LICENSE AND SERVICE PROVISIONS ADDENDUM
Exhibit 10.5.1
PORTIONS DENOTED WITH [***] HAVE BEEN
OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT.
OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT.
LICENSE AND SERVICE PROVISIONS ADDENDUM
This document is being executed pursuant to that certain Meet Me Room License Agreement
(“Agreement”) dated July 1st, 2004 by and between CARLYLE MARKET POST TOWER, LLC, a Delaware
limited liability company (“Licensor”), CARLYLE MARKET POST TOWER MMR, L.P., a Delaware limited
liability company (“Company”) and LIVEWORLD, INC., a California Corporation, having its corporate
office at 000 Xxxxxxx Xxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 (“Licensee”).
By signing this document on behalf of the Customer, the signing party represents and warrants
that he or she has the unconditional authority to execute this document on behalf of the Customer
and that, upon such execution, this document is binding upon the Customer. This document is
governed by the terms and conditions set forth in the Master Agreement. Any undefined terms herein
shall have the same meaning as those set forth in the Master Agreement.
TERMS OF LICENSE AGREEMENT | DESCRIPTION | |
1. Date: |
July 1st, 2004 | |
2. Building: |
00 Xxxxx Xxxxxx Xxxxxx, Xxx Xxxx, Xxxxxxxxxx 00000 | |
3. Term: |
||
3.1 Length of Term: |
Two (2) years + 1 month = 25 months | |
3.2 Commencement Date: |
7/19/04 | |
3.3 Expiration Date: |
7/18/05 | |
4. Telecommunication Installations |
||
4.1 Cage: |
A 220 square foot cage (the "Space") located in Suite 1480 and known as number YE28, as further set forth in | |
Exhibit A to this Addendum. | ||
4.2 AC Electrical Power: |
Thirteen (13) 110 volt 20-amp AC circuits plus thirteen (13) redundant 110 volt 20-amp circuits for a total of | |
26 included in base rent. Additional power at $[***] per Amp, ("collectively, Electrical Power.") | ||
4.3 Conduits: |
N/A | |
4.4 Innerducts: |
N/A | |
5. Customer Fees |
Monthly License Fees | ||||||
Non-Recurring Fees | Monthly during Term | Monthly License Fee | ||||
(a) Cage: |
none | 1st month | [***] | |||
2-25 | $[***] | |||||
(b) AC Electrical Power: |
none | Included above | ||||
(c) Cross connects: |
Copper - $[***] | Cross connects | [***] | |||
CAT5 - $[***] | ||||||
Fiber / Coax - $[***] |
PORTIONS DENOTED WITH [***] HAVE BEEN
OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT.
OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT.
6. Security Deposit: |
[***] | |
7. Payments Due to Licensor Upon Execution |
First Month's Rent ($[***]) | |
TOTAL DUE TO LICENSOR ON EXECUTION: $[***] | ||
TERMS OF LICENSE AGREEMENT |
||
8. Services |
Scope of | Non-Recurring | Monthly | Term of | |||||||||||||
Services | Charge | Recurring Charge | Service | |||||||||||||
(a) DC Power Service |
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(b) MDF Services |
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(c) Clocking Services |
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(d) Easy MUX Services |
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(e) Media Conversion Services |
||||||||||||||||
(f) Build-Out Services |
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(g) Customer Equipment Installation |
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(h) Rack and Stack Services |
9. Payments Due to Company Upon Execution |
$ | |
MISCELLANEOUS |
||
10. Address of Customer: |
Liveworld, Inc. | |
000 Xxxxxxx Xxxxx, Xxxxx 000 | ||
Xxx Xxxxx, XX 00000 | ||
11. Address of Licensor and Company for Notices: |
CRG West | |
000 X. Xxxxx Xxxxxx, Xxxxx 0000 | ||
Xxx Xxxxxxx, Xxxxxxxxxx 00000 | ||
Attention: Xxxxxxx X. Xxxxxxx | ||
with copies to: | ||
The Carlyle Group | ||
0000 Xxxxxxxxxxxx Xxx., XX | ||
Xxxxx 000 Xxxxx | ||
Xxxxxxxxxx, X.X. 00000-0000 | ||
Attention: General Manager | ||
CB Xxxxxxx Xxxxx, Inc. | ||
00 Xxxxx Xxxxxx Xxxxxx | ||
Xxx Xxxx, Xxxxxxxxxx 00000 | ||
Attention: General Manager |
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PORTIONS DENOTED WITH [***] HAVE BEEN
OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT.
OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT.
12. Address of Licensor for Payment: |
CB Xxxxxxx Xxxxx, Inc. | |
ITF Carlyle Market Post Tower, LLC | ||
00 Xxxxx Xxxxxx Xxxxxx | ||
Xxx Xxxx, Xxxxxxxxxx 00000 | ||
13. Address of Company for Payment: |
CB Xxxxxxx Xxxxx, Inc. | |
ITF Carlyle Market Post Tower, LLC | ||
00 Xxxxx Xxxxxx Xxxxxx | ||
Xxx Xxxx, Xxxxxxxxxx 00000 |
[LIVEWORLD, INC.] | ||||||||
By: |
/s/ Xxxxxx Xxxxxx | |||||||
Name: |
Xxxxxx Xxxxxx | |||||||
Title: |
Director of Operations | |||||||
CARLYLE MARKET POST TOWER, LLC | CARLYLE MARKET POST TOWER MMR, LLC | |||||||
By:
|
/s/ Xxxxx Xxxxxxx | By: | /s/ Xxxxx Xxxxxxx | |||||
Name:
|
Xxxxx Xxxxxxx | Name: | Xxxxx Xxxxxxx | |||||
Title:
|
Authorized Officer | Title: | Authorized Officer | |||||
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