AMENDMENT #5 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. April 25, 2002
Exhibit 10.9.5
AMENDMENT #5 TO CARRIER SERVICE AGREEMENT
ESCHELON TELECOM, INC.
April 25, 2002
*** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission.
This is Amendment #5 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).
1. Except as otherwise stated, capitalized terms used herein have the same meaning as set forth in the Agreement.
2. Section 2 of the Agreement shall be modified by striking title to section 2 and inserting the title and paragraph below at the beginning of section 2.
***
3. With respect to Link Calling Card Services, the Parties agree that in the unlikely event that the bankruptcy court orders Global Crossing to liquidate, Global Crossing will facilitate to the extent permissible, in a commercially practicable manner, and without undue delay, the transfer to a new RespOrg of the calling card toll-free access number of 000-000-0000 used by Eschelon, pursuant to a bona fide request of the new RespOrg; provided, however, that Eschelon is not in material breach of the Agreement and abides by the validation and verification process in place at the time. Further, in the event of the foregoing, Global Crossing agrees that it shall not otherwise challenge Eschelon’s request to transfer its access number to another carrier as RespOrg. On the date the bankruptcy court confirms Global Crossing’s plan of reorganization, the terms and conditions of this paragraph shall be void.
4. With respect to Switched and Dedicated NOS Inbound and Carrier Transport Services, the Parties
April 25, 2002
agree that in the unlikely event that the bankruptcy court orders Global Crossing to liquidate, Global Crossing will facilitate Eschelon’s efforts to obtain a new RespOrg for the toll-free numbers associated with Services used by Eschelon, pursuant to a bona fide request of the new RespOrg; provided, however, that Eschelon is not in material breach of the Agreement and abides by the validation and verification process in place at the time. Further, in the event of the foregoing, Global Crossing agrees that it shall not otherwise challenge Eschelon’s request for a new RespOrg for its Toll Free numbers. On the date the bankruptcy court confirms Global Crossing’s plan of reorganization, the terms and conditions of this paragraph shall be void.
5. Eschelon acknowledges that transferring to a new RespOrg may alter the functionality of the effected Services.
6. This Amendment shall not prejudice any right or obligation that Global Crossing may have to assume or reject the Carrier Service Agreement under the United States Bankruptcy Code. Global Crossing expressly reserves the right to make such an election until it can more fully assess the impact that decision may have on its business and creditors and before, and subject to the requisite approval of, the United States Bankruptcy Court for the Southern District of New York.
7. The balance of the Agreement and any executed amendments or addenda thereto not modified by this Amendment #5 shall remain in full force and effect.
8. This Amendment #5 is effective as of the date signed by Global Crossing below.
Global Crossing Bandwidth, Inc |
Eschelon Telecom, Inc. |
||||||
|
|
||||||
|
|
||||||
By: |
/s/Xxxxxxx X. XxxXxxxxx |
|
By: |
/s/ X.X. Xxxxx 4/28/02 |
|
||
|
Xxxxxxx X. XxxXxxxxx, President |
|
Xxxxxxx Xxxxx, Chief Operating Officer |
|
|||
|
North American Carrier Services |
|
|
|
|||
|
|
|
|
|
|||
Date: |
5/03/02 |
|
Date: |
4/28/02 |
|
||
2