AMENDMENT THREE TO DIRECTORY SERVICES AGREEMENT
EXHIBIT 10.6
AMENDMENT THREE
TO
DIRECTORY SERVICES AGREEMENT
This Amendment Three (this Amendment) is entered into as of September 29, 2006 (the Amendment Effective Date), by and between Hawaiian Telcom Communications, Inc., a Delaware corporation (as successor in interest to Hawaiian Telcom Mergersub, Inc.) (hereinafter referred to as Publisher), and L. M. Berry and Company, a Georgia corporation (Berry), and is an amendment to the Directory Services Agreement (the Directory Services Agreement) made and entered into effective as of February 4, 2005, by and between Publisher and Berry. All capitalized terms used herein but not defined herein will have the meanings assigned to them in the Directory Services Agreement.
1. Additional Short Term Services To Be Provided by Berry to Publisher
Publisher acknowledges that, Effective January 1, 2006, it authorized Berry to perform the following additional short term services. Publisher also authorizes payment of these services to be calculated and paid as a credit on the monthly settlement between Berry and Publisher. At any time, when Publisher can assume responsibility for the services listed below, Berry will no longer assume responsibility and will discontinue billing that portion of the services. Thereafter the service(s) for which Publisher has assumed responsibility will no longer be covered by the services agreement. These services and the pricing for these services will be provided through December 31, 2006. Any continuation of these services and the charges for the services after that date will be subject to the mutual agreement of both parties.
Service Provided |
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Manual Service Order Processing |
| $ | 30,000 |
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In order to automate this process, HT is required |
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White Pages Publishing Responsibility |
| $ | 70,000 |
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When Publisher can provide Berry with |
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Billing Services |
| $ | 25,000 |
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Breakdown of services are as follows; |
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Billing Services |
| $ | 11,000 |
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AR Systems Support |
| $ | 6,000 |
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Collection Services |
| $ | 5,500 |
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Postage, printing, etc |
| $ | 2,500 |
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Total |
| $ | 125,000 |
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As services noted are assumed by Publisher, the associated charges will be eliminated from the monthly charges to Publisher. |
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COUNTERPARTS
This Amendment may be executed in any number of counterparts, but all such counterparts shall constitute but one agreement.
NO OTHER CHANGES
Except as expressly provided for in this Amendment, all of the terms, conditions and provisions of the Directory Services Agreement remain unaltered and are in full force and effect. The Directory Services Agreement and this Amendment shall be read and construed as one agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.
L. M. BERRY AND COMPANY | HAWAIIAN TELCOM |
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/s/ | Daniel J. Graham |
| /s/ Daniel P. OBrien |
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By: | Daniel J. Graham | By: | Daniel P. OBrien |
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Title: | President and CEO | Title: | CFO |
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