EXHIBIT 4.(a)(xvi)
September 7, 2001
Xxxxx Networks NV
Transpolis Schiphol Airport
Xxxxxxx Xxxxxx 00
0000 XX Xxxxxxxxx
Xxx Xxxxxxxxxxx
Dear Sirs
TeleCity UK Limited ("TELECITY") agrees to release Xxxxx Networks NV ("XXXXX")
from its obligations and liabilities under the three guarantees (the
"GUARANTEES") given by Xxxxx to TeleCity (all dated 22 March 2000, and copies of
which are attached as schedule 1 to this agreement).
In consideration for this release, Xxxxx will make payments to TeleCity
totalling (pound) 170,000 (plus applicable VAT, and upon separate invoicing in
the month of payment) in accordance with the following dates:
On or before 15 September 2001 (pound) 20,000 + VAT
On or before 29 October 2001 (pound) 90,000 + VAT
On or before 7 January 2002 (pound) 30,000 + VAT
On or before 29 March 2002 (pound) 30,000 + VAT
In addition and in consideration of the payments mentioned above, TeleCity and
Xxxxx agree to the mutual release each party from all obligations and
liabilities under the Facility Management Agreements and all subsequent
amendments and appendices thereto referred to by the Guarantees.
TeleCity also acknowledges that they have settled, directly with the
Administrators of Xxxxx.web Limited, all claims by TeleCity that arise out of
the Facility Management Agreements and all subsequent amendments and appendices
thereto, that were entered into by Xxxxx.web Limited.
This agreement shall be construed according to the laws of England.
SIGNED IN ACCEPTANCE SIGNED IN ACCEPTANCE
BY THE AUTHORISED REPRESENTATIVE BY THE AUTHORISED REPRESENTATIVE
OF TELECITY OF XXXXX
/S/ XXX XXXXXXX /S/ XXXXX XXXXXXX
