CARRIER SERVICE AGREEMENT BETWEEN GLOBAL CROSSING BANDWIDTH, INC. AND ESCHELON TELECOM, INC.Carrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • New York
Unless otherwise stated in a pricing schedule, (i) domestic dedicated outbound calls are billed in six second increments, and (ii) international dedicated outbound calls are billed in six second increments after a 30 second minimum (calls to Mexico are billed in one minute increments).
STOCK RESTRICTION AGREEMENTStock Restriction Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Delaware
THIS STOCK RESTRICTION AGREEMENT (the “Agreement”) is made as of the 7th day of February, 2003, by and between ESCHELON TELECOM, INC., a Delaware corporation (the ”Company”), and Anthony Cassara (the “Shareholder”). The restrictions in this Agreement are in addition to those in the Fourth Amended Stockholders Agreement, dated as of June 27, 2002, as may be amended or replaced from time to time, to which the Shareholder is a party (the “Stockholders’ Agreement”).
AMENDMENT #3 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. June 25, 2001Carrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This is Amendment #3 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., on behalf of itself and its affiliates that may provide a portion of the services hereunder (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).
AMENDMENT #1 TO CARRIER SERVICE AGREEMENTCarrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This is Amendment #1 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc. f/k/a Frontier Communications of the West, Inc. (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon”), dated August 25, 2000, as amended (the “Agreement”).
CARRIER GLOBAL SERVICES AGREEMENTCarrier Global Services Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • New York
This Global Services Agreement, (the “GSA” or “Agreement”), is made by and between MCI WORLDCOM Communications, Inc., a Delaware corporation with offices at 500 Clinton Center Drive, Clinton, Mississippi 39056, (“MCI WorldCom Communications”) and Eschelon Telecom, Inc., a Delaware corporation with offices at 730 2nd Avenue South, Suite 1200, Minneapolis, Minnesota 55402 (“Customer”). MCI WorldCom Communications is acting on behalf of each MCI WorldCom Communications affiliate to the extent that services referred to in this GSA are provided by one or more such affiliates. This GSA incorporates by reference the attached schedules (referred to collectively herein as the “GSA Schedules”). MCI WorldCom Communications or the providing affiliate (“MCI WorldCom”) shall provide to Customer and Customer shall purchase from MCI WorldCom those service(s) and associated equipment (the “Services”) described in Schedule Three through Schedule Eight of this Agreement (the “Service Schedules”) at the r
LEASE FOR STORAGE NORTHSTAR CENTER Minneapolis, MinnesotaLease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
2ND AMENDMENT OF LEASE FOR STORAGELease • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS 2ND AMENDMENT OF LEASE FOR STORAGE (“2nd Amendment”) is made on March 27, 1998, between T.H.S. NORTHSTAR ASSOCIATES LIMITED PARTNERSHIP (“Landlord”), whose address is 450 Fisher Building, 3011 W. Grand Blvd., Detroit, Michigan 48202-3099 and FISHNET.COM, INC. (“Tenant”), whose address is 625 Marquette Avenue South, Minneapolis, Minnesota 55402.
LEASE FOR STORAGE NORTHSTAR BUILDING MINNEAPOLIS, MNLease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
AMENDMENT #2 TO CARRIER SERVICE AGREEMENTCarrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This is Amendment #2 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., on behalf of itself and its affiliates that may provide a portion of the services hereunder, formerly known as Frontier Communications of the West, Inc. (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).
Internet Dedicated Service Agreement And Service Order FormInternet Dedicated Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This Internet Dedicated Service Agreement (“Agreement”) is comprised of the Initial Service Order Form and Pricing Schedule, the Service Description, the General Terms and Conditions, and any other exhibits, schedules, and appendices incorporated herein by reference, plus any subsequent Service Order Form(s) submitted by Customer(1). This Agreement will be effective upon execution by both parties (the “Effective Date”). The “Term” of this Agreement shall begin on the Effective Date and end with the last expiring or terminating Service Term (defined below) selected under any Service Order Form. Acceptance of this Agreement by UUNET is subject to Customer meeting UUNET’s standard credit terms and conditions, which may be based on commercially available credit reviews and to which Customer hereby consents.
