Exhibit 2.6
SERVICE AND USE AGREEMENT
This Agreement is made and entered into this 4th day of
February, 1999, by and between Meachim & Xxxxxx Partnership ("MRP"), with
principal offices located at 000 Xxxxxxx Xxxxxx, Xxxxxxx XX 00000, and
Intelligent Communications, Inc., with principal offices located at 000 Xxxxxxxx
Xxxxxx, Xxx Xxxxxxxxx XX 00000 ("Intellicom").
WHEREAS, MRP holds the FCC VSAT licenses E960246 (as modified in File
No. 152-DSE-MP/L-97), E960247 and E960248 (as modified in File No.
161-DSE-MP/L-97) (the "VSAT Licenses"); and
WHEREAS, Intellicom owns all tangible and intangible assets used and
useful in connection with the operation of the VSAT Licenses (the "VSAT
Facilities") except for the FCC licenses for such VSAT Facilities; and
WHEREAS, the VSAT Licenses have been used in the past to provide VSAT
communication services in connection the business operation now owned by
Intellicom; and
WHEREAS, MRP wishes to continue to use the VSAT Facilities to provide
VSAT communication services to Intellicom; and WHEREAS, Intellicom wishes to
hire MRP to provide VSAT communication services to Intellicom via the VSAT
Licenses; NOW, THEREFORE, it is hereby agreed as follows:
1. Intellicom agrees to permit MRP to have unfettered use of and access
to the VSAT Facilities for $1.00 per month during the term of this Agreement.
2. MRP agrees to continue to provide VSAT communication services to
Intellicom via the VSAT Licenses in substantially the same manner in which the
VSAT Licenses and the VSAT Facilities have been used together in the past for a
fee of $10.00 per month.
3. MRP agrees to consult with Intellicom regarding changes in service
proposed by Intellicom that might require changes in VSAT service and to
cooperate in accommodating those changes.
4. This Agreement shall terminate simultaneously with the Management
Agreement between MRP and Intellicom dated as of the date hereof.
IN WITNESS WHEREOF, the parties have executed this Service and Use
Agreement as of the day and year first above written.
MEACHIM & XXXXXX PARTNERSHIP
By: /s/ Xxxxx Xxxxxxx
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INTELLIGENT COMMUNICATIONS, INC.
By: /s/ Xxxxxxxxx X. Xxxxxx
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