Amendment No. 4 to IRU Capacity Agreement between AT&T Corp. and At Home Corporation

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment updates the IRU Capacity Agreement between AT&T Corp. and At Home Corporation, allowing At Home to upgrade its network backbone by adding new electronics on four specified routes between San Jose, CA and Camden, NJ. At Home will pay AT&T a total of $2,482,680 for the upgrade, with an initial payment due within ten days of signing and the remainder due within ten days after the upgrade is accepted. The amendment is effective upon signature by both parties.

View More
EX-10.03 4 0004.txt FORM OF AMENDMENT NO. 4 TO IRU CAPACITY AGREEMENT Exhibit 10.03 AMENDMENT NUMBER FOUR TO IRU CAPACITY AGREEMENT This Amendment Number Four ("Amendment"), effective as of the date signed by both parties (the "Effective Date"), amends the IRU Capacity Agreement ("Agreement") entered into as of December 19, 1998 between AT&T Corp. ("AT&T"), a New York corporation with offices at 295 North Maple Avenue, Basking Ridge, New Jersey 07920, and At Home Corporation, ("@Home"), a Delaware corporation with a principal place of business located at 425 Broadway, Redwood City, CA 94063, as previously amended, as follows: 1. Under the terms of Section 6.1 of the Agreement, @Home has the right to request an upgrade of the @Home Backbone Network to include additional network electronics, referred to in the Agreement as a Requested Upgrade. @Home has exercised this right with respect to the four Routes listed below in order to create an express route between San Jose, CA (SNJSCA02) and Camden, NJ (CMDNNJCE).
No. City A City Z CLLI Code A CLLI Code Z 1 San Jose, CA Longmont, CO SNJSCA02 LNMTCO01 2 Longmont, CO Chicago, IL LNMTCO01 CHCGILCLW60 3 Chicago, IL Cleveland, OH CHCGILCLW60 CLEVOHO2S10 4 Cleveland, OH Camden, NJ CLEVOHO2S1 CMDNNJCE
2. The Upgrade Cost associated with this Requested Upgrade and calculated under the provisions of Section 7.1 is $2,482,680. @Home shall pay $248,268 to AT&T within ten days after the Effective Date, and $2,234,412 within ten days after the Acceptance Date of the Requested Upgrade. IN WITNESS WHEREOF, authorized representatives of the parties have executed this Amendment as of the Effective Date. AT&T CORP. AT HOME CORPORATION By: /s/ By: /s/ Milo Medin ------------------------ ---------------------------- Title: President Title: CTO, SVP Engineering --------------------- ------------------------- Date: 5/17/00 Date: 5/8/00 ---------------------- --------------------------