EXHIBIT 10.5
Agreement Xx. 0000000
Xxxxxxxxx Xx. 0
Page 1 of 2
ACCEPTANCE SHALL BE INDICATED BY
SIGNING AND RETURNING DUPLICATE
TO: FROM:
XX.Xxx Corp. AT&T Corp.
0000 Xxxxxxxxx Xxxx Xxxxx 1200 Peachtree Street
4th Floor Room 09E30
Xxxxxx, XX 00000 Xxxxxxx, XX 00000
Attn.: Xxxxxx X. Xxxxxxxxx Attn.: Xxxx X. Xxxxxx
General Purchase Agreement Number 4569177 ("Agreement") between AT&T Corp.
("AT&T") and XX.Xxx, Corp. ("Builder") dated October 29,1999 and as-modified by
Amendment Nos. 1, 2 and 3, is further modified by Amendment Number 4 as follows:
1. ARTICLE 3.6.A: SUPPLY OF OA BUILDINGS: The following language is deleted
from the Agreement in its entirety:
"3.6.A SUPPLY OF OA BUILDINGS: Builder agrees to supply to AT&T new
Optical Amplifier ("OA") buildings (the "Supplied Services") at the
Builder sites identified in "Exhibit 3B: Links and Optical Amplified
Locations" (the "Shared Sites"). It is contemplated that the new AT&T
OA buildings will share the slab on which the adjacent Builder
buildings are or may be located. The Supplied Services to be supplied,
in addition to the other elements described in Article 3.6.A through
3.6.O, includes but is not limited to the following:
(1) Planning, engineering, construction and placement of the OA
building specified in Exhibit 3A of this Amendment;
(ii) Supervision and Inspection of the pre-fabricated buildings
during fabrication and installation of the OA buildings;
(iii) Assurance that the pre-fabricated OA building supplied by
Builder will be in accordance with the drawings and
specifications as set forth in Exhibit 3A of this Amendment;
(iv) Arrangement and installation of cable conduit for connection to
the OA buildings;
AT&T/Builder Proprietary
10/01/FINAL
Agreement No. 4569177
Amendment No. 4
Page 2 of 2
(v) Necessary engineering and construction services for the purpose
of power and communication cables entering and passing through
Builder's main building to the AT&T building;
(vi) Support the installation of AT&T's cable locating devices and
Isolation closure in the Builder main OA builder and
connections to the appropriate equipment in the AT&T building;
In return for these construction services, AT&T will pay the Builder
Two Hundred Thousand Dollars ($200,000.00) for each OA site
constructed by the Builder. All Builder Invoices are due within thirty
(30) days of construction completion and site acceptance by AT&T but
in no event prior to January 1, 2002.
Upon mutual agreement by AT&T and Builder. this Section 3.6.A may be
superceded by a separate Construction Services Agreement between the
Builder and AT&T for the construction of OA sites which would include
terms substantially similar to the terms described in this amended
Section 3.6.A."
This Amendment No. 4 is effective as of the execution of this Amendment by both
parties and shall be incorporated in and shall constitute a part of the
Agreement as if fully set forth therein. EXCEPT AS AMENDED HEREIN, ALL TERMS AND
CONDITIONS OF THE AGREEMENT REMAIN UNCHANGED.
APPROVAL:
ACKNOWLEDGED AND AGREED TO BY:
XX.XXX CORP. AT&T CORP.
By: /s/ XXXXXX X. XXXXXXXXX By: /s/ XXXXX X. XXXXX
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(signature) (signature)
Name: Xxxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxx
Title: Senior Vice President- Title: Group Procurement Director, AT&T
Business Development Supplier Management
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Date: Oct. 18, 2001 Date: October 22, 2001
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(typed or printed) (typed or printed)
AT&T/Builder Proprietary
10/01/FINAL
