EXHIBIT 10.47
THIRD AMENDMENT TO MASTER FACILITIES AGREEMENT
AND ASSIGNMENT AND ASSUMPTION
This Amendment to the Master Facilities Agreement (the "Facilities
Agreement") between Fiber Technologies Operating Company, LLC and Choice One
Communications Inc. dated May 31, 2000 is entered into as of the 13th day of
June 2002 between FIBER TECHNOLOGIES CONSTRUCTION COMPANY, L.L.C. F/K/A/ FIBER
TECHNOLOGIES OPERATING COMPANY, LLC ("FTCC"), a Delaware limited liability
company having its principal place of business at 000 Xxxxxx Xxxxx Xxxx,
Xxxxxxxxx, Xxx Xxxx 00000, FIBER TECHNOLOGIES NETWORKS, L.L.C. ("FTN"), a New
York limited liability company having its principal place of business at 000
Xxxxxx Xxxxx Xxxx, Xxxxxxxxx, Xxx Xxxx 00000 and CHOICE ONE COMMUNICATIONS INC.
("CHOICE"), a Delaware corporation having its principal place of business at 000
Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxx, Xxx Xxxx 00000 (hereinafter, each
individually, "Party," and collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into the Facilities Agreement dated May
31, 2000, which Facilities Agreement governs the rights and obligations of the
Parties; and
WHEREAS, it is in the mutual interest of the Parties to amend the
Facilities Agreement to replace certain language, as indicated below, of the
original Agreement and
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties
hereto agree as follows:
1. Amendment.
14. TERM AND TERMINATION
14.1 Period. The initial term for each City Route shall start
upon Acceptance of the entire City Route or portion of a City Route as
described in Exhibit A and shall terminate twenty (20) years from the
Acceptance of the last Segment of each City Route. Following the
initial term there will be an automatic renewal term of ten (10) years
("Renewal Term"), unless Grantee provides written notice of no less
than one hundred twenty (120) days prior to the expiration of the
Initial Term of its intent not to renew ("Initial Term" and "Renewal
Term," collectively, "Term"); provided, however, that the Parties shall
mutually agree to a Use Charge for the Renewal Term at the then fair
market rate, pursuant to the procedures set forth in Exhibit "H"
hereto.
For purposes of any City Route or Segment, the Facilities Agreement
shall not terminate until the end of the Initial Term or Renewal Term
of the latest City Route or Segment to be activated. Additional renewal
terms may be entered into by the mutual written agreement of Grantor
and Grantee.
IN WITNESS WHEREOF the parties have executed this Third Amendment to
the Facilities Agreement as of June 13, 2002.
FIBER TECHNOLOGIES CONSTRUCTION COMPANY
L.L.C. f/k/a FIBER TECHNOLOGIES OPERATING
COMPANY, LLC
By: FIBERTECH NETWORKS, LLC
By: /s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx, Chief Operating Officer
FIBER TECHNOLOGIES NETWORKS, L.L.C.
By: FIBERTECH NETWORKS, LLC
By: /s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx, Chief Operating Officer
CHOICE ONE COMMUNICATIONS INC.
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx
President and CEO