LEASE Between ALCO INVESTMENT COMPANY, a Washington corporation (“Landlord”) and ADVANCED TELECOMMUNICATIONS, INC., a Delaware corporation (“Tenant”)Lease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Oregon
THIS LEASE is made and entered into this 19th day of November, 1999, between ALCO INVESTMENT COMPANY, a Washington corporation (“Landlord”), and ADVANCED TELECOMMUNICATIONS, INC., a Delaware corporation(“Tenant”).
LEASE FOR STORAGE NORTHSTAR BUILDING MINNEAPOLIS, MNLease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
ADVISORY AGREEMENTAdvisory Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Minnesota
THIS ADVISORY AGREEMENT (“Agreement”), effective as of June 27, 2002, is made as of March 15, 2004, by and among ESCHELON TELECOM, Inc., a Delaware corporation (the “Company”), with principal offices at 730 Second Avenue South Suite 1200, Minneapolis, MN 55402, and the primary investors in the Company’s Series A Convertible Preferred Stock (the “Preferred Stock”) identified on Schedule A attached hereto, (collectively, the “Investors”; the Company and the Investors may hereinafter be referred to individually as a “Party” and collectively as the “Parties”).
AMENDMENT #7 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC.Carrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This is Amendment #7 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).
3RD AMENDMENT OF LEASE FOR STORAGELease • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS 3RD AMENDMENT OF LEASE FOR STORAGE (“3rd Amendment”) is made April 30, 1999, between T.H.S. Northstar Associates Limited Partnership, a Minnesota limited partnership (“Landlord”), whose address 608 Second Avenue South, Minneapolis, MN 55402 and FISHNET.COM, INC. (“Tenant”), whose address is 608 Second Avenue South, Suite #167, Minneapolis MN 55402.
FIRST AMENDMENT TO LEASEOffice Lease • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This First Amendment to Office Lease (“First Amendment”) is dated for reference purposes this 17th day of March, 2003, between SOFI IV SIM OFFICE INVESTORS II, L.P., a Delaware limited partnership (“Landlord”) and ESCHELON TELECOM, INC., a Delaware corporation, formerly known as Advanced Telecommunications, Inc., a Delaware corporation (“Tenant”).
FOURTH AMENDED AND RESTATED STOCKHOLDERS AGREEMENTStockholders Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Delaware
Therefore, in consideration of the promises and mutual covenants contained in this Agreement the parties hereby agree as follows:
STANDARD OFFICE LEASE AGREEMENT (GROSS)Standard Office Lease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Minnesota
Upon breach of any covenant set forth in this Paragraph 4 by Licensee, Licensor may, at its option, and in addition to Licensor’s remedies provided in paragraph 5 hereof, charge Licensee the sum of $25.00 for each day of any such violation, and/or may tow or have towed any automobile which is parked in violation of any covenant set forth in this paragraph 4, and in such case Licensee agrees to pay Licensor as an additional license fee hereunder all towing and storage costs associated with said towing.
CHANGE-IN-CONTROL SEVERANCE PAY AGREEMENTChange-in-Control Severance Pay Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Minnesota
THIS AGREEMENT is made this 21st day of April, 1999, by and between ADVANCED TELECOMMUNICATIONS, INC., a Minnesota corporation (the “Company”) and DAVID A. KUNDE (the “Executive”).
AMENDMENT #5 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. April 25, 2002Carrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This is Amendment #5 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).
