PROPRIETARY AND CONFIDENTIAL AMENDMENT NO. 3 TO DIAL ACCESS SERVICES AGREEMENT
Confidential
Treatment Requested by Pac-West Telecomm, Inc.
PROPRIETARY
AND CONFIDENTIAL
AMENDMENT
NO. 3
TO
THIS
AMENDMENT No. 3
to Dial
Access Services Agreement (this “Amendment’) is effective as of May 21, 2003
(the “Amendment Effective Date”) by and between Qwest
Communications Corporation
(“Customer”) and Pac-West
Telecomm, Inc.
(“Pac-West”). Pac-West and Customer are sometimes collectively referred to
herein as the “Parties.” All defined or capitalized terms used herein shall have
the same meanings ascribed to them in the Agreement, unless specifically
otherwise provided in this Amendment No. 3.
WHEREAS,
Pac-West and Customer entered into that certain Dial Access Services Agreement
effective as of January 31, 2002 (the “Agreement”);
WHEREAS,
the
Parties have modified the Agreement by entering into Amendment No. 1
and
Amendment No. 2 to Dial Access Services Agreement;
WHEREAS,
the
Parties desire to further modify the Agreement as more particularly described
below.
NOW,
THEREFORE,
in
consideration of the mutual promises and covenants herein and in the Agreement,
the Parties agree as follows:
1. Customer
shall be permitted to order ports in the Reno, NV market. Pac-West has approved
the use of 5 NAS (Network Access Server) boxes in Stockton to be used for Reno
orders, and additional units may be approved for use with Reno orders if
mutually agreed upon in writing between the parties. For all Reno ports, there
will be a $3 per port monthly premium for backhaul added to Customer’s standard
port price as outlined in item 9 of Amendment No. 2.
2. Customer
shall be permitted to order ports in the Las Vegas, NV market. Pac-West has
approved the use of 2 NAS boxes for use with Las Vegas orders, and additional
units may be approved for use with Las Vegas orders if mutually agreed upon
in
writing between the parties. For all Las Vegas ports, there will be a [**]
per
port monthly premium for backhaul added to Customer’s standard port price as
outlined in item 9 of Amendment No. 2.
3. The
term
of this Amendment shall be coterminous with the term specified in Amendment
No. 2.
4. Pac-West
shall allow Customer to use NAS boxes 86, 87, and 88 located in the Los Angeles
3 POP and NAS boxes 124, 125, 126, 127, 128, and 129 located in Oakland, and
additional NAS boxes that are mutually agreed upon in writing between the
parties to terminate Customer supplied PRI. All port commitments outlined in
the
Agreement shall remain unchanged. Pac-West shall continue to ▇▇▇▇ Customer
for
all port commitments as outlined in Schedule 1, Exhibit 4, of
Amendment No. 2, regardless of whether the PRI is supplied by Pac-West
or
by Customer.
Confidential
Information Redacted and Filed Separately with the Commission. Omitted
Portions
Indicated by [**].
Confidential
Treatment Requested by Pac-West Telecomm, Inc.
5. In
the
event Customer desires Pac-West to supply PRI with the NAS equipment outlined
in
item 4 above, Customer shall provide Pac-West with sixty (60) days advance
written notice. Pac-West shall supply the PRI to Customer within the 60-day
timeframe in accordance with Section 12 (SLA) of the Agreement whereby
if
Pac-West is not able to meet this 60-day timeframe period, Customer may cancel
the PRI without liability for any termination charges. This SLA requirement
is
specifically conditioned on the PRI being supplied at the same POP location,
and
a relocation of NAS boxes is not required.
6. Pac-West
and Customer agree to a modification of the current operational configuration
utilizing ▇▇▇▇ technology on PRIs, as outlined In Section 1(a) of the
Agreement. Pac-West and Customer agree to a new configuration of 2 trunk groups
of 13 T-1s, with each trunk group having an active D-channel. The
reconfiguration shall take place as mutually agreed upon in writing between
the
Parties.
7. All
other
terms and conditions in the Agreement shall remain in full force and effect
and
be binding upon the Parties. This Amendment and the Agreement set forth the
entire understanding between the Parties as to the subject matter herein, and
in
the event there are any inconsistencies between the two documents, the terms
of
this Amendment shall control.
IN
WITNESS WHEREOF,
an
authorized representative of each Party has executed this Amendment as of the
dates set forth below.
|
QWEST
COMMUNICATIONS CORPORATION
By:
/s/
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
Name:
▇▇▇▇
▇▇▇▇▇▇▇▇▇▇▇
Title:
Senior
Director
Date:
May
21, 2003
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PAC-WEST
TELECOMM, INC.
By:/s/
▇▇▇▇▇ ▇▇▇▇
Name:
▇▇▇▇▇
▇▇▇▇
Title:
Vice President - Marketing and SP
Sales
Date:
June
3, 2003
|
2
Confidential
Information Redacted and Filed Separately with the Commission. Omitted Portions
Indicated by [**].