Common use of Network Charges Clause in Contracts

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reais): (a) [*] for the Modems comprising [*] (the "Base Price"). (b) [*] per Modem per month for the Modems comprising the [*] (the "Base Price"); provided, however, that [*] (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3), a LEC circuit requirement of 1 PRI/T1 per [*] Modems, and a backhaul requirement of 1 T1 per [*] Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-time circuit installation fees; (e) analog POTs lines; (f) site maintenance; (g) recurring co-location charges; (h) co-location installation fees; (i) other one-time installation fees; (j) Modem management fees; (k) equipment lease expenses at NETSTREAM sites; and (l) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (e) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (f) Subject to Sections 10 and 11, AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be applied. (g) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM IMPSAT will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reaisArgentine pesos according to law 23.982): (a) [*] per Dedicated Modem per month for the Modems comprising [*] the Domestic network (the "Base Domestic Price"), provided that such fee per [*] Modem will not be charged with regards to a Returnable Dedicated Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (b) [*] per Dedicated Modem per month for the Modems comprising the [*] International (IWAN) network (the "Base International Price"); provided, however, provided that such fee per [*]] Modem will not be charged with regards to a Returnable Dedicated Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM IMPSAT shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3E-3), a LEC circuit requirement of 1 PRI/T1 per [*] 30 Modems, and a backhaul requirement of 1 T1 E1 per [*] 256 Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-one- time circuit installation fees; (e) analog POTs lines; (f) non-capital equipment; (g) site maintenance; (gh) recurring co-location charges; (hi) co-co- location installation fees; (ij) other one-time installation fees; (jk) Modem management fees; (kl) equipment lease expenses at NETSTREAM IMPSAT sites; and (lm) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] - DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (ed) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (fe) Subject to Sections 10 and 11Paragraph 11 ("Indemnity"), AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be appliedParagraph 2.4 ("Payment Terms"). (gf) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM AOL will be paid pay Embratel the following for Modems accepted by AOL in accordance with monthly buildout targets specified by AOL, without taxes (all prices are quoted in Brazilian reais, base month Sept. 1999): (a) [*] for the Modems comprising [*] (the "Base Price"), provided that such fee per [*] Modem will not be charged with regards to a [*] Modem at such time that it is returned or withdrawn in accordance with Section 1.2(b). (b) [*] per in cities over [*] inhabitants where EMBRATEL has a POP of its dial-in network and [*] in cities at or under [*] inhabitants where EMBRATEL has a POP of its dial-in network. (c) In the event that AOL orders a [*] Modem(s) where [*] Modem per month for capacity is available, the Modems comprising price of using the [*] (Modem will be the "Base Price"); provided, however, that [*] (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to Modem price until such time the [*], NETSTREAM reserves ] Modem(s) is installed. The Access Number used with the right to [*]] Modem will be a number exclusively for AOL traffic and will be the same as that used upon installation of the [*] Modem. (d) The Base Price paid to NETSTREAM EMBRATEL shall include all costs relating to the management and operation of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3E-3), a LEC circuit requirement of 1 PRI/T1 E1 per [*] 30 Modems, and a backhaul requirement of 1 T1 E1 per [*] 256 Modems; (b) recurring LEC Local Exchange Carrier (LEC) circuit charges; all the public domestic network infrastructure necessary to route the traffic from the Modem Boxes up to the international hub in Brazil; (c) routing through Internet international circuits ; (d) recurring backhaul circuit charges; (de) amortization of all one-one- time circuit installation fees; (ef) analog POTs telephone lines; (fg) non-capital equipment; (h) site maintenance; (gi) recurring co-location charges; (hj) co-co- location installation fees; (ik) other one-time [Embratel Letterhead] Contract Number VES-8-IDN-1-1999 -------------------------------------------------------------------------------- installation fees; (jl) Modem management fees; (km) equipment lease expenses at NETSTREAM EMBRATEL sites; and (ln) the cost of any spare equipment. For purposes of this paragraph, the DS-3 E-3 requirements are as follows: ; Throughput Modems per DS-3 E-3 (or equivalent) ---------- ------------------------------- ------------------------------ [*] bps [*] DS-3s The parties agree that E-3s shall be defined as a network circuit circuits with a 4534-megabit capacity with utilization no higher greater than [*]] peak utilization per individual circuit, measured as an average over recurring five minute windows. (e) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (f) Subject Additionally to the fees described in this section, subject to Sections 10 and 11, AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be applied. (g) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service. A discount shall be deducted from the monthly AOL invoice equal to the percentage during which time modems were unavailable over the course of a month.

