Eighth Amendment to Master Facilities Agreement and Assignment and Assumption between Fiber Technologies Construction Company, Fiber Technologies Networks, and Choice One Communications

Summary

This amendment updates the original Master Facilities Agreement dated May 31, 2000, between Fiber Technologies Construction Company, Fiber Technologies Networks, and Choice One Communications of New York. The amendment replaces certain language in the original agreement, with some details kept confidential. All parties agree to the changes as of June 2003. The agreement outlines the ongoing rights and obligations related to the facilities covered by the original contract.

EX-10.51 3 l03434aexv10w51.txt EXHIBIT 10.51 EXHIBIT 10.51 CONFIDENTIAL TREATMENT REQUESTED EIGHTH AMENDMENT TO MASTER FACILITIES AGREEMENT AND ASSIGNMENT AND ASSUMPTION This Amendment to the Master Facilities Agreement (the "Facilities Agreement") between Fiber Technologies Operating Company, LLC and Choice One Communications of New York Inc. dated May 31, 2000 is entered into as of the ___ day of June 2003 between FIBER TECHNOLOGIES CONSTRUCTION COMPANY, L.L.C. F/K/A/ FIBER TECHNOLOGIES OPERATING COMPANY, LLC ("FTCC"), a Delaware limited liability company having its principal place of business at 140 Allens Creek Road, Rochester, New York 14618, FIBER TECHNOLOGIES NETWORKS, L.L.C. ("FTN"), a New York limited liability company having its principal place of business at 140 Allens Creek Road, Rochester, New York 14618 and CHOICE ONE COMMUNICATIONS OF NEW YORK INC. ("CHOICE"), a Delaware corporation having its principal place of business at 100 Chestnut Street, Suite 600, Rochester, New York 14604 (hereinafter, each individually, "Party," and collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into the Facilities Agreement dated May 31, 2000, which Facilities Agreement governs the rights and obligations of the Parties; and WHEREAS, it is in the mutual interest of the Parties to amend the Facilities Agreement to replace certain language, as indicated below, of the original Agreement and NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Amendment. [Confidential treatment sought for this provision] Portions of this agreement have been omitted and filed separately with the Commission pursuant to an application for confidential treatment under Rule 24b-2. IN WITNESS WHEREOF the parties have executed this Eighth Amendment to the Facilities Agreement as of _______________, 2003. FIBER TECHNOLOGIES CONSTRUCTION COMPANY L.L.C. f/k/a FIBER TECHNOLOGIES OPERATING COMPANY, LLC By: FIBERTECH NETWORKS, LLC By: /s/ Frank Chiaino ---------------------------- Frank Chiaino, Chief Operating Officer FIBER TECHNOLOGIES NETWORKS, L.L.C. By: FIBERTECH NETWORKS, LLC By: /s/ Frank Chiaino ------------------------------------ Frank Chiaino, Chief Operating Officer CHOICE ONE COMMUNICATIONS OF NEW YORK INC. By: /s/ Joseph A. Calzone --------------------------------------- Joseph A. Calzone Vice President of Engineering