Amendment to Purchase Agreement between Nortel Networks Inc. and SAVVIS Communications Corporation
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Summary
This agreement amends a previous purchase agreement between Nortel Networks Inc. and SAVVIS Communications Corporation. It allows Nortel to require SAVVIS to pay in advance for products and services if Nortel is not satisfied with SAVVIS' creditworthiness. It also removes a prior addendum and permits SAVVIS to transfer certain optical equipment to a third party, with Nortel's consent and further negotiation. SAVVIS must assist Nortel in identifying software on the transferred equipment. The agreement is effective upon signing by both parties.
EX-10.34 40 ex10_34.txt EXHIBIT 10.34 EXHIBIT 10.34 [NORTEL NETWORKS LOGO] CONFIDENTIAL MATERIALS HAVE BEEN OMITTED FROM THIS EXHIBIT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE OMISSIONS. LETTER OF AGREEMENT March 14, 2002 SAVVIS Communications Corporation 12851 Worldgate Drive Herndon, VA 20170 RE: AMENDMENT OF PURCHASE AGREEMENT Dear Sirs: The purpose of this letter of agreement ("LOA") is to set forth our understanding relating to the amendment of the global purchase agreement made between Nortel Networks Inc. ("Nortel Networks") and SAVVIS Communications Corporation ("SAVVIS") dated June 30, 2000 (the "Purchase Agreement"). Each party signing this LOA represents that it is a party that entered into the Purchase Agreement, and has authority to amend the Purchase Agreement as set forth herein. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Purchase Agreement as follows: 1. An additional sentence shall be added to the end of paragraph (a) of section 4 (Price and Payment) as follows: "Notwithstanding anything else contained herein, Nortel Networks shall be entitled to require SAVVIS to pay in advance for products and services to be provided hereunder at any time that Nortel Networks, in its discretion, is not satisfied with SAVVIS' credit worthiness." 2. It is hereby agreed that Addendum Number 1 to the Purchase Agreement shall be stricken effective as of the date set forth above. 3. It is hereby agreed that Nortel Networks consents to the conveyance of the optical equipment described in Exhibit A attached hereto by SAVVIS to [**], on terms and conditions to be negotiated between Nortel and [**]. SAVVIS agrees that it shall provide reasonable assistance to Nortel Networks in identifying the software installed on the equipment described in Exhibit A. Please acknowledge SAVVIS' agreement with this LOA by having two copies of this LOA executed in the space below. Upon execution, please return both originals for execution by Nortel Networks to Saundra Adams, 4010 East Chapel Hill-Nelson Highway, Research Triangle Park, North Carolina 27709, Dept. 9787, mail stop D17/03/0F2. A fully executed original will be returned to you for your records. ACCEPTED AND AGREED: SAVVIS COMMUNICATIONS CORPORATION BY: /S/ LANE H. BLUMENFELD TITLE: ACTING GENERAL COUNSEL AND VICE PRESIDENT ACCEPTED AND AGREED: NORTEL NETWORKS INC. BY: /S/ PAUL KNUDSEN TITLE: SENIOR COUNSEL [**] CONFIDENTIAL TREATMENT REQUESTED 2 Exhibit A Equipment
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