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EXHIBIT 10.29
***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.***
FIRST ADDENDUM TO SERVICE AGREEMENT
THIS FIRST ADDENDUM ("Addendum") to that certain agreement for provision for
telecommunication services is entered into by and between Knology (formerly
known as Cybernet), a Georgia Corporation, with offices located in Xxxx Xxxxx,
Xxxxxxx ("Customer") and DELTACOM, INC., an Alabama corporation, with offices
located in Arab, Alabama ("DeltaCom").
WITNESSETH
WHEREAS, DeltaCom provides telecommunications Services to Customer pursuant to
that certain agreement for the provision of telecommunications services dated
April 3, 1997 entered into by and between Customer and DeltaCom ("Agreement");
and
WHEREAS, the parties to the Agreement desire to add certain terms and conditions
to the Agreement to further the relationship between the parties.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and in the Agreement, DeltaCom and Customer agree as follows:
1. Additional Terms.
1.1 Calling Card Printing
DeltaCom will provide batch card printing to Customer with the
following requirements: Customer will provide the plastic card stock
and is responsible for the reorder of plastic card stock. A minimum of
3 weeks will be required to have cards reordered. A minimum charge of
[___] per order will be applied which will cover up to [___] cards.
These charges only apply to printing on one side of the card. The card
stock should have the dialing instruction preprinted on the back side
of the card. Information required to print the cards must be provided
to DeltaCom on diskette. For over [___] cards, the following rates
apply:
# of Cards Per card
-----------------------------------
[________] [_____]
[________] [_____]
[____________] [_____]
1.2 CallingCard Service
DeltaCom will originate and terminate the calling card service for
Customer. The card numbers will reside in DeltaCom's switches and will
be supplied to Customer in batch orders. Customer will be allowed two
active universal toll free numbers for calling card access. Customer
will be responsible for all calls on the card numbers issued to
Customer. Customer should notify DeltaCom immediately when Customer
suspects fraudulent calls on any of their assigned calling cards.
Periodically, DeltaCom will request Customer to deactivate calling
cards that have not had usage for a period of 6 months.
Rates for Calling Card Service is: [__________________________] for
domestic originated and completed calling card calls,
[_______________] for Canada originated and domestic completed.
2
1.3 Prepaid Cards
Production costs [________________] cards
Custom voice recordings [______] per recording
Usage rate: [_____] per minute (includes inbound, outbound, platform
processing)
2. Effective Date. The terms and conditions of this Addendum shall become
effective on the date this Addendum is last signed below.
3. Term. The term of this Addendum shall coincide with the Term of the
Agreement.
4. Other Terms and Conditions. All other terms and conditions of the Agreement
shall remain in full force and effect, as if fully stated therein.
5. Conflict. If there are any conflicting terms or conditions between the terms
and conditions of this Addendum and the terms and conditions of the Agreement,
the terms and conditions of this Addendum shall control.
6. Entire Agreement. Any and all prior agreements made with Customer, whether
written or oral, regarding the subject matter of this Addendum shall be
superseded by this Addendum. Exclusive of any tariff modifications initiated by
DeltaCom, once this Addendum has been executed, any amendments hereto must be
made in writing and signed by both parties.
IN WITNESS WHEREOF, Customer and DeltaCom have executed this Addendum to the
Service Agreement, by their duly authorized representatives, on the day and year
indicated below.
DELTACOM: CUSTOMER
DeltaCom, Inc. Knology
By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
----------------------------- -------------------------
Name: Xxxxx X. Xxxxx Name: Xxxxxx X. Xxxxxx
-----------------------
Title: Vice President Title: Vice President
Special Markets ----------------------
Date: 7-7-97 Date: 7-2-97
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Witness: /s/ Xxxx X. Xxxxxx Witness: /s/ Xxx Xxxxxxxxx
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