EXHIBIT 10.9
Mr. B. R. Xxxxxxxx III May 29 1992
National Rural Telecommunications Cooperative
0000 Xxxxxxxxxxx Xxx
Xxxxx 000
Xxxxxxx, XX 00000
Reference: DBS Distribution Agreement Dated April 10, 1992 Between Xxxxxx
Communications Galaxy, Inc. (HCG) and the National Rural
Telecommunications Cooperative (NRTC), as amended (the "Agreement")
Dear Xxx,
In accordance with Section 1.05 (b) of the Agreement, HCG hereby approves as
final, the form of Exhibit 1.01(b) (iii) (4) provided with your letter dated May
26, 1992 (the "Exhibit") subject to the following:
(1) Subject to reinstatement by later amendment of the Exhibit as
described below, any zip codes listed in the Exhibit for which the
number of Eligible Residences is left blank shall be removed from the
Exhibit at this time.
(2) Subject to reinstatement by later amendment of the Exhibit as
described below, any zip codes listed in the Exhibit which lie within
the 200 most populous MSA counties (as listed in Attachment 1 of this
letter) shall be removed from the Exhibit at this time.
It is understood that in accordance with Section 1.01(b) (iii) (4) of the
Agreement, the identification of zip codes in the Exhibit may be amended by NRTC
to correct omissions of any zip codes in which electric or telephone utility
service is provided by a Member as of the Execution Date of the Agreement; it
being further understood that all amendments shall be considered to be
consistent with the numeric and geographic limitations (by zip code) set forth
in the Exhibit. In addition, HCG and NRTC agree that Section 1.01(b) (iii) (4)
of the Agreement shall be amended such that NRTC may correct such omissions
within one hundred fifty (150) days from the Execution Date (i.e., September 7,
1992) rather than one hundred twenty (120) days as stated in the Agreement.
NRTC shall provide HCG with no less than 3 days prior written notice of any
amendments to the Exhibit.
If you are in agreement with the conditions set forth above, please so
acknowledge by signing below and returning a signed copy of this letter to me.
We will consider the condition precedent set forth in Section 1.03(b) of the
Agreement to be satisfied upon receipt of a signed copy of this letter.
Sincerely,
/s/ Xxxxx Xxxx
Xxxxx Xxxx
Acknowledged and agreed to:
_________________________ Date:__________
By:
Title:
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