Exhibit 10.29
AMENDMENT NO. 2 TO
AGREEMENT FOR THE PROVISION OF
FIBER OPTIC FACILITIES AND SERVICES
BETWEEN
ALABAMA POWER COMPANY AND
SOUTHERN INTEREXCHANGE FACILITIES, INC.
APC CONTRACT NUMBER SI001
THIS AMENDMENT, effective as of December 1, 1991, is made by and between
ALABAMA POWER COMPANY ("APC") and SOUTHERN INTEREXCHANGE FACILITIES, INC.
("SI"), parties to the Agreement for the Provision of Fiber Optic Facilities and
Services, APC Contract Number SI00l, dated as of March 29, 1990 and amended on
March 29, 1990 and March 22, 1991 (the "Agreement").
WITNESSETH:
WHEREAS, APC desires to obtain sole and exclusive ownership and use of the
fibers within that portion of Route Segment 1 which is located between the MCI
POP at Park Place Tower and the Telecom POP at 000 X. 00xx Xxxxxx, Xxxxxxxxxx,
Xxxxxxx (the "APC Segment"), and SI desires to relinquish its beneficial
ownership in such fibers in return for reimbursement of amounts paid to APC as
Actual Cost for the construction of the APC Segment; and
WHEREAS, the parties deem it to be in their mutual interest to amend the
Agreement;
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and promises hereinafter set forth, the parties agree to amend the
Agreement as follows:
1. In consideration of SI's relinquishment of its interest and rights in
the APC Segment, APC hereby agrees to pay SI the sum of sixteen thousand one
hundred thirty and 70/100 dollars ($16,130.70). APC shall owe no further
amounts, and SI shall have no right to additional compensation of any kind, with
respect to the APC Segment.
2. As of the effective date hereof, APC shall have the absolute and
exclusive title, beneficial ownership and interest in the Cable, fibers,
equipment and associated facilities in, on or used in connection with the APC
Segment, including without limitation the right to use the fibers for any
purpose whatsoever. From such effective date, SI shall have no further rights or
interest in the APC Segment, and the APC Segment shall not be governed by or
subject to the Agreement.
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be duly
executed on their behalf, as of the day and year first above written.
ALABAMA POWER COMPANY SOUTHERN INTEREXCHANGE
FACILITIES, INC.
By: /s/ X. X. Xxxxxxx By: /s/ Xxxxxx X. Xxxxxxxxx
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Name: X. X. Xxxxxxx Name: Xxxxxx X. Xxxxxxxxx
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(Printed or Typed) (Printed or Typed)
Title: Vice President Title: Vice President
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