AMENDMENT OF LEASE

Exhibit 10.13

AMENDMENT OF LEASE

This Amendment of Lease (“Agreement”), dated as of the 1^st day of July, 2007, between 60 XXXXXX OWNER LLC (successor to Xxxxxx Telegraph Associates, L.P., formerly known as Xxxxxx Telegraph Associates), a Delaware limited liability company, having an address x/x Xxxxxxxx Xxxx Xxxxxx Xx. Xxx., 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000 (“Owner” or “Landlord”) and COLO PROPERTIES, INC., a Delaware corporation, having an address at 00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (“Tenant”).

W I T N E S S E T H:

WHEREAS:

A. Landlord and Tenant are the present parties to an agreement of lease, dated as of July 6, 1999, as amended to date (“Existing 9^th Floor Lease”), pursuant to which Tenant now leases portions of the 9^th floor (“9^th Floor Premises”) and the 11^th floor, the ground floor and basement (collectively, “11^th Floor Premises”), in Landlord’s building at 00 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (“Building”). The present Expiration Date of the Existing 9^th Floor Lease is October 31,2017.

B. Tenant presently has installed water cooled supplementary air conditioning equipment in the 9^th Floor Premises (“Existing Supplementary System”) which utilizes condenser water from the Building’s condenser water system (“Condenser Water System”) to furnish two hundred ten (210) tons of air conditioning capacity.

C. Landlord and Tenant wish to further amend the Existing 9 ^th Floor Lease to provide for additional condenser water capacity for the Existing Supplementary System and the reallocation of condenser water availability from the 11^th Floor Premises and the Additioonal 11^th Floor Premises (as hereinafter defined) to the 9^th Floor Premises.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter contained, Landlord and Tenant agree that the Existing 9^th Floor Lease is further hereby amended as follows:

1. All terms contained in this Agreement shall, for the purposes hereof, have the same meanings ascribed to them in the Existing 9^th Floor Lease unless otherwise defined herein. As used herein, the term “Lease” shall mean the Existing 9^th Floor Lease, as further amended by this Agreement and as the same may be hereafter amended.

2. The Existing 9^th Floor Lease hereby is amended by amending and restating Article 73 to read, in its entirety, as follows:

“73. Condenser Water

(A) Landlord approves, in principle, subject to Tenant’s compliance with all applicable provisions of the Lease, Tenant’s installation of a water-cooled supplemental air conditioning system and additional supplemental air conditioning units, from time to time, reasonably acceptable to Landlord (collectively, the “Supplemental System”) and located solely in the 9^th Floor Premises with a combined air conditioning capacity of not more than

two hundred seventy (270) tons. Tenant will retain a contractor reasonably approved by Landlord (“Contractor”) to construct the Supplemental System and to connect it to the Building’s condenser water riser (in one or more stages) in accordance with plans approved by Landlord and will pay the Contractor directly for the cost thereof. There shall be no tap-in charge, but Tenant shall pay to Landlord, upon execution of the contract(s) with the Contractor, an administrative and supervisory fee equal to five (5%) percent of the amount payable to the Contractor for its work in connection with the Supplemental System. Subject to all applicable provisions of the Lease (including specifically, but without limitation, Article 27), Landlord agrees to reserve for Tenant’s use the condenser water necessary to operate the Supplemental System.

(B) Beginning on October 1, 2000, Tenant shall pay Landlord a charge in the initial amount of $1,000.00 per ton per annum (“Condenser Water Charge”) for the first twenty (20) tons of condenser water capacity reserved for Tenant’s use pursuant to Section (A) hereinabove. On January 1, 2001, and on each January 1 thereafter throughout the Term of the applicable Lease, the Condenser Water Charge will increase by two and one-half (2 ¹/2%) percent of the Condenser Water Charge in effect on the immediately preceding day. Beginning on October 1, 2002, Tenant shall commence payment for the next sixty (60) tons of condenser water capacity so reserved. Beginning on August 1, 2003, Tenant shall commence payment for the next thirty (30) tons of condenser water capacity so reserved. Beginning on November 1, 2005, Tenant shall commence payment for the next thirty (30) tons of condenser water capacity so reserved. Beginning on July 1, 2006, Tenant shall commence payment for the next seventy (70) tons of condenser water capacity so reserved. Beginning on July 1, 2007, Tenant shall commence payment of the final sixty (60) tons of condenser water capacity so reserved. The Condenser Water Charge shall be paid in twelve (12) equal monthly installments, on the first day of each month during the Term of the Existing 9^th Floor Lease, as additional rent. Thus, as of the date hereof, the aggregate condenser water capacity for the 9^th Floor Premises is two hundred seventy (270) tons and the aggregate Condenser Water Charge is $320,944.20 per annum.

(C) Tenant shall, at its expense, make all necessary repairs and perform all necessary maintenance work to maintain the Supplemental System in working order and condition.”

3. The provisions of the amendment dated May 15, 2006 (“May Amendment”) which constitutes a part of the Existing 9^th Floor Lease provide for the availability of condenser water for supplementary air conditioning equipment which might be installed in the 11^th Floor Premises and an additional block of space on the 11^th floor of the Building (“Additional 11^th Floor Premises”). Tenant acknowledges that the Condenser Water System only has the capacity to furnish condenser water for the final sixty (60) tons of air conditioning capacity for the 9^th Floor Premises if Landlord is relieved of the obligation to furnish condenser water for both the 11^th Floor Premises and the Additional 11^th Floor Premises. Accordingly, Paragraph 8 of the May Amendment hereby is deleted and of no force and effect and Landlord shall not be required to furnish any condenser water for use in either or both of the 11^th Floor Premises and/or the Additional 11^th Floor Premises.

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4. The covenants, agreements, terms and conditions contained in this Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, and, except as otherwise provided in the applicable Lease, their respective assigns.

5. Except as amended by this Agreement, the Existing 9^th Floor Lease and all covenants, agreements, terms and conditions thereof shall remain in full force and effect and the Existing 9^th Floor Lease, as so amended, is hereby in all respects ratified and confirmed.

6. Tenant covenants, represents and warrants that Tenant has had no dealings or communications with any broker or agent in connection with the consummation of this Agreement other than Xxxxxxxx Real Estate Co. Inc. (“Broker”) and Tenant covenants and agrees to indemnify Landlord from and against all costs, expenses (including reasonable attorneys’ fees and disbursements) and liability for any commission or other compensation claimed by any broker or agent (other than the Broker) with respect to this Agreement.

7. This Agreement may not be changed orally, but only by a writing signed by the party against whom enforcement thereof is sought.

8. The submission of this Agreement to Tenant shall not constitute an offer by Landlord to execute and exchange this Agreement with Tenant and is made subject to Landlord’s acceptance, execution and delivery thereof.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

60 XXXXXX OWNER LLC
By:		XXXXXX TELEGRAPH ASSOCIATES, L.P., its managing member
		By:		Sixty Hudson Management LLC, general partner
				By:		/s/ Xxxxxxx Xxxxxx
				Name:
				Manager
COLO PROPERTIES, INC.
By:		/s/ J. Xxxx Xxxxxxx
Name:		J. Xxxx Xxxxxxx
Title:		President

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