Amendment Number Seven To Application Services Agreement November 15, 2007
Exhibit 10.26
Hawaiian Telcom & Accenture CONFIDENTIAL
Amendment Number Seven
To Application Services Agreement
November 15, 2007
AMENDMENT NUMBER SEVEN
TO APPLICATION SERVICES AGREEMENT
This Amendment Number Seven (“Amendment”), effective as of November 15, 2007 (the “Amendment Effective Date”), is between Hawaiian Telcom Communications, Inc. (“Hawaiian Telcom”) and Accenture LLP (“Accenture”). Accenture and Hawaiian Telcom may be referred to in this Amendment individually as “Party” and together as “Parties.”
The Parties entered into that certain Application Services Agreement, effective as of February 5, 2007 (the “Agreement”), which the Parties amended effective August 31, 2007 by Amendment Number Four. The Parties now desire to amend the Further Amendments section of Amendment Number Four, which section was subsequently amended by Amendment Number Six effective November 2, 2007.
The Parties agree to modify and amend the Agreement, as follows:
1. The “Further Amendments” section of Amendment Number Four is hereby replaced in its entirety by the following:
Further Amendments. During the week of October 15, 2007, representatives of the Parties shall meet to discuss in good faith changes to the Services, the approach to the Services, whether the measurement month for the assessment of the Balanced Scorecard should be changed from August 2007, and any related changes in fees or charges payable pursuant to the Agreement. In connection with such good faith discussions, no later than November 30, 2007, the Parties will, if, and as mutually agreed, execute a Contract Change or Amendment to the Agreement, in either case, to reflect such changes to the Services, the approach to the Services, the measurement month for the assessment of the Balanced Scorecard, and any related changes in fees or charges payable pursuant to the Agreement, if any.
2. Defined Terms: Any terms not defined in this Amendment will have the same meaning as in the Agreement.
3. Effect of Amendment: Unless otherwise amended herein, all terms and conditions of the Agreement, as previously amended, remain unmodified and in full force and effect.
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IN WITNESS WHEREOF, this Amendment has been duly executed by and on behalf of the Parties hereto as of the Amendment Effective Date.
HAWAIIAN TELCOM COMMUNICATIONS, INC.
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Chief Executive Officer |
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November 11, 2007 |
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ACCENTURE LLP |
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Name: |
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Partner |
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Date: |
November 16, 2007 |
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