WORLDCOMSM INTERNET DEDICATED T3 PRICE-PROTECTED AGREEMENTWorldcomsm Internet Dedicated T3 Price-Protected Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
Prices above are for service in the contiguous United States and do not include any telco line charges, equipment costs, or network applications fees.(4)
RESTRICTED STOCK GRANT AGREEMENT UNDER THE ESCHELON TELECOM, INC. 2002 STOCK INCENTIVE PLANRestricted Stock Grant Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Delaware
This Restricted Stock Grant Agreement (the “Agreement”) evidences the award of restricted shares of the Common Stock of the Company (each, an “Award Share,” and collectively, the “Award Shares”) granted to (the “Employee”) by Eschelon Telecom, Inc., a Delaware corporation (the “Company”), effective as of , (the “Grant Date”), pursuant to the Eschelon Telecom, Inc. 2002 Stock Incentive Plan (the “Plan”), is and conditioned upon the Employee’s agreement to the terms described below. All of the provisions of the Plan are expressly incorporated into this Agreement.
BAKER CENTER LEASE OF OFFICE SPACELease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Minnesota
INTERNET DEDICATED SERVICE AGREEMENT AND SERVICE ORDER FORMInternet Dedicated Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • New York
This Internet Dedicated Service Agreement (“Agreement”) is comprised of the Initial Service Order Form and Pricing Schedule, the Service Description, the General Terms and Conditions, and any other exhibits, schedules, and appendices incorporated herein by reference, plus any subsequent Service Order Form(s) submitted by Customer(1). This Agreement will be effective upon execution by both parties (the “Effective Date”). The “Term” of this Agreement shall begin on the Effective Date and end with the last expiring or terminating Service Term (defined below) selected under any Service Order Form. Acceptance of this Agreement by UUNET is subject to Customer meeting UUNET’s standard credit terms and conditions, which may be based on commercially available credit reviews and to which Customer hereby consents.
AMENDMENT #6 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. July 12, 2002Carrier Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
This is Amendment #6 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).
1ST AMENDMENT OF LEASE FOR STORAGELease • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS 1ST AMENDMENT OF LEASE FOR STORAGE (“1st Amendment”) is made on March 10, 1998, between T.H.S. NORTHSTAR ASSOCIATES LIMITED PARTNERSHIP (“Landlord”), whose address is 450 Fisher Building, 3011 W. Grand Blvd., Detroit, Michigan 43202-3099 and FISHNET.COM, INC., a Minnesota corporation (“Tenant”), whose address is Suite SB-52, 625 Marquette Avenue South, Minneapolis, Minnesota 55402.
SECOND AMENDMENT TO CARRIER GLOBAL SERVICES AGREEMENTCarrier Global Services Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS SECOND AMENDMENT TO MCI WORLDCOM CARRIER GLOBAL SERVICES AGREEMENT (hereinafter referred to as the “Second Amendment”) is entered into as of the dates, set forth below, by and between MCI WORLDCOM Communications, Inc. (“MCI WorldCom”) and Eschelon Telecom, Inc. (“Customer”). For the purposes of this Second Amendment, the “Effective Date” of the rates, discounts, charges and credits set forth herein shall be the first day of the first full billing cycle following the acceptance and execution of this Second Amendment by MCI WorldCom (“Second Amendment Effective Date”). Acceptance of this Second Amendment by MCI WorldCom is subject to Customer meeting the terms and conditions set forth in the Tariff and MCI WorldCom’s standard credit terms and conditions, which may be based on commercially available credit reviews to which Customer hereby consents.
LEASE AGREEMENT BETWEEN SEATTLE TELECOM LLC A Limited Liability Company of the State of Delaware AND Advanced Telecommunications, Inc. A Delaware Corporation DATED: December 20, 1999 PREPARED BY: SCHUMANN, HANLON, DOHERTY, McCROSSIN & PAOLINO JERSEY...Lease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Washington
THIS LEASE dated December 20, 1999 made by and between SEATTLE TELECOM LLC, a limited liability company of the State of Delaware, having offices at 750 Lexington Avenue, 28th Floor, New York, New York 10022 (“Landlord”) and ADVANCED TELECOMMUNICATIONS, INC., a Delaware Corporation, having an office at 730 Second Avenue South, Suite 1200, Minneapolis, Minnesota 55402 (“Tenant”).
