FIFTH AMENDMENT TO LEASE
THIS AMENDMENT made this 26th day of October, 1999, by and among
1430 L.L.C., (The Landlord), and Mindspring Enterprises, Inc., a Delaware
Corporation (The Tenant).
WHEREAS, by Agreement of Lease ("The Lease") dated August 11, 1995,
amended February 6, 1996 ("The First Amendment"), amended September 25, 1996
("The Second Amendment"), amended February 10, 1997 ("The Third Amendment"),
amended June 24th, 1998 ("The Fourth Amendment"), Landlord leased to Tenant
that certain Premises known as Suite 400 located in the building ("The
Building"), now situated on the property at 0000 Xxxx Xxxxxxxxx Xxxxxx,
Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxxx.
NOW, THEREFORE, in consideration of the Premises and the additional
terms and conditions set forth below, Landlord and Tenant hereby agree to
amend said Lease as follows:
1. FIFTH EXPANSION PREMISES. Landlord does hereby rent and lease to Tenant
and Tenant does hereby rent and lease from Landlord for general office use
reasonable and customary in Atlanta, Georgia, the space described below
together with the non-exclusive right to use the common areas (as the same
may from time to time be changed by Landlord) in common with all other
Tenants of the Building and their licensees and invitees and in common with
any other parties permitted by Landlord to use such areas, 8,491 rentable
square feet of space located on the sixth floor of that certain building
consisting of approximately 68,987 rentable square feet and commonly known as
0000 Xxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxx, said space to be located as shown on
the floorplans attached hereto as Exhibit "A-5" and made a part hereof by
reference.
2. TERM. The Term for the fifth expansion Premises shall commence on January
1, 2000 and shall terminate at noon on July 14, 2002. Tenant shall have
possession of all space except Suites 615 and 618 upon execution of the Fifth
Amendment. Possession of Suites 615 and 618 shall be available when space
becomes vacant but in no event later than November 30, 1999.
3. Paragraph six of the Fourth Amendment dated June 24, 1998 is hereby
deleted in its entirety.
4. In the event Tenant completes a merger with EarthLink Network, Inc.,
Landlord conceptually approves the merger contingent upon Tenant completing
any Terms or conditions of the Lease or any existing Amendments that apply to
assignment.
EXCEPT as herein specifically provided all terms and conditions of
the original Lease dated August 11, 1995 amended February 6, 1996, amended
September 25, 1996, amended February 10, 1997, amended June 24, 1998, shall
remain the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal
the day and year first above written.
Signed, Sealed and Delivered in the Presence of
LANDLORD: 1430 L.L.C.
------------------------------------ By:---------------------------------
Witness
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Notary Public
ENTERPRISES, INC. TENANT: MINDSPRING
------------------------------------ By:---------------------------------
Witness
-------------------------------------
Notary Public
