Infogrames Entertainment SA 1 Place Verrazzano 69252 Lyon Cedex 09 FranceAtari Inc • February 13th, 2008 • Services-prepackaged software
Reference is made to the License Agreement, dated as of December 6, 2000, by and between Hasbro, Inc., a Rhode Island corporation (“Licensor”) and Infogrames Entertainment SA, a société anonyme organized under the Laws of France (“IESA”) (as such agreement was amended from time to time prior to June 3, 2005, the “Original License Agreement”), and to the Amended and Restated License Agreement between such parties, dated as of June 3, 2005 (the “Amended and Restated License Agreement”). Reference is also made to the Distribution Agreement (as amended and supplemented and in full force as of the date hereof, the “Distribution Agreement”) by and between Infogrames Europe SA (f/k/a Infogrames Multimedia SA), IESA and Atari, Inc, (f/k/a Infogrames. Inc.), a Delaware corporation (“Atari”) dated as of October 2, 2000. Capitalized terms used but not defined herein shall have the meanings ascribed to them under the Amended and Restated License Agreement.
PARTIAL SURRENDER OF LEASE AGREEMENT AND MODIFICATION AGREEMENTPartial Surrender of Lease Agreement and Modification Agreement agreement • February 13th, 2008 • Atari Inc • Services-prepackaged software
AGREEMENT (this “Agreement) made as of the 14th day of August, 2007 by and between W2007 417 Fifth Realty, LLC (hereinafter referred to as “Owner”), having an address at 530 Fifth Avenue, Suite 1800, New York, New York 10036, and Atari, Inc. (hereinafter referred to as “Tenant”), having an address at 417 Fifth Avenue, New York, New York 10016.
W2007 417 FIFTH REALTY, LLCSurrender Agreement • February 13th, 2008 • Atari Inc • Services-prepackaged software
This letter shall serve as an agreement between Landlord and Tenant and shall constitute an amendment to the Surrender Agreement and to the Lease (as defined in and as modified by the Surrender Agreement). Pursuant to the terms of the Surrender Agreement, Tenant agreed to vacate the entire eighth (8th) floor (the “Office Surrender Premises”) of the building located at 417 Fifth Avenue, New York, New York by December 31, 2007. Landlord and Tenant both agree and acknowledge that if Tenant vacates the Office Surrender Premises prior to December 31, 2007 (such date upon which Tenant sooner surrenders the Office Surrender Premises being, the “Early Office Surrender Date”) then the Fixed Annual Rent (as defined in the Lease) and additional rent with respect to the Office Surrender Premises shall only be payable to the extent applicable to the period up to and including the Early Office Surrender Date, and such Fixed Annual Rent and additional rent shall be appropriately prorated for the numb
