SECOND AMENDMENT TO DARK FIBER IRU AGREEMENT
Exhibit 10.5
SECOND AMENDMENT TO DARK FIBER IRU AGREEMENT
This Second Amendment (“Second Amendment”) to the May 8, 1997 Dark Fiber IRU Agreement between
Metropolitan Fiber Systems of New York, Inc. (“MFS”), and RCN Telecom Services, Inc. (“RCN”), as
successor-in-interest to RCN Telecom Services of New York, Inc. (“the Agreement”) is entered into
this 18th day of June, 2008.
1) This Second Amendment modifies and supplements the Relinquished Fiber Process
and Timeframe as set forth in Section 5 of the December 11, 2007 First Amendment
(“First Amendment”) to the Agreement.
2) The parties acknowledge they have been working collaboratively and in good faith in
connection with completing the December 19, 2007 Relinquished Fiber Project Plan as
contemplated by Section 5 of the First Amendment. Despite these good faith efforts, the
parties have not been able to complete the project in the time frames contemplated by the
First Amendment. As a result, MFS and RCN agree to delete Section 5(a) of the First
Amendment and replace it with the following:
“5(a) The parties shall cooperate and work together in good faith in order to help ensure
the Relinquished Fibers have been returned by RCN to MFS and are fully accessible and
capable of being used by MFS by November 7, 2008. This completion deadline can be extended
only by the written agreement of both parties.”
3) The parties agree that their respective operations teams will meet and confer within a
reasonable time from the date of this Second Amendment, and will revise, refine and
update the December 19, 2007 Relinquished Fiber Project Plan. The parties will continue
to work collaboratively in an effort to complete the Project as quickly as possible.
4) Section 5(b) of the First Amendment shall continue to apply to the Relinquished Fiber
Process and Timeframe according to the revised timeframes set out herein.
5) Except as expressly set forth in this Second Amendment, all the terms and conditions
set forth in First Amendment and the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed as
of the date first set forth above by their duly authorized representatives.
METROPOLITAN FIBER SYSTEMS OF NEW YORK, INC. |
RCN TELECOM SERVICES, INC. | |||||||
By: | /s/ Xxxxxx X. Xxxxxxx |
By: | /s/ Xxxxxxx X. Xxxxxxxxx | |||||
Name:
|
Xxxxxx X. Xxxxxxx | Name: | Xxxxxxx X. Xxxxxxxxx | |||||
Title:
|
Director, Long Distance Transport Planning | Title: | CTO — Residential | |||||
Date:
|
6/18/08 | Date: | 6/16/08 | |||||