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EXHIBIT 10.17
AMENDMENT NO. 1 TO SERVICE AGREEMENT
This Agreement is entered into on October 11, 1996 between US ONE
Communications, Inc. (USOC) and Phoenix Network, Inc. (Phoenix) in order that
USOC compensate Phoenix in connection with engineering, implementation and
testing of the new USOC Network Services under the Communications Services
Agreement dated May 22, 1996 between USOC and Phoenix (as amended to date, the
"Service Agreement"). The parties hereto acknowledge that Phoenix has to date
provided assistance to USOC as a Beta customer in connection with
implementation of the switch network as provided under the Services Agreement.
In recognition of this assistance and of the service difficulties experienced
in the initial phase of the service cutover coincident with the turn up of
Phoenix traffic on the USOC switch in Denver, Colorado, and the continuing
significant expenditure of energy and resources by Phoenix in assisting USOC in
its implementation, engineering and testing of its new service offering in
additional switch sites, USOC agrees to compensate Phoenix with a payment in
the aggregate amount of [ ] payable in 10 equal monthly
installments of [ ] on the 1st of each month retroactive to
August 1, 1996.
In consideration of USOC's Agreement to make such payments, Phoenix agrees to
pay USOC in full for all invoices rendered to date under the Service Agreement
and further agrees to release USOC from any claims for all losses, costs or
expenses of any kind of Phoenix under the Service Agreement, whether actual,
consequential, direct or indirect or otherwise, as a result of USOC's
performance to date. In addition, USOC and Phoenix hereby agree to modify the
Service Agreement to replace the Switch Implementation Schedule attached as
Attachment I thereto with the revised Switch Implementation Schedule attached
to the Agreement.
Xxxxxx X. Xxxxx Xxxxxxx X. Xxxxxxx
/s/ Xxxxxx X. Xxxxx /s/ Xxxxxxx X. Xxxxxxx
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President and COO President and CEO
US ONE Communications, Inc. Phoenix Network, Inc.
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US ONE CLASS 4 SWITCH INSTALLATION SCHEDULE
Date Initial Switch Installation
------------------------------------ ------------------------------------
July-1996 Denver
August-1996 --
September-1996 --
October-1996 Chicago
November-1996 --
December-1996 New York City
January-1997 Tampa
February-1997 Los Angeles
March-1997 Boston
April-1997 Dallas & San Francisco
Xxx-0000 Xxxxxxxxxxx & Xxxxxxx
Xxxx-0000 Seattle & Washington, D.C.
Xxxx-0000 Xxxxxx Xxxx & Xxxxxxxx
Xxxxxx-0000 Philadelphia & Detroit
September-1997 Miami
October-1997 Houston
November-1997 --
December-1997 --
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