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EXHIBIT 10.84
CHANGE ORDER NO. 1 TO THE CONSTRUCTION SERVICES AGREEMENT
Basis for Request:
Mutual agreement between Xxxx Xxxxxxxx of MWR Telecom, Inc. (MWR) and Xxxxx
Xxxxxxx of MFS Network Technologies, Inc. (MFSNT) to amend the CSA as follows:
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Scope of Change:
Add the following articles:
Article 4.11 "MATERIAL ONLY PURCHASES" MFS will invoice MWR for MFS' actual
material cost plus a xxxx-up of 12.5%. Also, the value of this service will
apply toward the Phase I Commitment.
Article 5.5(n) "POLE ATTACHMENT AGREEMENTS" Both parties agree that the costs
associated will obtaining pole attachment agreements and rights-of-way will be
billed as a direct cost under the cost plus billing approach.
Article 5.5(o) "MFS PERFORMED FOTS ROOM WORK" MFS will perform the room
survey and layouts for each end point MFS constructs. The costs associated
with this service will be treated as a direct cost under the cost plus billing
approach.
Article 32.1 "NON-SOLICITATION OF EMPLOYEES" During the term of this
Agreement and for a period of two (2) years following the termination of this
Agreement, MWR Telecom, its parent, affiliates and subsidiaries shall not make
an offer of employment to, nor employ, nor enter into a consulting agreement
with any person who was employed by MFS at any time during the preceding one
(1) year period, except with the prior written consent of MFS. The term of
this provision shall survive the termination of the Agreement for any reason."
During the term of this Agreement and for a period of two (2) years following
the termination of this Agreement, MFS Network Technologies, Inc., its parent,
affiliates and subsidiaries shall not make an offer of employment to, nor
employ, nor enter into a consulting agreement with any person who was employed
by MWR at any time during the preceding one (1) year period, except with the
prior written consent of MWR. The term of this provision shall survive the
termination of the Agreement for any reason."
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Cost Estimate:
Total CSA Amount: $10,000,000.00
Change Order Xx. 0 Xxxxxx: x0.00
Xxx XXX Xxxxxx: $10,000,000.00
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Approval:
MWR TELECOM, INC.
/s/ XXXX XXXXXXXX 11/10/95
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Xxxx Xxxxxxxx, Xx. Vice President Date
MFS NETWORK TECHNOLOGIES, INC.
/s/ XXXXX X. XXXXXXX 11/22/95
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Xxxxx V, Xxxxxxx, Vice President/ Date
Construction
