EXHIBIT 10.8.2
ADDENDUM NO. 2
TO STANDARD INDUSTRIAL/COMMERCIAL
MULTI-TENANT LEASE - NET
THIS ADDENDUM NO. 2 TO STANDARD INDUSTRIAL/COMMERCIAL MULTI-TENANT
LEASE - NET ("Addendum") is made of July 11, 2000 between PAS TRUST ("Lessor")
and VIANT CORPORATION, a Delaware corporation ("Lessee"), with reference to the
following facts:
A. Lessor and Lessee are parties to that certain Standard
Industrial/Commercial Multi-Tenant Lease - Net dated as of July 5, 2000, with
attached Addendum No. 1 and Exhibits (collectively the "Lease Agreement"), for
those certain premises (the "Premises") located at ▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇,
▇▇▇▇▇▇ ▇▇▇▇, ▇▇, all as more particularly provided in the Lease Agreement.
▇. ▇▇▇▇▇▇ and Lessee desire to make certain amendments and
modifications to the Lease Agreement, on the terms and conditions set forth
herein.
C. Unless otherwise provided herein, defined terms used in this
Addendum shall have the meanings set forth in the Lease Agreement.
NOW, THEREFORE, for valuable consideration, the parties hereto agree as
follows:
1. LESSEE'S ELECTRICAL SERVICE OBLIGATIONS. Notwithstanding anything to
the contrary contained in the Lease Agreement, including without limitation
SCHEDULE 3.3 to EXHIBIT C, Lessee at Lessee's sole cost and expense (which may
be paid by Lessee by utilizing the T.I. Allowance), using licensed contractors
that have either been designated by Southern California Edison ("SCE") or
approved by SCE and reasonably acceptable to Lessor, shall:
1.1 construct a concrete pad, approximately 10' x 12' in size
and meeting specifications designated by and in a location acceptable to SCE
(and also reasonably acceptable to Lessor), for the installation by SCE of an
electrical transformer having a capacity of not less than 3,000 amps. Lessee
understands and acknowledges that the transformer will not solely be serving the
Premises;
1.2 construct a channel between the transformer pad and the
Premises' electrical panels as may be specified by SCE (and also reasonably
acceptable to Lessor), and install in the channel any cables and connections
between the transformer and electrical panel as SCE may require;
1.3 perform any additional site work at the Project to accept
the transformer that may be required by SCE; and
1.4 bear the cost of: (i) any design fee that SCE may impose
on Lessor and/or Lessee for any of the above-mentioned work, and (ii) any other
fees, costs or expenses that may be required in connection with the provision of
electrical service to the Premises, including without limitation the purchase
and installation of necessary cabling and equipment, except as otherwise
provided in Paragraph 2 below.
2. LESSOR'S ELECTRICAL SERVICE OBLIGATIONS. Notwithstanding anything to
the contrary contained in the Lease Agreement, including without limitation
SCHEDULE 3.3 to EXHIBIT C, as part of Lessor's Shell and Core Work to be
completed prior to the Commencement Date (subject to Tenant Delays), Lessor
shall purchase and install two (2) 800 amp electrical panels in the electrical
room of the Project to service the Premises. Lessor shall bear seventy-five
percent (75%) of the cost of the purchase and installation costs of the two (2)
electrical panels, with Lessee to bear the balance of such costs; Lessor shall
have the right to deduct Lessee's share of such costs from the T.I. Allowance.
3. NO COMMENCEMENT DATE DELAY. Notwithstanding anything to the contrary
contained in the Lease Agreement, the work described in Section 1 above shall no
longer be deemed part of Lessor Shell and Core Work, and the scheduled
Commencement Date of the Original Term shall not be postponed or delayed should
the work described in Section 1 above (including without limitation any work to
be performed by SCE or its contractors, including the installation of the
transformer), or any of Lessor's other Shell and Core Work that may be impacted
or affected by the work described in Section 1 above, not be completed by the
Commencement Date.
4. RATIFICATION. Except as otherwise provided herein, all of the terms
and conditions of the Lease Agreement are hereby ratified and confirmed and
remain in full force and effect. In the provisions of this Addendum shall
control. The Lease Agreement as amended by this Addendum supersede all prior
oral or written understandings between the parties.
5. COUNTERPARTS; FACSIMILE SIGNATURES. This Addendum may be executed by
the parties in counterparts. Either party may deliver its signature to the other
by facsimile transmission, and any signature so delivered shall be binding on
that party.
[***SIGNATURES FOLLOW ON NEXT PAGE***]
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IN WITNESS WHEREOF, this Addendum is made as of the date first above
written.
LESSOR PAS TRUST
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
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▇▇▇▇▇ ▇▇▇▇▇▇, Trustee
LESSEE: VIANT CORPORATION,
a Delaware corporation
By: /s/
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Vice President
By: /s/ M. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇
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Chief Financial Officer