This Addendum dated as of the 23rd day of March, 1999 is made between Tritel
Communications, Inc. (Tritel) and Galaxy Personal Communications Services Inc.
(Galaxy) and supercedes those provisions agreed to by the parties signed under
the terms and conditions of the "Services Agreement" between Tritel and Galaxy
dated June 1, 1998. All other terms and conditions of the original "Services
Agreement" remain binding upon both parties with the exceptions of the sections
amended below which shall become effective upon the date signed.
Section 1. THE SERVICES
1.3 Time is of the Essence
Tritel and Galaxy acknowledge that the original project schedule
contemplating completion of all activities within fifteen months
per market upon initiation of design activities in each market,
has changed due to new marketing and budget objectives of Tritel.
Galaxy will continue to utilize its best efforts to meet any new
project schedule when it becomes available and agreeable to both
parties.
1.9 Consequences for Delay
This section is to be deleted due to changes in Tritel project
schedule, which led to redesign activities and changes to the
launch dates of markets.
Section 2. COMPENSATION
2.1 Compensation
Tritel will pay Galaxy for services rendered in accordance with
the schedule listed below. This pricing table supercedes the
compensation schedule identified in the original Agreement. Tritel
will compensate Galaxy for services rendered in accordance with
the schedule listed below:
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Service Type Time Staffing Level Price
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Exhibit A RF January 16, 1999 - [CONFIDENTIAL [CONFIDENTIAL
Services December 31, 1999 TREATMENT REQUESTED] TREATMENT REQUESTED](1)
engineers and flat monthly rate(2)
management as including travel and
appropriate living
for approximately 450 expenses. For
turnkey sites and [CONFIDENTIAL
search ring issuance TREATMENT REQUESTED]
in all Phase II and engineers, actual
Phase III markets.(3) travel and living
expenses will be
charged in addition to
the flat monthly rate
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Tritel agrees to the fees and volume of resources outline above
for Galaxy's professional services until December 31, 1999. This
schedule will remain in effect unless Galaxy is notified by Tritel
sixty (60) days in advance of any staffing reduction at which time
Tritel will define the number and type of engineering resource
required to fulfill the remaining terms of this Services
Agreement.
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(1) Includes expenses as described in Exhibit B.4 Travel Expenses in the
original Tritel-Galaxy Services Agreement dated June 1, 1998.
Extraordinary travel, particularly during optimization phases of
project billed at [CONFIDENTIAL TREATMENT REQUESTED].
(2) Monthly rate includes a maximum hourly component of 9 hours per day per
man assuming a five-day workweek. Additional hours billed at hourly
rates as described at Exhibit B.1.3 Hourly Engineering Services Rate in
the original Tritel--Galaxy Services Agreement dated June 3, 1998.
(3) Phase II Markets Include: Mobile, Pascagoula/ Biloxi/ Gulport,
Hattiesburg, Meridian, Laurel, Anniston, Tuscaloosa, Tupelo. Phase III
Markets Include: Xxxxxxxx, Xxxxxxx, Xxxxx, Dothan, Corinth, Starkville,
Greenville, Natchez, XxXxxx/ Brookhaven.
At Tritel's option, Tritel may increase the number of Galaxy engineering
resources on the project team with thirty (30) days notice to Galaxy of Tritel's
intent to add to the team of twenty-eight full-time staff members. The rate to
add each resource is listed in Schedule B.1.3. of the Services Agreements
between Tritel and Galaxy signed June 1 and August 27, 1998 and would not
require a commitment for the duration of 1999. Tritel would be required to
provide Galaxy thirty (30) days notice prior to releasing those additional
resources from the project.
Section 13. EVENT OF DEFAULT
Delete (iii) This section to be deleted due to changes in project scope.
Delete (v) This section to be deleted due to changes in project scope.
Exhibit B. Compensation
B.1.1 This section to be deleted due to changes in project scope. As of
June 10, 1999, no fixed rate fees are due and owing to Galaxy
Engineering.
B.1.2 This section to be deleted due to changes in project scope.
The parties have executed this amendment of Agreement as of the date first set
forth below:
Tritel Communications, Inc. Galaxy Personal Communications
Services, Inc.
By: By:
Name: Xxxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx, Xx.
Its: President Its: President
Date: 6-21-99 Date:
