AMENDMENT NO. 3 TO INTERNET SERVICE RESALE AGREEMENT
This AMENDMENT NO. 3 (the "Amendment") to the INTERNET SERVICE RESALE
AGREEMENT is entered into effective September 1, 2001 (the "Effective Date"), by
and among SBC Communications Inc., SBC Internet Communications, Inc., Prodigy
Communications Corporation and Prodigy Communications Limited Partnership.
Capitalized terms used but not defined herein shall have the meaning assigned to
them in the Internet Service Resale Agreement.
Whereas, the Parties have entered into an Internet Service Resale
Agreement dated as of January 1, 2001 (the "Resale Agreement");
Whereas, Section 11.6 of the Resale Agreement permits the Parties to
vary, amend or extend the Resale Agreement by written agreement executed and
delivered by duly authorized officers or representatives of the respective
Parties;
Whereas, the Parties desire to Amend the Resale Agreement to provide
that consumer and small business customers that access services of SBC and SBC
Sub under the Resale Agreement using dial-up Integrated Services Digital Network
will become customers of SBC and SBC Sub and in all other respects will be
considered to be Business Customers that use Narrowband Access under the Resale
Agreement;
Whereas, the Parties each desire that, except to the extent amended by
this Amendment, all terms of the Resale Agreement as amended from time to time
shall remain in full force and effect without change or modification.
NOW, THEREFORE, in consideration of the mutual agreements of the
Parties contained herein and in the Resale Agreement, the Parties hereto agree
as follows:
1. SECTION 3.1
A new Section 3.1(e) shall be added as follows:
(e) Integrated Services Digital Network ("ISDN") dial-up
service used to access services of SBC and SBC Sub under the Resale
Agreement is a form of Narrowband Access. Consumer and small business
customers that access such services using ISDN dial-up shall be
considered to be Business Customers for purposes of the Resale
Agreement. Prodigy shall provide the Resold Prodigy Service to SBC for
such Business Customers pursuant to Section 3.4 of the Resale
Agreement.
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IN WITNESS WHEREOF, the Parties have caused this Amendment NO. 3 to be
duly executed in its name and on its behalf, this ______ day of ___________
2001.
SBC COMMUNICATIONS INC.
By:
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Name:
Title:
SBC INTERNET COMMUNICATIONS, INC.
By:
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Name:
Title:
PRODIGY COMMUNICATIONS CORPORATION
By:
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Name: Xxxx Xxxx
Title: CEO and President
PRODIGY COMMUNICATIONS LIMITED PARTNERSHIP
By: Prodigy Communications Corporation, as
general partner of Prodigy
Communications Limited Partnership
By:
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Name: Xxxx Xxxx
Title: CEO and President
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