EXHIBIT 10.63
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***PORTIONS OF THIS EXHIBIT MARKED BY BRACKETS ("[_____]") OR OTHERWISE
IDENTIFIED HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
THE OMITTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.***
[LOGO]
[LETTERHEAD OF MCI]
FIFTH AMENDMENT TO
MCI CARRIER AGREEMENT
This Fifth Amendment is made as of this 10 day of April, 1996, between MCI
Telecommunications CORPORATION ("MCI") and ASSOCIATED COMMUNICATIONS COMPANIES
OF AMERICA (ACCA) ("Customer"), an association of carriers which are subject to
the Communications Act of 1934, as amended, with offices located at 000 Xxxxxxxx
Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx 00000.
WHEREAS, Customer and MCI entered into an MCI Carrier Agreement, signed by MCI
on November 9, 1995, as heretofore amended (as amended, the "Agreement"); and
WHEREAS, Customer and MCI desire to enter into this Fifth Amendment for the
purpose of further amending the Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiently of which are hereby acknowledged, Customer and MCI agree as
follows:
1. THE CHART APPEARING IN PARAGRAPH 8 OF THE AGREEMENT IS HEREBY AMENDED
TO READ AS FOLLOWS:
Monthly Usage Discount
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2. PARAGRAPH 10(B) OF THE AGREEMENT IS HEREBY DELETED IN ITS ENTIRETY AND
REPLACED WITH THE FOLLOWING:
(b) For the second credit, Customer's actual monthly usage billing
(exclusive of usage in Paragraph 7(h), switched 56Kbps service)
during August, September, October and November 1996 shall be added
together and divided by four (4). The credit amount shall be applied
to the December 1996 invoice and shall not exceed [_______________
___________________]. When referenced in this Paragraph 10, actual
monthly usage billing shall exclude Additional DeltaCom Usage and
MCI services where no rates are listed in this Agreement for the MCI
service and where Members pay standard tariffed rates after
application of tariffed discounts.
MCI CONFIDENTIAL
4. The terms of this Fifth Amendment will become effective, upon
execution and delivery by both parties hereto.
5. Except as expressly provided in this Fifth Amendment, all of the terms
and conditions contained in the Agreement shall remain in full force and effect.
6. This Fifth Amendment, together with the Agreement, is the complete
agreement of the parties and supersedes all other prior agreements and
representations concerning its subject matter.
7. This offer will remain open and be capable of being accepted by
Customer until April 15, 1996. Any and all prior offers made to Customer,
whether written or oral, shall be superseded by this offer. Any further
amendments must he in writing and signed by both parties.
ASSOCIATED COMMUNICATION MCI TELECOMMUNICATIONS
COMPANIES OF AMERICA (ACCA) CORPORATION
/s/ Xxxx Xxxxxxx /s/ Xxx Xxxxxxxxx
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Authorized Signature
Xxxx Xxxxxxx Vice Pres Xxx Xxxxxxxxx, Director
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Print Name and Title Print name and Title
4/10/96 4/19/96
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Date Date
