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EXHIBIT 10.28
COMMERCIAL LEASE EXTENSION AGREEMENT
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THIS COMMERCIAL LEASE EXTENSION AGREEMENT (the "Agreement") is entered
into as of the 31st day of December, 1997, by and between XXXXXXX X. XXXXXXXXX
("Lessor"), and DIGITAL TELEPORT, INC., a corporation organized under the laws
of the State of Missouri ("Tenant").
WITNESSETH
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WHEREAS, Lessor and Tenant entered into a commercial lease dated
December 31, 1996, (the "Lease"), respecting certain premises consisting of
approximately 10,000 square feet of the approximately 14,400 square foot
building located at 00000 Xxxxxxx Xxxx, Xx. Xxxxx, Xxxxxxxx 00000; and
WHEREAS, Lessor and Tenant desire to extend the term of the Lease for
an additional period of one (1) year;
NOW, THEREFORE, in consideration of the premises and the mutual
agreements set forth herein, and other considerations, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Lease Term Extension. The term of the Lease, which is scheduled to
expire on December 31, 1997, is hereby extended for a period of one (1)
year, which term shall end on December 31, 1998, both inclusive. The
word "term" where used in the Lease shall mean the duration of the
Lease, as extended by this Agreement.
2. Ratification. Except as expressly amended by this Agreement, all other
terms and conditions of the Lease shall remain unaltered and in full
force and effect and Lessor and Tenant each hereby ratify and confirm
the same as of the date hereof.
3. Successors Bound. This Agreement shall be binding on and shall inure to
the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
4. Section Headings. The section headings appearing in this Agreement are
inserted only as a matter of convenience and for reference purposes
only. The section headings in no way define, limit or describe the
scope and intent of this Agreement or any section hereof, nor in any
way affect it.
5. Governing Law. This Agreement shall be governed by and construed and
interpreted in accordance with the laws of the State of Missouri
applicable to contracts made and to be performed wholly within such
State, without regard to choice or conflict of law provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
LESSOR TENANT
DIGITAL TELEPORT, INC.
/s/ Xxxxxxx X. Xxxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx X. Xxxxxxxxx Xxxxxxx X. Xxxxxxxxx, President
