EXHIBIT 99.7
AMENDMENT TO INTELLECTUAL PROPERTY AGREEMENT
This Amendment to Intellectual Property Agreement (the "Amendment") is
entered into between AT&T Corp., having a place of business at Xxx XX&X Xxx,
Xxxxxxxxxx, Xxx Xxxxxx 00000 ("AT&T") and Easylink Service Corporation, having a
place of business at 00 Xxxxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000
("Easylink"). This Agreement is effective as of the date it is executed by both
parties (the "Effective Date").
WHEREAS, AT&T and Swift Telecommunications, Inc. ("Swift"), entered into an
Asset Purchase Agreement dated December 14, 2000 (the "Asset Purchase
Agreement"); and
WHEREAS, in connection with and simultaneously with the Asset Purchase
Agreement, AT&T and Swift entered into an Intellectual Property Agreement (the
"IP Agreement"); and
WHEREAS, Easylink s the successor to Swift; and
WHEREAS, pursuant to Section 2.3.2 of the IP Agreement, Easylink was
required to make changes to the systems purchased under the Asset Purchase
Agreement to eliminate the use of the letters "aft" in end user e-mail addresses
within three years; and
WHEREAS, Easylink has requested that AT&T extend the time for Easylink to
eliminate the use of the letters "aft" in end user e-mail addresses to June 30,
2006; and
WHEREAS, AT&T has agreed to extend such time to June 30, 2006 in
consideration of Easylink's agreement to enter into a revised ANC Attachment
(document identification Easylink ANC STP 050629.doc), including the revenue
commitment in the revised ANC Attachment;
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, AT&T and Easylink agree as follows:
1. Section 2.3.2 of the IP Agreement is amended to read as follows:
2.3.2. In addition, Buyer shall have until June 30, 2006 to make changes to
the systems acquired under the Purchase Agreement to eliminate all
use of the letters "att" in the e-mail addresses of users of
EasyLink services.
2. Except as amended by this Amendment, the Asset Purchase Agreement
and the IP Agreement remain in force and effect in accordance with their
terms.
IN WITNESS WHEREOF, the parties have duly executed and agreed to be bound
by this Amendment by the signatures of their authorized representatives below.
Each party represents and warrants that the person executing this Amendment on
its behalf is fully authorized to do so.
EASYLINK SERVICE CORPORATION AT&T CORP.
By: /S/ Xxxxxx X. Xxxxxxxx By: /S/ Xxxxxxx Xxxxx
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(Authorized Customer Signature) (Authorized AT&T Signature)
Xxxxxx X. Xxxxxxxx, Vice President Xxxxxxx Xxxxx, Director
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(Typed or Printed Name and Title) (Typed or Printed Name and Title)
Date: 18 July 2005 Date: 21 July 2005
