EXHIBIT 10.05
AMENDMENT NUMBER FOURTEEN TO IRU CAPACITY AGREEMENT
This Amendment Number Fourteen ("Amendment"), effective as of the date signed by
both parties (the "Effective Date"), amends the IRU Capacity Agreement entered
into as of December 19, 1998 between AT&T Corp. ("AT&T"), a New York corporation
with offices at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxx Xxxxxx 00000, and At
Home Corporation, ("@Home"), a Delaware corporation with a principal place of
business located at 000 Xxxxxxxx, Xxxxxxx Xxxx, XX 00000, as previously amended
("the IRU Agreement").
1. The Term of the IRU Agreement is reduced from "20 years from the Acceptance
Date of all Routes listed on Exhibit D", to "fourteen months from the Acceptance
Date of all Routes listed on Exhibit D". The Acceptance Date of all Routes
listed on Exhibit D was May 1, 2000. Accordingly, the last day of the Term will
be June 30, 2001, and the IRU is cancelled as of the end of the day of June 30,
2001.
2. @Home owes to AT&T the sum of seven million, thirty-five thousand, one
hundred eleven dollars ($7,035,111.00), due in connection with Amendments 3, 7,
9, 10 and 12 of the IRU Agreement.
3. In consideration for the reduction of the Term, AT&T will owe to @Home
eighty-five million, two hundred thousand dollars ($85,200,000.00).
4. On or before June 29, 2001, AT&T will pay to @Home the net amount of
seventy-eight million, one hundred sixty-four thousand, eight hundred eighty-
nine dollars ($78,164,889), to be paid by wire transfer. Such payment will
satisfy in full @Home's obligation to AT&T under Section 2 of this Amendment,
and AT&T's obligation to @Home under Section 3 of this Amendment.
5. Except as amended above, the terms of the IRU Agreement remain unchanged.
IN WITNESS WHEREOF, authorized representatives of the parties have executed this
Amendment as of the Effective Date.
AT&T CORP. AT HOME CORPORATION
By: /s/ Xxxxxxx Xxxxxxxxx By: /s/ Xxxxx X. Xxxx
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Title: VP Sales, Service Prod Mkts Title: Chairman & CEO
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Date: 6/19/01 Date: 6/19/01
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