Amendment to Agreement Between Digital Teleport, Inc. and Pirelli Cables and Systems LLC

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Summary

This amendment, effective June 25, 2000, extends the existing agreement between Digital Teleport, Inc. and Pirelli Cables and Systems LLC for one year, keeping current prices unchanged during the renewal term. It specifies that Pirelli will ship products on non-returnable wooden reels and that Digital Teleport will not hold Pirelli liable for losses from cable creep. The amendment also clarifies that a previous side agreement does not apply to deliveries after June 26, 2000. All other terms of the original agreement remain in effect.

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EX-10.26 3 0003.txt AMENDMENT TO AGREEMENT WITH PIRELLI Exhibit 10.26 AMENDMENT TO AGREEMENT BETWEEN DIGITAL TELEPORT, INC., AND PIRELLI CABLES AND SYSTEMS LLC This Amendment ("Amendment") by and between Pirelli Cables and Systems LLC ("Pirelli") and Digital Teleports, Inc. ("DTI"), is made and entered into effective as of June 25, 2000, and amends the Agreement dated as of June 26, 1998, between the parties (the "Agreement"), and supersedes any conflicting provision within such Agreement. 1. The parties agree to a one (1) year renewal of the Agreement, commencing on June 26, 2000 (the "Renewal Term"). 2. The prices in effect on the date of this Amendment shall remain in effect for the Renewal Term. 3. Pirelli shall ship product on Non-Returnable Wooden Reels. DTI shall hold Pirelli harmless regarding any liability due to losses incurred as a result of cable creep. 4. The parties further agree that the December 15, 1998 letter agreement (the "BOC Deal") does not apply to delivery of products after June 26, 2000. 5. Except as provided for herein, all of the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed by the parties hereto as of the date and year first above written. Pirelli Cables and Systems LLC Digital Teleport, Inc. By: /s/ Raymond L. Robinson By: /s/ Richard D. Weinstein --------------------------------- -------------------------- Name Raymond L. Robinson Name Richard D. Weinstein ------------------------------ ---------------------- Title President, Communications Div. Title President ----------------------------- ----------------------