November 14, 2002 Geoffrey Boyd Chief Financial Officer Eschelon Telecom, Inc.Service Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
LEASE AGREEMENTLease Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS LEASE (the “Lease”) is executed this 21st day of May, 1999, by and between DUKE REALTY LIMITED PARTNERSTHIP, an Indiana limited partnership (“Landlord”), and CADY COMMUNICATIONS, INC., a Minnesota corporation (“Tenant”)
CHANGE-IN-CONTROL SEVERANCE PAY AND EMPLOYMENT AGREEMENTChange-in-Control Severance Pay and Employment Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Minnesota
THIS AGREEMENT is made this 22nd day of November, 2002, by and between ESCHELON TELECOM, INC., a Delaware corporation (the “Company”) and RICHARD A. SMITH (the “Officer”).
OFFICE LEASE SOFI-IV SIM OFFICE INVESTORS II, LIMITED PARTNERSHIP Landlord And Advanced Telecommunications, Inc. a Delaware corp. Tenant Dated: December 1, 1999Office Lease • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Arizona
SOFI-IV SIM OFFICE INVESTORS II LIMITED PARTNERSHIP, an Delaware limited partnership (“Landlord”), hereby leases the Premises described below, for the Term and on the terms and conditions set forth in this Lease, to:
4TH AMENDMENT OF LEASE FOR STORAGELease for Storage • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS 4TH AMENDMENT OF LEASE FOR STORAGE (“4th Amendment”) is made on October 31, 2000, between T.H.S. Northstar Associates Limited Partnership, a Minnesota limited partnership (“Landlord”), whose address 608 Second Avenue South, Minneapolis, Minnesota 55402 and Eschelon Telecom of Minnesota, Inc., a Minnesota corporation (f/k/a Cady Communications, Inc., f/k/a Fishnet.com, Inc.) (“Tenant”), whose address is 608 Second Avenue South, Suite 167, Minneapolis, Minnesota 55402.
FIRST AMENDMENT TOCarrier Global Services Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS FIRST AMENDMENT TO MCI WORLDCOM CARRIER GLOBAL SERVICES AGREEMENT (hereinafter referred to as the “First Amendment”) is entered into as of the dates, set forth below, by and between MCI WORLDCOM Communications, Inc. (“MCI WorldCom”) and Eschelon Telecom, Inc. (“Customer”). For the purposes of this First Amendment, the “Effective Date” of the rates, discounts, charges and credits set forth herein shall be the first day of the first full billing cycle following the acceptance and execution of this First Amendment by MCI WorldCom (“First Amendment Effective Date”). Acceptance of this First Amendment by MCI WorldCom is subject to Customer meeting the terms and conditions set forth in the Tariff and MCI WorldCom’s standard credit terms and conditions, which may be based on commercially available credit reviews to which Customer hereby consents.
THIRD AMENDMENT TO CARRIER GLOBAL SERVICES AGREEMENTCarrier Global Services Agreement • April 26th, 2004 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
THIS THIRD AMENDMENT TO MCI WORLDCOM CARRIER GLOBAL SERVICES AGREEMENT (hereinafter referred to as the “Third Amendment”) is entered into as of April 1, 2003 (the “Effective Date”) by and between MCI WORLDCOM Communications, Inc. (“WorldCom”) and Eschelon Telecom, Inc. (“Customer”). Acceptance of this Third Amendment by WorldCom is subject to Customer meeting the terms and conditions set forth in the Tariffs, the Guide and WorldCom’s standard credit terms and conditions, which may be based on commercially available credit reviews to which Customer hereby consents.
