EXHIBIT 10.23.4


 


FOURTH AMENDMENT TO LEASE


 


This FOURTH AMENDMENT TO LEASE (this “Agreement”)
is made by and between 200 SOUTH VIRGINIA INVESTMENTS, LLC (“Landlord”) and
ADVANCED TELCOM, INC., f/k/a ADVANCED TELCOM GROUP, INC. (“Tenant”).


 


Recitals


 


A.                                   Tenant occupies certain premises (the “Premises”)
in the building at 200 South Virginia Street, Reno, Nevada (the “Building”),
under a Lease Agreement dated July 31, 1999, as amended pursuant to a
First Amendment to Lease dated January 10, 1999, and a Second Amendment to
Lease dated August 1, 2001, and Third Amendment to Lease dated April 1,
2004. (the Lease Agreement, as previously amended, hereinafter referred to as
the “Lease”).


 


B.                                     The Premises are used primarily for the purposes of
housing Tenant’s telecommunications switching and related equipment for
providing telecommunications, Internet, and related services to Tenant’s retail
and wholesale customers and for business office space.


 


C.                                     In conjunction with the provision of wholesale
telecommunications and Internet services to certain other telecommunications
and Internet services providers, Tenant wishes to permit such other service
providers (“Collocation Services Customers”) to install certain equipment in,
and have access to, certain portions of the Premises and other common areas of
the Building, as is reasonably necessary in connection with such installed
equipment.


 


D.                                    Therefore, Tenant and Landlord desire to further
amend the Lease as provided in this Agreement.


 


Agreement


 


1.                                       Collocation
Services.  Notwithstanding any
provision to the contrary contained in the Lease, without any consent or prior
approval of Landlord, and without any additional compensation to Landlord,
Tenant may:


 


a.                                       Select
and approve Collocation Services Customers;


 


b.                                      Prepare
space within the Premises for installation of Collocation Services Customers’
equipment, including, but not limited to, the installation of cages and
equipment racks in which the equipment will be placed;


 


c.                                       Permit
the installation of Collocation Services Customers’ equipment in the Premises;


 


d.                                      Provide
telecommunications network connections and services, electrical power and other
services to Collocation Services Customers within the Premises;


 


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e.                                       Provide
Collocation Services Customers with access to their equipment in the Premises
24 hours per day, 7 days per week; and


 


f.                                         Provide
Collocation Services Customers with such other services as Tenant shall deem
necessary or appropriate in its sole discretion.


 


2.                                       Conflicts.                                             In
the event of any conflict between the terms of the Lease and the terms of this
Agreement, the terms of this Agreement shall control.


 


3.                                       Ratification.                                Except
as amended hereby, the Lease is ratified and confirmed in all respects.


 


IN WITNESS WHEREOF, the parties
have executed this Agreement on September           ,
2004 to be effective as of the Commencement Date under the Lease.


 


	
   

  	
  200 SOUTH VIRGINIA INVESTMENTS, LLC, an Oregon limited liability
  company

  
	
   

  	
   

  
	
   

  	
  By:

  	
  SCANLANKEMPERBARD COMPANIES,

  an Oregon corporation, its Operating

  Manager

  
	
   

  	
   

  
	
   

  	
  By:

  	
    /s/ M. Bardt

  	
   

  
	
   

  	
  Title:

  	
    SRVP

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
  “Landlord”

  
	
   

  	
   

  
	
   

  	
  ADVANCED TELCOM, INC.,

  a Delaware corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
    /s/ David O’Neill

  	
   

  
	
   

  	
  Title:

  	
    President

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
  “Tenant”

  
						



 


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