FIRST AMENDMENT TO IRU AGREEMENT
This Amendment to IRU Agreement ("Amendment") is made and entered into as
of the __ day of December, 1998, by and between Qwest Communications Corporation
("Qwest") and Business Telecom, Inc. ("BTI").
RECITALS
A. Qwest and BTI previously entered into an IRU Agreement dated as of October
31, 1997 (the "Agreement").
B. Qwest and BTI 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 BTI agree as follows:
1. Unless otherwise defined herein, all capitalized terms used herein
shall have the meanings given to them in the Agreement.
2. The parties agree to amend the route of Segment 44 from Lake City to
Tampa as described in Section 1.02 in accordance with the map attached hereto as
Exhibit A, and to include the spur from Bellview, Florida to Orlando, Florida as
part of Segment 44. The Segment shall be subdivided in Subsegments as follows:
Segment 44A, Lake City to Bellview, Segment 44B, Bellview to Tampa, and Segment
44C, Bellview to Orlando. The total estimated route mileage for the new Segment
44, including the spur, remains estimated at 000 xxxxx xxxxx. Further, in
accordance with Section 1.01(a) and subject to the provisions of the Agreement,
Qwest hereby grants BTI an IRU in an additional four (4) fibers in Segment 44C
from Bellview to Orlando and an IRU eight (8) Dark Fibers in a new Segment 52
from Orlando, Florida to Titusville, Florida. Segment 52 contains an estimated
42 route miles and shall be included within the QWEST System for purposes of the
Agreement:
3. BTI agrees to pay QWEST an IRU Fee of $20,000 per route mile for the
eight (8) Dark Fibers in Segment 52. The parties agree that no additional
consideration under Section 2.01 shall be payable by BTI for the additional four
(4) Dark Fibers in Segment 44C.
4. The Estimated Delivery Date for Segment 52 from Orlando to Titusville
is December 31, 1998.
5. The parties agree to amend paragraph 7.02 of the Agreement to provide
that space provided to BTI in the regeneration site at Talavara, Florida only
shall be provided at 50% of the price set forth in paragraph 7.02.
6. Except as modified in the Amendment, all other provisions of the
Agreement shall be applicable to the Florida Reroute Fibers.
Qwest and BTI have executed this Amendment effective as of the day first
written above:
QWEST COMMUNICATIONS BTI TELECOM, INC.
CORPORATION
By /s/ A.D. Wandry By /s/ R.Xxxxxxx Xxxxxxx
------------------- ----------------------
Name: A.D. Wandry Name: R. Xxxxxxx Xxxxxxx
Title: SRVP Title: Pres/Co.
Date: 4/19/99 Date: 4/13/99
