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EXHIBIT 10.14
FIBER OPTIC CABLE ON FREEWAYS IN MISSOURI
AMENDMENT
This amendment to the Agreement executed July 29, 1994, is entered into by
the Missouri Highway and Transportation Commission (hereinafter the "MHTC") and
Digital Teleport, Inc., (hereinafter the "Fiber Optic Contractor," or "FOC").
(1) Paragraph (23) of the original Agreement is hereby amended to
read as follows:
(23) PERFORMANCE AND PAYMENT BOND: The FOC must furnish and attach to
this Agreement, a performance and payment bond on the form provided by MHTC
without deviations, omissions or additions, in at least the penal sum of Two
Hundred Fifty Thousand Dollars ($250,000). This bond shall be issued and
executed by a surety or sureties acceptable to MHTC, to ensure the proper and
prompt completion of the work in accordance with the provisions of this
contract, and to ensure payment for all labor performed and materials
installed, consumed or used in the work. The bond, if executed by a surety
which is a corporation organized in a state other than Missouri, shall be
signed by an agent or broker licensed by the Director of the Missouri
Department of Insurance. A bond shall remain in full force and effect until
the entire fiber optic cable system, and all related equipment and materials
are fully installed and operational, in accordance with the terms of this
contract. Provided however, the bond will be issued on an annually renewable
basis. All renewals will be at the option of the surety, and will be provided
in the form of a written continuation certificate executed by the surety. The
continuation certificate will be provided to MHTC no later than thirty (30)
days prior to the expiration of the current bond. At such time, and upon
production of satisfactory documentation by the FOC that it has paid in full
the costs of all labor performed and materials installed, consumed or used in
the fiber optic cable system, the FOC may apply to MHTC to substitute another
bond, or Irrevocable Letter of Credit acceptable to MHTC, having the penal sum
of not less than Fifty Thousand Dollars ($50,000), to ensure the continued
maintenance and performance of that system for the remaining term of this
Agreement in accord with its provisions, and the payment for all labor
performed and materials installed, consumed or used in that phase of the
contract work. The initial bond(s) shall remain in effect for the purpose of
satisfying those valid project claims against the FOC for work, materials or
obligations performed or incurred prior to the date a valid $50,000 substitute
bond, or Irrevocable Letter of Credit, was accepted by MHTC. In any event, the
original, or a valid substitute bond, or Irrevocable Letter of Credit, shall
remain in full force and effect at all times, without a break in coverage, for
the initial period and all renewal periods of this Agreement. No initial or
substitute performance and payment surety bond shall be cancelled except
prospectively, and with at least thirty (30) days' advance notice in writing to
MHTC and the FOC. Neither non-renewal by the surety, nor failure, nor
inability of the FOC to file a replacement bond shall constitute a loss to the
MHTC which is recoverable under the expiring bond. The Surety's liability
under this bond and all continuation certificates issued in connection
therewith shall not be cumulative and shall in no event exceed the amount as
set forth in the bond, or in any additions, riders, or endorsements properly
issued by the surety as supplements thereto. Prior to such effective date of
cancellation of the performance and payment bond, the FOC must obtain and
submit to MHTC a valid substitute bond, or Irrevocable Letter of Credit,
meeting all terms of this Agreement. The FOC shall not perform any
construction, work or maintenance under the original contract without an
original bond or an Irrevocable Letter of Credit in full force during the
actual time of performance of the original contract.
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(2) All other terms and conditions of the original Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by Digital Teleport, Inc. this 21 day of September , 1994.
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Executed by the Commission this 22 day of September , 1994.
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MISSOURI HIGHWAY AND DIGITAL TELEPORT, INC.
TRANSPORTATION COMMISSION
/s/ Xxxx Xxxxxxxx /s/ Xxxxxxx X. Xxxxxxxxx
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Assistant Chief Engineer Xxxxxxx X. Xxxxxxxxx, President
Attest: Attest:
/s/ Mari Xxx Xxxxxxx By /s/ Xxxxxxx X. Xxxxxxxxx
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Secretary to the Commission
Title Pres/Secy
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Approved as to Form: Approved as to Form:
/s/ Xxxxx X. Xxxxxx /s/ Xxxxxxx X. Xxxxxxxx III
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Commission Counsel Xxxxxxx Xxxxxxxx, Attorney at Law
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