AMENDMENT III
THIS AMENDMENT III ("Amendment") is effective the 1st day of May, 2000, by and
between Xxxxxxxx Vyvx Services, a business unit of Xxxxxxxx Communications, Inc.
("Xxxxxxxx") and Colorado Satellite Broadcasting, a division of New Frontier
Media, Inc. ("Customer").
WHEREAS, Xxxxxxxx and Customer are parties to that certain Teleport Services
Agreement, effective 1st day of April, (the "Agreement"); and
WHEREAS, Xxxxxxxx and Customer desire to amend the Agreement;
NOW, THEREFORE in consideration of the foregoing premises and mutual promises
and covenants of the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, Xxxxxxxx and Customer agree to amend the Agreement as
follows:
1. The following shall be added as sub-section 3 (g):
(g) Additional Carrier Uplinked to the Transponder. Xxxxxxxx shall provide the
following additional service, as referenced in Table 1, subject to the terms and
conditions of the Agreement: one additional full-time MPEG 2 Digicipher II
carrier shall be uplinked to the Transponder. An additional channel on the
Compression System shall be added and used to transmit the additional service
over Customer's Circuit and the Microwave Link from Customer's Premise to the
Teleport. For this additional service, Xxxxxxxx shall charge Customer an
additional $24,800 per month for the remainder of the Term.
2. Section 2.9, Service Charge, shall be revised.
3. Section 9 Commitment shall be revised to read as follows:
COMMITMENT. Customer agrees that this is a take-or-pay commitment and that
failure to use the Services throughout the Term does not affect Customer's
obligation to pay the Service Charge throughout the Term. The parties agree that
Customer's minimum commitment pursuant to this Agreement through the Original
Term is $6,335,400. The parties agree that this take-or-pay commitment is a
portion of the consideration for this Agreement, and that it is not a penalty
4. Except as specifically amended herein, all terms, conditions and
provisions contained in the Agreement shall remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment on the 13 day of
July, 2000.
XXXXXXXX VYVX SERVICES, A BUSINESS COLORADO SATELLITE BROADCASTING,
UNIT OF XXXXXXXX COMMUNICATIONS, INC. A DIVISION OF NEW FRONTIER MEDIA, INC.
BY: /s/ Xxxxxxx Xxxxxxxxx BY: /s/ Xxxxxxx Xxxxxx
NAME: Xxxxxxx Xxxxxxxxx NAME: Xxxxxxx Xxxxxx
TITLE: VP Media & Entertainment TITLE: Executive Vice President
DATE: July 13, 2000 DATE: July 13, 2000
Service # Service Description Satellite Transponder
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1 Xxxxxx Telstar 4 19
2 TeN Telstar 4 19
3 Pleasure Telstar 4 19
4 Extasy Telstar 4 4
5 Gonzo X Telstar 4 7
6 True Blue Telstar 4 5
7 ETC Telstar 4 7