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reais):[*]: (a) [*] for the Modems comprising the [*] (the "Base Price"). (b) [*] per Modem per month for the Modems comprising the [*] (the "Base Price"); provided, however, that [*]. (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3), a LEC circuit requirement of 1 PRI/T1 per [*] Modems, and a backhaul requirement of 1 T1 per [*] Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-time circuit installation fees; (e) analog POTs lines; (f) site maintenance; (g) recurring co-location charges; (h) co-co- location installation fees; (i) other one-time installation fees; (j) Modem management fees; (k) equipment lease expenses at NETSTREAM sites; and (l) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (e) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (f) Subject to Sections 10 and 11, AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be applied. (g) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM IMPSAT will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reaisArgentine pesos according to law 23.982): (a) [*] for the Modems comprising [*] the Domestic network (the "Base Domestic Price"), provided that such fee per [*] Modem will not be charged with regards to a [*] Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (b) [*] per Modem per month for the Modems comprising the [*] International (IWAN) network (the "Base International Price"); provided, however, provided that such fee per [*]] Modem will not be charged with regards to a [*] Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM IMPSAT shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3E-3), a LEC circuit requirement of 1 PRI/T1 per [*] 30 Modems, and a backhaul requirement of 1 T1 E1 per [*] 256 Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-time circuit installation fees; (e) analog POTs lines; (f) non-capital equipment; (g) site maintenance; (gh) recurring co-co- location charges; (hi) co-location installation fees; (ij) other one-time installation fees; (jk) Modem management fees; (kl) equipment lease expenses at NETSTREAM IMPSAT sites; and (lm) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 [*] (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (ed) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (fe) Subject to Sections 10 and 11Xxxxxxxxx 00 ("Xxxxxxxxx"), AOL XXX agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be appliedParagraph 2.4 ("Payment Terms"). (gf) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM AOL will be paid pay Embratel the following for Modems accepted by AOL in accordance with monthly buildout targets specified by AOL, without taxes (all prices are quoted in Brazilian reais, base month Sept. 1999): (a) [*] for the Modems comprising [*] (the "Base Price"), provided that such fee per [*] Modem will not be charged with regards to a Returnable Dedicated Modem at such time that it is returned or withdrawn in accordance with Section 1.2(b). (b) [*] per in cities over [*] inhabitants where EMBRATEL has a POP of its dial-in network and [*] in cities at or under [*] inhabitants where EMBRATEL has a POP of its dial-in network. (c) In the event that AOL orders a [*] Modem(s) where [*] Modem per month for capacity is available, the Modems comprising price of using the [*] (Modem will be the "Base Price"); provided, however, that [*] (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to Modem price until such time the [*], NETSTREAM reserves ] Modem(s) is installed. The Access Number used with the right to [*]] Modem will be a number exclusively for AOL traffic and will be the same as that used upon installation of the [*] Modem. (d) The Base Price paid to NETSTREAM EMBRATEL shall include all costs relating to the management and operation of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3E-3), a LEC circuit requirement of 1 PRI/T1 E1 per [*] 30 Modems, and a backhaul requirement of 1 T1 E1 per [*] 256 Modems; (b) recurring LEC Local Exchange Carrier (LEC) circuit charges; all the public domestic network infrastructure necessary to route the traffic from the Modem Boxes up to the international hub in Brazil; (c) routing through Internet international circuits; (d) recurring backhaul circuit charges; (de) amortization of all one-time circuit installation fees; (ef) analog POTs telephone lines; (fg) non-capital equipment; (h) site maintenance; (gi) recurring co-co- location charges; (hj) co-location installation fees; (ik) other one-time installation fees; (jl) Modem management fees; (km) equipment lease expenses at NETSTREAM EMBRATEL sites; and (ln) the cost of any spare equipment. For purposes of this paragraph, the DS-3 E-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (e) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (f) Subject to Sections 10 and 11, AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be applied. (g) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.;