Exhibit 10.23
FIRST AMENDMENT TO
UNIQUE NAME AGREEMENT
This agreement is made this 14th day of October, 1999 by and between
XXXXXX INTERACTIVE INC. ("HI"), a Delaware corporation with an address of 000
Xxxxxxxxx Xxxxx, Xxxxxxxxx, Xxx Xxxx 00000 and At Home Corporation ("ATHM"), a
Delaware corporation with an address of 0000 Xxxxxx Xxxxx Xxxx., Xxxxxxxxxxx,
Xxxxxxxx 00000.
RECITALS
WHEREAS, HI and ATHM entered into a Unique Name Agreement dated October 1,
1999 (the "Unique Name Agreement"),
NOW THEREFORE, in consideration of the mutual agreement contained herein
and other good and valuable consideration, HI and ATHM hereby agree as follows:
1. Section 8.1 of the Unique Name Agreement is hereby amended to read as
follows:
8.1 The initial term of the Agreement will begin on the
Effective Date, continue for three (3) years, and
automatically renew for succeeding one (1) year terms;
provided that after the initial three (3) year term either
party may terminate this Agreement without cause by giving the
other at least one hundred twenty (120) days prior written
notice of its intention to terminate. If termination occurs
during any annual renewal term, the Unique and Completed Names
to be provided and the Fee to be paid shall be pro rated based
upon the portion of the year during which this Agreement
remains in effect.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date
first above written.
XXXXXX INTERACTIVE INC.
By: /s/ Xxxxxx X. Black
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Title: Chief Executive Officer
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AT HOME CORPORATION
By: /s/ Xxxx Xxxxxxx
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Title: Executive Vice President
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