AMENDMENT NO. 1 TO DIAL ACCESS SERVICES AGREEMENT
Confidential
Treatment Requested by Pac-West Telecomm, Inc.
AMENDMENT
NO. 1
TO
THIS
AMENDMENT NO. 1
to Dial
Access Services Agreement (this “Amendment”) is effective as of June
28th,
2002
(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. 1.
WHEREAS,
Pac-West and Customer entered into that certain Dial Access Services Agreement
effective as of January 31, 2002 (the “Agreement”);
WHEREAS,
the
Parties desire to modify the Agreement as more particularly described
below.
NOW,
THEREFORE,
in
consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree
as
follows:
|
1.
|
Section 4 of the Agreement shall be deleted in its entirety and replaced
by the following Section 4:
|
“4. Minimum
Service Commitment
Except
as
otherwise provided herein, Customer agrees to maintain the Ports set forth
below
for the duration of the respective Service Terms (“Port Commitment”). The
Parties agree to work cooperatively to complete a deployment plan within thirty
(30) days after the Effective Date that will result in the fastest reasonable
delivery and activation for the entirety of the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇.
▇▇▇▇▇
▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇:
Minimum
of [**] Ports activated within 45 days of the Effective Date, at the locations
set forth in Exhibit 4.
▇▇▇▇▇
▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇:
Minimum
of [**] additional Ports activated on or before June 30, 2002, at the locations
set forth in Exhibit 4.
▇▇▇▇▇
▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇:
Minimum
of [**] additional Ports activated the later of January 1, 2003 or the date
the
Ports are accepted by Qwest in accordance with Section 11 of the Agreement,
at
the locations set forth in Exhibit 4.
In
the
event that Qwest desires early activation of any Ports, Pac-West agrees to
exercise its commercially reasonable efforts, subject to resource and personnel
constraints, to accommodate Qwest’s request.”
| 2. |
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.
|
Confidential
Information Redacted and Filed Separately with the Commission. Omitted
Portions
Indicated by [**].
Confidential
Treatment Requested by Pac-West Telecomm, Inc.
IN
WITNESS WHEREOF, an
authorized representative of each Party has executed this Amendment as of the
dates set forth below.
| QWEST COMMUNICATIONS CORPORATION | PAC-WEST TELECOMM, INC. |
| By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇ | By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
| Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇ | Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ |
| Title: Executive Vice President - Wholesale Markets | Title: Chairman and CEO |
| Date: July 16, 2002 | Date: June 28, 2002 |
Confidential
Information Redacted and Filed Separately with the Commission. Omitted Portions
Indicated by [**].
2