1
Exhibit 10.33
AMENDMENT
TO
EXCITE@HOME
XXXXXXX.XXX LETTER OF INTENT
This Amendment to Excite@Home/Xxxxxxx.xxx Letter of Intent (this
"Amendment") is made and entered into as of this 20th day of September 1999 by
and between Xxxxxxx.xxx, Inc., a Delaware corporation ("Xxxxxxx.xxx"), and
Excite, Inc., a Delaware corporation ("Excite@Home").
R E C I T A L S
WHEREAS, the undersigned are parties to that certain Letter of
Intent dated as of August 4, 1999 (the "Letter of Intent");
WHEREAS, the parties hereto wish to amend the Letter of Intent to
add a provision regarding the term of the Letter of Intent.
NOW, THEREFORE, for good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the undersigned hereby agree as
follows:
1. Definitive Agreement. The parties hereby agree that
Recital A of the Letter of Intent shall be amended as
follows:
September 1, 1999 is deleted and replaced by October
29,1999.
2. Term of Letter of Intent. The parties hereby agree that
Section 9 of the Letter of Intent shall be amended in its entirety to read in
full as follows:
"9. TERM
Each of the parties hereto acknowledges and agrees that
this Letter of Intent shall constitute a valid and binding agreement
between Excite@Home and Xxxxxxx.xxx until such parties execute a
Definitive Agreement with respect to the subject matter hereof,
regardless of whether such Definitive Agreement is executed prior to or
after October 29, 1999. The term of the Definitive Agreement, or, if
such Definitive Agreement has not yet been executed, this Letter of
Intent, shall be for three years. The parties agree to meet and
negotiate in good faith the terms and conditions of a renewal to the
Definitive Agreement or this Letter of Intent, as the case may be, no
later than 90 days prior to the expiration of the Definitive Agreement
or Letter of Intent."
3. Successors and Assigns. This Amendment shall remain in full
force and effect and shall be binding upon the undersigned, and the respective
successors, permitted assigns, heirs and legal representatives of the
undersigned. Except as modified herein, the Letter of Intent shall remain in
full force and effect without change.
2
4. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, and all of which taken
together shall constitute one and the same instrument.
5. Governing Law. THIS AMENDMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD
TO THE PRINCIPLES OF CONFLICTS OF LAW OF ANY JURISDICTION.
[remainder of page intentionally left blank]
-2-
3
IN WITNESS WHEREOF, the undersigned have executed this Amendment
effective as of the date first hereinabove written.
XXXXXXX.XXX, INC.
By: /S/ Xxxx X. Xxxxxxxxx
--------------------------------------------
Name: Xxxx X. Xxxxxxxxx
Title: Chief Financial Officer
EXCITE, INC.
By: /S/ Xxxxx Xxxx
--------------------------------------------
Name: Xxxxx Xxxx
Title: Vice President and General Counsel