Re: Amended and Restated Agreement for Delivery of Service between Level 3 Communications, LLC (“Level 3”) and America Online, Inc. effective as of April 18, 2000, as amended (the “Managed Modem Agreement”)
Exhibit 10.60
June 29, 2007
VIA HAND DELIVERY
Xx. Xxxx Xxxx
Level 3 Communications, LLC
0000 Xxxxxxxx Xxxxxxxxx
Xxxxxxxxxx, Xxxxxxxx 00000
| Re: | Amended and Restated Agreement for Delivery of Service between Level 3 Communications, LLC (“Level 3”) and America Online, Inc. effective as of April 18, 2000, as amended (the “Managed Modem Agreement”) |
Dear Xxxx:
This letter agreement (this “Letter Agreement”) memorializes our agreement concerning certain terms under the Managed Modem Agreement. Capitalized terms used but not defined herein shall have the meanings set forth in the Managed Modem Agreement.
| 1. | ICG Ports: AOL agrees to renew for a term commencing July 1, 2007 and ending June 30, 2008 (the “ICG Term”) [****] ICG Ports more specifically to be identified on Exhibit “B” attached hereto (the “ICG Ports”), such ports continuing to be delivered under the Managed Modem Agreement; for the avoidance of doubt, Exhibit “B” attached hereto shall replace the Exhibit “B” included in the letter agreement between the parties dated March 31, 2006 (the “March 2006 Agreement”). The pricing for such ICG Ports shall be as follows, based on the “Pricing Bracket” of each port identified in Exhibit “B”: |
Pricing Bracket 1: [****]/Port/month
Pricing Bracket 2: [****]/Port/month
Pricing Bracket 3: [****]/Port/month
Pricing Bracket 4: [****]/Port/month
For invoicing simplification purposes, during the ICG Term the pricing for such ICG Ports shall be [****] per port per month. Additionally and for clarity, Section 12 of the March 2006 Agreement shall not apply to the ICG Ports; Section 13 of the March 2006 Agreement shall apply, provided that AOL may only move ports within Pricing Brackets (and not between them). For the avoidance of doubt, upon expiration of the ICG Term, AOL shall be entitled to Transition Assistance with respect to the affected XXX Xxxxx.
| 0. | Xxxx Xxxx-Xxxx; Invoicing: During the ICG Term, AOL may port out, turn down or otherwise terminate any or all of the [****] ICG Ports denoted for port out under the “To be Ported Out” column in Exhibit “B”; such port out shall be without any applicable termination liability. All ICG Ports will continue to be billed monthly in arrears through the ICG Term. Respecting any ICG Ports terminated during the billing month in accordance with Section 2 of this Letter Agreement, the monthly invoice will include a prorated amount of the applicable per month per port charge, calculated by multiplying the number of days such port was in service during the month by 1/30th of the applicable per port per month charge. |
| 3. | Other existing terms and conditions: All other terms and conditions not specifically addressed herein will remain in full force and effect. |
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If you are in agreement with the foregoing, please execute one copy of this letter and return it to the undersigned at your earliest convenience.
| Sincerely, |
| AOL LLC |
| /s/ Xxxxx Xxxxxxx |
| Xxxxx Xxxxxxx |
| Senior Vice President |
| Accepted and agreed: |
| XXXXX 0 COMMUNICATIONS, LLC |
| /s/ Xxxx Xxxx |
| Xxxx Xxxx |
| Vice-President Offer Management |
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Exhibit B
ICG Renewal Parts
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