hereby acknowledges its obligations pursuant to paragraph 44 of the
Lease concerning reimbursement of Landlord for any damage or destruction of
the personal property described therein, except for customary wear and
tear.
5. Tenant shall promptly reimburse Landlord, no later than thirty (30) days
from Landlord's written request, for any costs Landlord may incur by reason
of Tenant's failure to make any of the aforementioned repairs.
IN WITNESS WHEREOF, the parties have set forth their hands and seals
this 20th of December, 1999.
ATTEST: LANDLORD:
Pennsylvania Dental Service Corporation
D/B/A Delta Dental of Pennsylvania
/s/ Xxxxxx X. Xxxx By: /s/ [signature illegible]
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Name: Xxxxxx X. Xxxx Name:
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Title: Mgr., Corporate Services Title: President
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ATTEST: TENANT:
Mindspring Enterprises, Inc.
/s/ Xxxxxxxx Xxxxxxx By: /s/ M. T. Xxxxx
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Name: Xxxxxxxx Xxxxxxx Name: M. T. Xxxxx
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Title: Director, Corporate Real Estate Title: Ex. Director, Corporate Services
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