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EXHIBIT 10.30
AMENDMENT NO. 5
TO
PCS 1900 PROJECT AND SUPPLY AGREEMENT
BETWEEN
WESTERN PCS CORPORATION
AND
NORTHERN TELECOM INC.
Made effective as of this ____ day of September, 1998, by and between Northern
Telecom Inc. ("Seller") and Western PCS Corporation ("Buyer").
WHEREAS, Buyer and Seller entered into a PCS 1900 Project and Supply Agreement
dated June 30, 1995 (as heretofore amended, the "Agreement"); and
WHEREAS, Buyer and Seller now wish to amend the Agreement to modify the Year
2000 warranty therein.
NOW THEREFORE, for good and valuable consideration hereby given, Buyer and
Seller agree to amend the Agreement as follows:
1. Amend Subsection 7.3.1 as follows:
7.3.1 Year 2000 Ready - Warranty. Seller represents and warrants that
Seller's Hardware and/or Software supplied to Buyer under this Agreement, shall
function, during the applicable Warranty Period of the applicable Hardware
and/or Software under this Agreement (but in any event, at least through March
30, 2000), with respect to any date dependent operations, without any material,
service-affecting or operational non-conformance to its applicable
specifications, provided that both any Hardware and/or any specific Software
load or release designated as necessary by Seller has been installed with
respect to such Seller Hardware and/or Software. If Seller's Hardware and/or
Software fails to so function, Buyer's sole remedy and Seller's sole obligation
under this warranty is for Seller, at the earliest practicable time, to correct
such failure through, at Seller's option, the replacement or the repair or
modification of the applicable Hardware and/or Software or such other actions as
Seller reasonably determines to be appropriate.
The foregoing does not constitute a commitment by Seller (a) to otherwise
support the Hardware and/or Software beyond its contractually committed Warranty
Period, or (b) that the date format used by the Hardware and/or Software
complies with any particular standard. Some Seller
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Hardware and/or Software may continue to use year representations which do not
use four digits where such representations can be interpreted without ambiguity
as to century.
2. Ratification of Agreement
Except as specifically modified by this Amendment No. 5, the Agreement
shall in all other respects continue in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be executed
by their duly authorized representatives.
WESTERN PCS CORPORATION NORTHERN TELECOM INC.
By: /s/ Xxx X. Xxxx By: /s/ Xxxxx Xxxxx
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Name: Xxx X. Xxxx Name: Xxxxx Xxxxx
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(Type/Print) (Type/Print)
Title: Vice President, Engineering Title: Vice President and General
---------------------------- Manager, U.S. Region
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Date: 9/17/98 Date: 10/30/98
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