EXHIBIT 10.50
CONFIDENTIAL TREATMENT REQUESTED
SIXTH AMENDMENT TO MASTER FACILITIES AGREEMENT
AND ASSIGNMENT AND ASSUMPTION
This Amendment to the Master Facilities Agreement (the "Facilities
Agreement") between Fiber Technologies Operating Company, LLC and Choice One
Communications Inc. dated May 31, 2000 is entered into as of the twenty ninth
day of October 2002 between FIBER TECHNOLOGIES CONSTRUCTION COMPANY, L.L.C.
F/K/A/ FIBER TECHNOLOGIES OPERATING COMPANY, LLC ("FTCC"), a Delaware limited
liability company having its principal place of business at 000 Xxxxxx Xxxxx
Xxxx, Xxxxxxxxx, Xxx Xxxx 00000, FIBER TECHNOLOGIES NETWORKS, L.L.C. ("FTN"), a
New York limited liability company having its principal place of business at 000
Xxxxxx Xxxxx Xxxx, Xxxxxxxxx, Xxx Xxxx 00000 and CHOICE ONE COMMUNICATIONS INC.
("CHOICE"), a Delaware corporation having its principal place of business at 000
Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxx, Xxx Xxxx 00000 (hereinafter, each
individually, "Party," and collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into the Facilities Agreement dated May
31, 2000, which Facilities Agreement governs the rights and obligations of the
Parties; and
WHEREAS, it is in the mutual interest of the Parties to amend the
Facilities Agreement to replace certain language, as indicated below, of the
original Agreement and
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties
hereto agree as follows:
1. Amendment.
[Confidential treatment sought for this provision]
Portions of this agreement have been omitted and filed separately with the
Commission pursuant to an application for confidential treatment under Rule
24b-2.
IN WITNESS WHEREOF the parties have executed this Sixth Amendment to the
Facilities Agreement as of __________, 2002.
FIBER TECHNOLOGIES
CONSTRUCTION COMPANY L.L.C. f/k/a FIBER
TECHNOLOGIES OPERATING COMPANY, LLC
By: FIBERTECH NETWORKS,
LLC
By: /s/ Xxxxx Xxxxxxx
-----------------------------------------
Xxxxx Xxxxxxx, Chief Operating Officer
FIBER TECHNOLOGIES NETWORKS, L.L.C.
By: FIBERTECH NETWORKS, LLC
By: /s/ Xxxxx Xxxxxxx
-----------------------------------------
Xxxxx Xxxxxxx, Chief Operating Officer
CHOICE ONE COMMUNICATIONS INC.
By: /s/ Xxxxx X. Xxxxxx
-----------------------------------------
Xxxxx X. Xxxxxx
President and CEO