CONFIDENTIAL TREATMENT EXHIBIT 10.5
SECOND AMENDMENT TO IRU AGREEMENT
This Amendment to IRU Agreement ("Amendment") is made and entered
into as of the _____ day of May, 1998, by and between Qwest
Communications Corporation ("Qwest") and GTE Intelligent Network Services
Incorporated ("GTE").
RECITALS
A. Qwest and GTE previously entered into an IRU Agreement dated as of
May 2, 1997 (the "Agreement").
B. Qwest and GTE wish to amend the Agreement to add additional Dark
Fibers and make certain modifications to the Agreement.
AGREEMENT
In consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Qwest and GTE agree as follows:
1. Unless otherwise defined herein, all capitalized terms used herein
shall have the meanings given to them in the Agreement.
2. In accordance with Section 1.1(a) and subject to the provisions of
the Agreement, Qwest hereby grants GTE an IRU in six (6) Dark Fibers between the
Qwest POP in Oakland, California located at 000 0xx Xxxxxx and the Qwest manhole
at the east end of the Bay Bridge, a distance of approximately 4.5 miles (the
"Additional Dark Fibers"). The Additional Dark Fibers shall be included within
the System Route for purposes of the Agreement.
3. GTE hereby agrees to pay Qwest an amount equal to [*Material Omitted
and Separately Filed Under an Application for Confidential Treatment] per route
mile for the Additional Dark Fibers, being a total of [*Material Omitted and
Separately Filed Under an Application for Confidential Treatment], payable
[*Material Omitted and Separately Filed Under an Application for Confidential
Treatment].
4. In addition to the Additional Dark Fibers, Qwest agrees to provide
GTE with six (6) Dark Fibers on a temporary lease basis between the manhole on
the San Francisco end of the Bay Bridge and the Qwest POP located at 00 Xxxxxxx
Xxxxxx (the "Lease Fibers"). The Lease Fibers will be provided to GTE [*Material
Omitted and Separately Filed Under an Application for Confidential Treatment]
for a term ending December 31, 1998.
5. Except as modified in this Agreement, all other provisions of the
Agreement shall be applicable to the Additional Dark Fibers.
CONFIDENTIAL TREATMENT
Qwest and GTE have executed this Amendment effective as of the day first
written above.
QWEST COMMUNICATIONS GTE INTELLIGENT NETWORK SERVICES
CORPORATION INCORPORATED
By /s/ August X. Xxxxxxxx By /s/ Xxxxx Xxx
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Name: August X. Xxxxxxxx Name: Xxxxx Xxx
Title: Sr. Vice Pres. Title: AVP, GTE-GNI-CNE
Date: November 19, 1998 Date: November 17, 1998
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