FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (“Amendment”) is made as of December 5, 2003, by and
between WB AIRPORT TECHNOLOGY, L.L.C., a Delaware limited liability company (“Landlord”), and
MACROVISION CORPORATION, a Delaware corporation (“Tenant”).
A. Landlord and Tenant have entered into a Lease, dated as of August 2, 2001 (the “Original Lease”),
pursuant to which Landlord leased to Tenant and Tenant leased from Landlord that certain office building located
at 2830 De La Cruz Boulevard, Santa Clara, California (the “Premises”), as more particularly described in the
B. Tenant has requested permission to have OnFiber Communications, Inc., a Delaware corporation (the “
Provider ”) Install (as hereinafter defined) the Equipment (as hereinafter defined) for the benefit of the Premises.
C. Landlord agrees to permit the Installation of the Equipment, upon the terms and conditions set forth
herein. The Original Lease together with this Amendment are collectively referred to herein as the “Lease.”
NOW THEREFORE, for good and valuable consideration the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Definitions and Incorporation by Reference . Except as otherwise defined in this Amendment, all terms
used in this Amendment will have the same meaning as the terms defined in the Original Lease. All of the
provisions of the Original Lease are incorporated in this Amendment by reference.
2. Equipment . Upon the execution and delivery of this Amendment by Landlord and Tenant and
reimbursement by Tenant of all of Landlord’s costs and expenses incurred in connection herewith, including,
without limitation, reasonable attorneys’ fees incurred by Landlord in connection with this Amendment, Tenant
shall have the right to install, operate, pull, repair, replace, upgrade, maintain and remove (collectively, “Install” or
“Installation”) the following: a fiber optic cable