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Exhibit 10.4 Amendment #5 to Lease 1.
Parties . This Amendment,
dated as of August 15, 2008, is between 400 Minuteman LLC
("Landlord"), and NaviSite, Inc. ("Tenant"). 2. Recitals
. 2.1 Landlord’s
predecessor in interest, 400 Minuteman Limited Partnership, and
Tenant entered into a lease, dated as of May 14, 1999, for
space in the building at 400 Minuteman Road, Andover, Massachusetts
(the "Building) (as now or hereafter amended or extended, the
"Lease"). Unless otherwise defined, terms in this Amendment have
the same meanings as those in the Lease.
2.2 Tenant wishes to install
additional fiber optic cable to Tenant’s data center in the
Building for Tenant’s telecommunications purposes through
Landlord’s existing infrastructure. To accomplish this, for
good and valuable consideration, the receipt and sufficiency of
which are acknowledged, the parties agree and the Lease is amended
as follows as of this date, notwithstanding anything to the
contrary: 3. Amendments .
3.1 Definitions .
(a)
"Equipment" means new fiber optic cable, new 1 1 /4"
innerduct through which the cable will travel, and any associated
electronic equipment necessary to provide fiber optic
telecommunications service to the Building using this fiber optic
cable.
(b)
"Pathway" means the pathway to the Building in which the Equipment
will be installed. As shown in Attachment #1 (the Lightower
Lateral Sketch not-to-scale, dated 2/7/2008), the Pathway
originates at a riser pole located at the River Road right-of-way
identified as Pole 57 and proceeds to the Building at a proposed
D-Mark location via Pole 5062 on Old River Road and then through
existing underground infrastructure consisting of manholes and
empty 4" continuous ducts in the existing duct bank that traverses
a route via various easements across other property owned by the
Minuteman Park property owners listed below (the "Other Owners")
and then across the Project through Manholes number 7, 9, 16 and
15. The Other Owners are:
(i) 150
Minuteman LLC, the owner of 150 Minuteman Road, where a portion of
the Pathway is located, comprising Manholes number 33 and 35 and
approximately 619 lineal feet of underground conduit;
(ii) 200
Minuteman LLC, the owner of 200 Minuteman Road, where a portion of
the Pathway is located, comprising Manholes number 37, 32, 31, 30
and 17 and approximately 1,254 lineal feet of underground conduit;
and
(iii) Minuteman
Greenery LLC, the owner of the roadbed, parkway, sidewalks and
curbs of Minuteman Road where a portion of the Pathway is located,
comprising Manholes number 43 and 38 and approximately 653 lineal
feet of underground conduit. 3.2
Installation; Maintenance .
(a) Tenant
will install the Equipment only in the Pathway and will permanently
mark the Equipment in the manholes so as to be fully visible to
anyone who may use or maintain the underground infrastructure.
The
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