Exhibit 10.7.2
Portions of this exhibit have been omitted pursuant to a request for
confidential treatment filed with the Securities and Exchange Commission. The
omissions have been indicated by asterisks ("*****"), and the omitted text has
been filed separately with the Securities and Exchange Commission.
CONTRACT AMENDMENT AGREEMENT (Number 1)
This Agreement is made this 30 day of November, 2004, between British
Telecommunications plc whose registered office is at 00 Xxxxxxx Xxxxxx, Xxxxxx
XX0X 0XX ("BT") and Playboy TV UK/Benelux Limited whose registered office is at
Xxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxx, Xxxxxxxxx, XX0 0XX ("the Customer").
WHEREAS
A. The Customer entered into a contract with BT in May 2004 for the
provision of a combined compressed uplink and eurobird space segment
service ("the Contract");
B. The Customer wishes to amend the Contract with BT as described
below;
C. BT has agreed to amend the Contract on the terms and conditions set
out below.
NOW IT IS HEREBY AGREED AS FOLLOWS:-
The Clauses and Conditions of the Contract shall be amended as set out below,
such amendments to be effective from lst September, 2004.
1. Schedule 1, Part D of the Contract the term "Total bit rate for the
service" shall be deleted and replaced as follows:
"Total bit rate for the Service: 17.5Mbit/s"
2. Schedule 2 of the Contract shall be amended as follows:
The term "Charge" shall be deleted and replaced as follows
"Charge: ***** for each 12 months from 1st September 2004 to the
Expiry Date, save for the period from 1 August 2005 to 31
August 2005 when the Charge shall be reduced by ***** to
*****"
3. The Contract shall remain in full force and effect as amended by
this Agreement.
4. This Agreement may be executed in one or more parts by the parties
on separate counterpart or facsimile copies each of which when so
executed
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by any party shall be an original but all executed counterpart or
facsimile copies shall together when delivered constitute but one
agreement. This Agreement shall not be completed, delivered or dated
until each party has received counterpart or facsimile copies
validly executed by all other parties. The date of this Agreement
shall be the date in the United Kingdom on which validly executed
copies were received by all parties.
5. This Agreement shall be governed and construed in accordance with
English Law and the parties agree to submit to the exclusive
jurisdiction of the English Courts.
For and on behalf of the Customer
Signed: /s/ Xxxxxx X Xxxx
Name & Title: Xxxxxx X Xxxx, Company Secretary
For and on behalf of BT
Signed: /s/ Xxxx Xxxxx
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Name & Title Xxxx Xxxxx - Head of Solutions
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