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AMENDMENT TO SUBLEASE
THIS AMENDMENT TO SUBLEASE (the "Amendment") is dated January _____,
1998 and is made and entered into by and between KLA-TENCOR CORPORATION, a
Delaware corporation ("Sublessor") and PATHNET, INC., a Delaware corporation
(Sublessee").
WHEREAS, Sublessor and Sublessee entered into a Sublease Agreement,
dated October 16, 1997 (the "Sublease");
WHEREAS, each of Sublessor and Sublessee desire to amend certain leases
of the Sublease as more particularly set forth herein;
NOW THEREFORE, for the mutual consideration hereinafter set forth, the
parties hereto agree as follows:
1. The Sublessor and the Sublessee hereby agree that, effective as of
the date hereof, the Sublease is hereby amended as follows:
(a) Section 6.1 is hereby amended to read in its entirety as follows:
"6.1 Security Deposit. By January 22, 1998, Sublessee shall
provide to Sublessor, as a security deposit (the "Security
Deposit") a total of $15,000 in cash. Unless otherwise required
by applicable law the Security Deposit shall not bear interest
not shall Sublessor be required to keep such sum separate from
its general funds. The Security Deposit shall be held by
Sublessor for the balance of the Sublease Term, and applied or
returned to Sublessor in Accordance with Article 6.2."
(b) Section 6.1.1, Section 6.1.2, Section 6.1.3 and Section 6.1.4 are
hereby deleted in their entirety.
(c) Section 6.2 is hereby amended to read in its entirety as follows:
"6.2 Uses of Security Deposit. The Security Deposit shall be
held by Sublessor as security for Sublessee's faithful
performance under this Sublease. If Sublessee fails to pay any
Rent as and when due under this Sublease or otherwise fails to
perform its obligations hereunder, than Sublessor may, at its
option and without prejudice to any other remedy which Sublessor
may have, apply, use or retain all or any portion of the
Security Deposit toward the payment of delinquent Rent or for
any less or damage sustained by. Sublessor due to such failure
by Sublessee. Sublessee shall, upon demand, restore the Security
Deposit to the original sum deposited. To the extent not
otherwise applied by Sublessor, the
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Security Deposit shall be returned to Sublessee within thirty
(30) days after the Termination Date. In the event of bankruptcy
or other debtor-creditor proceedings filed by or against
Sublessee, such Security Deposit shall be deemed to be applied
first to the payment of Rent due Sublessor for the period
immediately prior to the filing of such proceedings."
2. The undersigned parties hereby acknowledge that the Sublease, as
amended hereby, remains in full force and effect and is hereby ratified and
confirmed.
IN WITNESS WHEREOF, the undersigned parties have duly executed and
delivered this Amendment as of the date first above written.
Sublessor: KLA-TENCOR CORPORATION
By: /s/ XXXX X. XXXXX
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Name: Xxxx X. Xxxxx
Title: Vice President General Counsel
Sublessee: PATHNET, INC.
By: /s/ XXXXXXX X. XXXXX
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Name: Xxxxxxx X. Xxxxx
Title: Vice President and general counsel
