THIRD AMENDMENT TO DARK FIBER IRU AGREEMENT
Exhibit 10.6
THIRD AMENDMENT TO DARK FIBER IRU AGREEMENT
This Third Amendment (“Third Amendment”) to the May 8, 1997 Dark Fiber IRU Agreement between
Metropolitan Fiber Systems of New York, Inc.
(“MFS”), and RCN Telecom Services, Inc. (“RCN”), as
successor-in-interest to RCN Telecom Services of New York, Inc. (“the Agreement”) is entered into
this 7th day of November, 2008.
1) This Third Amendment modifies and supplements the Relinquished Fiber Process and
Timeframe as set forth in Section 5 of the December 11, 2007 First Amendment (“First
Amendment”) to the Agreement and Section 2 of the June 18, 2008 Second Amendment
(“Second Amendment”).
2) The parties acknowledge they have been working collaboratively and in good faith in
connection with completing the Relinquished Fiber Project Plan as contemplated by
Section 5 of the First Amendment. Despite these good faith efforts, the parties have not
been able to complete the project in the time frames contemplated by the First
Amendment. As a result, MFS and RCN agree to delete Section 5(a) of the First
Amendment and replace it with the following:
“5(a) The parties shall cooperate and work together in good faith in order to help ensure
the Relinquished Fibers have been returned by RCN to MFS and are fully accessible and
capable of being used by MFS by March 31, 2009. This completion deadline can be extended
only by the written agreement of both parties.”
3) The
parties agree that their respective operations teams will meet and confer within a
reasonable time from the date of this Third Amendment, and will revise, refine and
update the Relinquished Fiber Project Plan. The parties will continue to work
collaboratively in an effort to complete the Project as quickly as possible.
4) Section 5(b) of the First Amendment shall continue to apply to the Relinquished Fiber
Process and Timeframe according to the revised timeframes set out
herein.
5) Except as expressly set forth in this Third Amendment, all the terms and conditions set
forth in First and Second Amendments and the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed as of the date
first set forth above by their duly authorized representatives.
METROPOLITAN FIBER SYSTEMS OF NEW YORK, INC. |
RCN TELECOM SERVICES, INC. | |||||||
By: | /s/ Xxxxxx X. Xxxxxxx |
By: | /s/ Xxxxxxx X. Xxxxxxxxx | |||||
Name:
|
Xxxxxx X. Xxxxxxx | Name: | Xxxxxxx X. Xxxxxxxxx | |||||
Title:
|
Director | Title: | VP — Network Engineering | |||||
Date:
|
12/1/08 | Date: | 11/18/08 | |||||