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Exhibit 10.29
FIFTH AMENDMENT TO LEASE
This Fifth Amendment to Lease (this "Fifth Amendment") is entered into
as of the 13th day of February, 1996 by and between 000 Xxxxxxx Xxxxxx
Company, a limited partnership ("Landlord") and Instant Video Technologies,
Inc., a Delaware corporation ("Tenant"), based upon the following facts,
understandings and agreements:
A. Landlord and Tenant entered into a written lease (the "Lease")
dated February 15, 1993, whereby Landlord leased to Tenant and Tenant hired
from Landlord, certain premises on the fifth floor designated as suite 503
containing an aggregate of approximately 2,328 rentable square feet, of that
certain eight-story building known as 000 Xxxxxxx Xxxxxx, Xxx Xxxxxxxxx,
Xxxxxxxxxx (the "Leased Premises"). Landlord and Tenant entered into a First
Amendment to Lease (the "First Amendment") dated February 9, 1994, whereby
Tenant extended the Lease by an additional six (6) months terminating August
15, 1994, a Second Amendment to Lease (the "Second Amendment") dated June 9,
1994, whereby Tenant extended the Lease by an additional (6) months terminating
February 15, 1995, a Third Amendment to Lease (the "Third Amendment") dated
January 13, 1995, whereby Tenant extended the Lease by an additional six (6)
months terminating August 15, 1995, and a Fourth
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Amendment to Lease (the "Fourth Amendment") dated June 12, 1995, whereby Tenant
extended the Lease by an additional six (6) months terminating February 15,
1996.
B. Landlord and Tenant now desire to further amend the Lease as
hereinafter provided.
NOW, THEREFORE, in consideration of the mutual promises contained
herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant agree as
follows:
1. Definitions. All defined terms not otherwise defined herein
shall have the same meaning as in the Lease.
2. Amendment of Section 2. The first sentence of Section 2
is hereby deleted and replaced with the following sentence:
Term. The term of this lease shall be extended for an
additional six (6) months commencing February 16, 1996, and terminating August
15, 1996.
3. Conflict. In the event of any conflict between the
provisions of the Lease, the First Amendment to Lease, the Second Amendment to
Lease, the Third Amendment to Lease, the Fourth Amendment to Lease, or this
Fifth Amendment to Lease, the provisions of the Fifth Amendment to Lease shall
govern.
4. Ratification. The Lease as modified by this Fifth Amendment
to Lease is ratified in all respects.
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IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to
Lease as of the date first hereinabove written.
LANDLORD: 000 XXXXXXX XXXXXX COMPANY,
a limited partnership
By: L&B INSTITUTIONAL PROPERTY
MANAGERS OF CALIFORNIA, INC.,
its managing agent
By: /s/ XXXX X. XXXXXXX
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Xxxx X. Xxxxxxx
Authorized Signatory
TENANT: INSTANT VIDEO TECHNOLOGIES, INC.,
a Delaware corporation
By: /s/ XXXX X. XXXXXXXX
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Name: Xxxx X. Xxxxxxxx
Its: President / CEO
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