0001104659-07-018220 Sample Contracts

AMENDMENT #12 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. January 20, 2006
Service Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)

This is Amendment #12 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 “Customer”), dated August 25, 2000, as amended (the “Agreement”).

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SECOND AMENDMENT
Second Amendment • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)

This Second Amendment to Lease is made and entered into as of this 24th day of October 2003 by and between Desert Vista, LLC an Arizona limited liability company (“Landlord”) and Mountain Telecommunications, Inc. the (“Tenant”) having a place of business at 7850 South Hardy Drive, Suite 107 and 110, Tempe, Arizona 85281.

INDEFEASIBLE RIGHT OF USE AGREEMENT AND MASTER SERVICE AGREEMENT DARK FIBERS By and Between AGL NETWORKS, LLC and Mountain Telecommunications, Inc. DATED: January 24, 2005
Indefeasible Right of Use Agreement and Master Service Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Arizona

THIS INDEFEASIBLE RIGHT OF USE AGREEMENT (this “Agreement”) is made and entered into as of January 24, 2004, (“Effective Date”) by and between AGL Networks, LLC, a Delaware limited liability company (“AGLN”), and Mountain Telecommunications, Inc., an Arizona corporation (“User”).

LEASE AGREEMENT (Hedden-Empire Building)
Lease Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)

THIS LEASE is made and entered into this 20th day of November, 1998, by and between BRUCE E. LEE and TABLE BUTTE CATTLE COMPANY, a Montana corporation, of 208 North 29th Street, Suite 221, P.O. Box 1222, Billings, MT 59103, hereinafter referred to as “Lessor” and ONE EIGHTY COMMUNICATIONS, INC., a Washington corporation, of 118 North Stevens Street, Spokane, WA 99201, and 210 North 29th Street, Billings, MT 59101, hereinafter referred to as “Lessee”.

AMENDMENT #11 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. December 2, 2005
Carrier Service Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)
INDUSTRIAL LEASE
Rider • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Arizona
AMENDMENT #10 TO CARRIER SERVICE AGREEMENT ESCHELON TELECOM, INC. August 3, 2005
Service Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)

This is Amendment #10 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”).

GRAPHIC] MASTER FIBER LICENSE AGREEMENT
Master Fiber License Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Arizona

This Master Fiber Agreement (this “Agreement”) is entered into by and between Salt River Project Agricultural Improvement and Power District, an agricultural improvement district organized and existing under the laws of the State of Arizona (“SRP”), and Mountain Telecommunications of Arizona, Inc., an Arizona corporation. (“Licensee”) (each a “Party”; jointly, the “Parties”).

SECOND AMENDMENT TO OFFICE LEASE
Office Lease • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone)

be thereafter known as the “Final Plans”. The Final Plans shall include the complete and final layout, plans and specifications for the Suite 101 Expansion Space showing all doors, light fixtures, electrical outlets, telephone outlets, wall coverings, plumbing improvements (if any), data systems wiring, floor coverings, wall coverings, painting, any other improvements to the Suite 101 Expansion Space beyond the shell and core improvements provided by Landlord and any demolition of existing improvements in the Suite 101 Expansion Space. The improvements shown in the Final Plans shall (i) utilize Landlord’s building standard materials and methods of construction, (ii) be compatible with the shell and core improvements and the design, construction and equipment of the Suite 101 Expansion Space, and (iii) comply with all applicable laws, rules, regulations, codes and ordinances.

February 19, 2007 Geoffrey Boyd Chief Financial Officer Eschelon Telecom, Inc. 730 Second Avenue South Suite 900 Minneapolis, MN 55402-2456 Dear Mr. Boyd:
Eschelon Telecom Inc • March 12th, 2007 • Telephone communications (no radiotelephone)

Your existing service agreement will expire on April 30, 2007 and we are extending the termination language in that agreement for another two (2) years or through April 30, 2009.

RIGHT TO USE AGREEMENT
Use Agreement • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Arizona

THIS RIGHT TO USE AGREEMENT, including the attached appendices (collectively, the “Agreement”), is entered into as of the 6th day of December, 2002 (the “Effective Date”) by and between Mountain Telecommunications, Inc., an Arizona corporation with principal place of business at 1430 West Broadway, Suite A-200, Tempe, Arizona, 85282 (“MTI’) and the Salt River Pima-Maricopa Indian Community (“SRPMIC”), on behalf of itself and Saddleback Communications Company (“Saddleback”), a division of SRPMIC with its principal place of business at 10190 East McKellips Road, Scottsdale, Arizona, 85256. MTI and SRPMIC are sometimes referred to herein individually as a “Party” and collectively as “Parties.” As used herein, the term “SRPMIC” shall include Saddleback.

MASTER TERMS AND CONDITIONS FOR LICENSE AGREEMENTS BETWEEN ARIZONA PUBLIC SERVICE COMPANY AND MOUNTAIN TELECOMMUNICATIONS, INC. FOR FIBER OPTIC CABLE ATTACHMENTS
Master Terms • March 12th, 2007 • Eschelon Telecom Inc • Telephone communications (no radiotelephone) • Arizona
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