License Fee. Commencing on December 1, 2008, and continuing through and including the last date on which Tenant receives any communications services from Lightpath via use of the conduit referenced in Recital B above, Tenant shall pay to Landlord the sum of Three Hundred Dollars ($300.00) per month as a license fee (the “Riser License Fee”) for the non-exclusive use by Tenant of the pathway through which Lightpath’s conduit runs from the basement of the Building to the Premises. The Riser License Fee shall be paid in advance on the first day of each month (without deduction, offset, prior notice or demand), concurrently with Tenant’s monthly payment to Landlord of annual fixed rent under the Lease. The Riser License Fee shall constitute rent under the Lease and shall be proportionately abated for any partial month.

Pursuant to a written agreement (the “Lightpath License Agreement”) between Cablevision Lightpath, Inc., a Delaware corporation (“Lightpath”) and Landlord, Lightpath is permitted to provide certain communications services to tenants of the Building. Pursuant to a written service agreement between Lightpath and Tenant, Lightpath is providing certain communication services to the Premises. In order to provide such communications services to Tenant, Lightpath must first install within the riser of the Building, in accordance with the provisions of the Lightpath License Agreement, an additional conduit running from the basement of the Building to the twelfth (12th) floor of the Building. As consideration to Landlord for permitting the installation of such additional conduit in the Building riser, Landlord is to be paid a monthly license fee. Tenant and Lightpath have agreed that Tenant will pay such monthly license fee to Landlord during the period that Lightpath provides communications services to the Premises via use of the new conduit in the Building riser.

Accordingly, Landlord and Tenant presently desire to amend the Lease to provide for Tenant to pay to Landlord a monthly license fee for the pathway through which the above-referenced additional conduit will be installed, maintain and operated in the Building by Lightpath, in connection with Lightpath’s communications services provided to the Premises, all as more fully provided below.