0001015402-04-000387 Sample Contracts

EXHIBIT 1 ASSET PURCHASE AGREEMENT BY AND AMONG GATEWAY.REALTY.NEW JERSEY.LLC, FIBERNET TELECOM GROUP, INC.
Asset Purchase Agreement • February 9th, 2004 • Gateway Realty New Jersey LLC • Telephone communications (no radiotelephone) • New York
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January 30, 2004
Asset Purchase Agreement • February 9th, 2004 • Gateway Realty New Jersey LLC • Telephone communications (no radiotelephone)

Reference is made to Section 7.2(k) of that certain Asset Purchase Agreement dated as of December 31, 2003 (the "Purchase Agreement") by and among gateway.realty.new jersey.llc ("Seller"), Local Fiber, LLC ("Purchaser") and FiberNet Telecom Group, Inc. (the "Company") whereby Seller has agreed to sell, and Purchaser has agreed to purchase, substantially all of the assets of Seller relating to its business of providing colocation services at its carrier point facility located at 165 Halsey Street, Newark, New Jersey 07102 (the "Acquisition"). Capitalized terms not defined herein shall have the meanings ascribed to them in the Purchase Agreement.

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