EXHIBIT 10.55
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***PORTIONS OF THIS EXHIBIT MARKED BY BRACKETS ("[_____]") OR OTHERWISE
IDENTIFIED HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
THE OMITTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.***
Amendment Xx. 0
Xxxxxxxxx Xx. 0 to
Telecommunications System Agreement
Dated January 26,1995 Between
Gulf States FiberNet and
Sprint Communications Company L.P.
THIS AMENDMENT IS entered into, effective as to this 8TH day of AUGUST
1996, by and between Sprint Communications Company L.P., a Delaware limited
partnership (hereinafter referred to as "Sprint"), with offices at 0000 Xxxx,
Xxxxxx Xxxx, XX 00000 and Gulf States FiberNet, a Georgia General Partnership
(hereinafter referred to as "GSF"), having an address at 000 Xxxxx Xxxxxx, Xxxx
Xxxxx, XX 00000, GSF and Sprint collectively referred to as the "Parties".
BACKGROUND:
InterState FiberNet ("IFN") and Sprint entered into the Telecommunications
System Agreement, dated January 26,1995 and as amended on July 25,1995
("Agreement"), and such Agreement was assigned by IFN to GSF pursuant to Article
16.10 of the Agreement; and
The Agreement obligates GSF to design, engineer, construct or cause to be
constructed facilities and acquire appropriate interests in real property or
other rights, all as may be required to provide, operate, and maintain a
telecommunications fiber optic system between [____________] and [_________]
(hereinafter referred to as "Route" and as shown in Exhibit A2); and
The Agreement obligates GSF to provide Sprint space within GSF buildings
along the Route (hereinafter "Sprint Space"), including the [_____] regenerator
located at [________________________________________]; and
Sprint does not currently require the entire minimum of 100 square feet of
Sprint Space at the [_______] regenerator and agrees to allow GSF use of any
space not currently required by Sprint to supply its customers with
telecommunications services.
THEREFORE, the Parties agree as follows:
1. As if the Effective date of this Amendment No. 2, GSF may use Sprint Space
not currently being utilized by Sprint at the [_____] regenerator site, provided
that GSF's use of the space at the [_____] regenerator site will in no way have
any effect on current Sprint fibers, equipment, or relay racks currently
installed at the site.
2. Sprint will give GSF nine (9) months notice to re-acquire its space at the
[_____] regenerator. Immediately upon notice, GSF will take the appropriate
actions to restore the original space for Sprint's use, provide an additional
building, or attachment to the existing building which will meet or exceed the
specifications in Exhibit D of the Agreement. This space will be ready for
Sprint to occupy within nine (9) months from the date of notice to
GSF.
3. Sprint may revoke GSF's right to utilize the Sprint Space immediately upon
notice to GSF that Sprint Fibers, equipment, or relay racks currently installed
are materially, adversely impacted by GSF's use of sprint Space.
AMENDMENT NO. 2
4. During GSF's use of Sprint Space, all obligations of Sprint to GSF in
reference to or applicable to that portion of the Sprint Space shall cease.
5. Except as amended herein, the Agreement shall continue in full force and
effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day
and year written below, but effective as of the day and year first set forth
above.
SPRINT COMMUNICATIONS COMPANY LP., GULF STATES FIBERNET, A GEORGIA
A DELAWARE LIMITED PARTNERSHIP GENERAL PARTNERSHIP
BY: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxx
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NAME:XXXXX X. XXXXXX Name:Xxxxx X. Xxxxx
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TITLE: Director Real Estate Acquisitions Title: Vice President
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& Administration
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DATE: 8-8-96 Date: 8-5-96
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