Exhibit 10.02
AMENDMENT NUMBER THREE TO IRU CAPACITY AGREEMENT
This Amendment Number Three ("Amendment"), effective as of the date signed by
both parties (the "Effective Date"), amends the IRU Capacity Agreement
("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, as follows:
1. Under the terms of Section 6.2 of the Agreement, @Home has the right to
request an expansion of the @Home Backbone Network to include a new Route,
referred to in the Agreement as a Route Expansion. @Home has exercised this
right with respect to the four Routes listed below, and the following Additional
Capacity is added to the Capacity provided under the Agreement:
No. City A City Z CLLI Code A CLLI Code Z Miles
1 Anaheim, CA Tucumcari, NM ANHMCA01 TCMCNM02 1266.3
0 Xxxxxxx, XX Xxx Xxxxx, XX ANHMCA01 LSVGNV02 297.0
0 Xxx Xxxxx, XX Xxxxxxxxxxx, XX LSVGNV02 ALBQNMMA 724.9
0 Xxxxxxxxxxx, XX Xxxxxxxxx, XX ALBQNMMA TCMCNM02 244.4
2. The Capacity to be provided on these new Routes initially consists of one
OC-48 on each Route (including network electronics and circuit electronics). As
provided in Section 6.1 of the Agreement, @Home may purchase from AT&T
additional network electronics and circuit electronics in order to increase the
Capacity on the Routes to the Market Equivalent Capacity.
3. The IRU Fee associated with this Route Expansion is $4,835,200. @Home shall
pay $483,520 to AT&T within ten days after the Effective Date, and $4,351,680
within ten days after the Acceptance Date with respect to the Route Expansion.
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/ By: /s/ Xxxx Xxxxx
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Title: Senior Vice President Title: CTO
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Date: 3/29/00 Date: 2/28/00
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