EXHIBIT 10.54
-------------
Amendment No. 1
Amendment To
Telecommunications System Agreement
Dated January 26, ▇▇▇▇ ▇▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇▇ FiberNet and
Sprint Communications Company L.P.
THIS AMENDMENT IS entered into, effective as of July 25 1995, by and between
Sprint Communications Company L.P., 2 Delaware Limited Partnership (hereinafter
referred to as "Sprint"), whose address is ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇
▇▇▇▇▇ and Gulf States FiberNet (hereinafter referred to as "GSF"), whose address
is ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
WITNESSETH:
WHEREAS, Interstate FiberNet ("IFN") and Sprint entered into the
Telecommunications System Agreement, dated effective January 26, I 1995.
("Agreement"), and such Agreement was assigned by IFN to GSF pursuant to Article
16.10 or the Agreement, and:
WHEREAS, GSF and Sprint desire to amend the Agreement in certain respects as are
set forth herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
promises herein contained, the parties covenant and agree as follows:
1. Add the following language as Article 4.4
Payments in Case of GSF Default
-------------------------------
"In the event of GSF's default on a loan agreement between GSF and
NationsBank N.A. ("Lendor"), the Parties hereby agree that Lendor may
provide written notice to Sprint of such default and request that Sprint
remit all payments due under this Agreement to Lendor. GSF hereby agrees to
indemnify and hold harmless Sprint, its affiliates successors and assigns
from any claim resulting from such change in payment remittance."
2. Add the following language as the third paragraph In Article 12.1.
"Sprint shall endeavor to also provide notice of GSF's default to
NationsBank N.A.; however, Sprint shall not be held liable for any failure
to provide such notice."
3. Except as amended herein, the Agreement shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day
and year below written, but effective as of the day and year first set forth
above.
GULF STATES FlBERNET. A SPRINT COMMUNICATIONS COMPANY L.P.,
GEORGIA GENERAL PARTNERSHIP A DELAWARE LIMITED PARTNERSHIP
--------------------------------- ---------------------------------------
By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
------------------------------ -----------------------------------
Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------- ----------------------------------
(Type or Print)
Title: VP/CFO Gulf States
Transmission Systems Inc.
Managing Ptr.
---------------------------
Title: Director, Network Real Estate
Acquisition and Administration
Date: 7 - 25- 95 Date: 7-24-95
---------------------------- ----------------------------------
