EXHIBIT 10.46
CONFIDENTIAL TREATMENT REQUESTED
SECOND AMENDMENT TO MASTER FACILITIES AGREEMENT
AND ASSIGNMENT AND ASSUMPTION
This Amendment to the Master Facilities Agreement (the "Facilities
Agreement") between Fiber Technologies Operating Company, LLC and Choice One
Communications Inc. dated May 31, 2000 is entered into as of the 2nd day of May,
2002 between FIBER TECHNOLOGIES CONSTRUCTION COMPANY, L.L.C. F/K/A/ FIBER
TECHNOLOGIES OPERATING COMPANY, LLC ("FTCC"), a Delaware limited liability
company having its principal place of business at 000 Xxxxxx Xxxxx Xxxx,
Xxxxxxxxx, Xxx Xxxx 00000, FIBER TECHNOLOGIES NETWORKS, L.L.C. ("FTN"), a New
York limited liability company having its principal place of business at 000
Xxxxxx Xxxxx Xxxx, Xxxxxxxxx, Xxx Xxxx 00000 and CHOICE ONE COMMUNICATIONS INC.
("CHOICE"), a Delaware corporation having its principal place of business at 000
Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxx, Xxx Xxxx 00000 (hereinafter, each
individually, "Party," and collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into the Facilities Agreement dated May
31, 2000, which Facilities Agreement governs the rights and obligations of the
Parties; and
WHEREAS, it is in the mutual interest of the Parties to amend the
Facilities Agreement to replace certain of the original Exhibits with Revised
Exhibits; and
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties
hereto agree as follows:
1. Amendment.
A. Exhibit D, as attached to the Facilities Agreement as a portion
Amendment One shall be deleted and removed from the Facilities Agreement
and Amendment One and shall be replaced with Revised Exhibit D in the
form attached hereto. All references in the Facilities Agreement to
Exhibit D shall hereafter be deemed to refer to Revised Exhibit D.
[Remainder of page intentionally left blank]
Portions of this agreement have been omitted and filed separately with the
Commission pursuant to an application for confidential treatment under Rule
24b-2.
IN WITNESS WHEREOF the parties have executed this Second Amendment to
the Facilities Agreement as of May 2, 2002.
FIBER TECHNOLOGIES
CONSTRUCTION COMPANY L.L.C. f/k/a FIBER
TECHNOLOGIES OPERATING COMPANY, LLC
By: FIBERTECH NETWORKS,
LLC
By: /s/ Xxxxx Xxxxxxx
------------------------------------
Xxxxx Xxxxxxx, Chief Operating Officer
FIBER TECHNOLOGIES NETWORKS, L.L.C.
By: FIBERTECH NETWORKS, LLC
By: /s/ Xxxxx Xxxxxxx
------------------------------------
Xxxxx Xxxxxxx, Chief Operating Officer
CHOICE ONE COMMUNICATIONS INC.
By: /s/ Xxxxx X. Xxxxxx
------------------------------------
Xxxxx X. Xxxxxx
President and CEO
Amendment Two
Revised EXHIBIT "D" dated 5/1/02
PROPOSED SCHEDULE FOR INSTALLATION
[Confidential Treatment sought for this Schedule]
