EXHIBIT 10.28
AMENDMENT TO
CDPD SERVICE AND EQUIPMENT AGREEMENT
This Amendment to CDPD Service and Equipment Agreement (this
"Amendment"), dated this 9th day of September, 1998 and effective as of August
18, 1998 (the "Effective Date"), amends that certain CDPD Service and Equipment
Agreement (the "Agreement") between GTE Mobile Communications Service
Corporation ("GTEMC") and U.S. Wireless Data, Inc. ("Customer") dated August 1,
1997.
GTEMC and Customer hereby agree as follows:
1. Substitution of Party. GTE Mobile Communications Service Corporation
assigned its interest in the Agreement to GTE Wireless Incorporated
("GTEW"), an affiliate of GTEMC, as of January 1, 1998. Pursuant to
Section 10F of the Agreement, this assignment did not require
Customer's consent. Accordingly, GTEW has assumed all rights and
responsibilities of GTEMC under the Agreement and has been substituted
for GTEMC therein, and GTEMC no longer has any interest in the
Agreement. In the Agreement, the term "GTEMC" in every instance means
GTEW.
2. Exhibit B. Exhibit B is hereby amended by removing Sections 2, 3 and 4
thereof in their entirety. The pricing in Section 1 is hereby deleted
in its entirety and replaced with the pricing set forth in Section 4
(the "Alternate Rate Plan"). The Alternate Rate Plan provides for an
activation fee of $15.00, a monthly minimum of $9.00, 75 included
kilobytes and a $.09 charge for kilobytes in excess of the included
kilobytes.
3. Conversion of Existing XXXx. The parties agree that all of Customer's
XXXx currently existing on the MERCHT rate plan will be converted to
the Alternate Rate Plan as of the Effective Date. Further, the parties
agree that all XXXx added after the Effective Date will be billed
according to the Alternate Rate Plan.
4. Exhibit C. Section 4 of Exhibit C is hereby amended by removing the
second paragraph of such section in its entirety.
5. Reaffirmation of Other Terms and Conditions. All terms and conditions
not expressly amended hereby remain unchanged and in full force and
effect, and the parties ratify and reaffirm such terms as if they were
set forth in full herein.
This 9th day of September, 1998.
GTE WIRELESS INCORPORATED U.S. WIRELESS DATA, INC.
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxx Xxxxxxxxx
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Print Name: Xxxxx X. Xxxxx Print Name: Xxx Xxxxxxxxx
Title: Vice President - Sales Title: President
By: /s/ Xxxxxxxxx X. Xx Xxxxxxx
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Print Name: Xxxxxxxxx X. Xx Xxxxxxx
Title: Asst. Secretary
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