Exhibit 10.56
Capacity Sales Agreement Schedule 2
WORLDCOM CAPACITY ACCESS SERVICE AGREEMENT
This WorldCom Capacity Access Service Agreement (the "Agreement") is
made by Exodus Communications Inc., a California corporation located at
0000 Xxxxxxx Xxxxxxx Xxxxxxxxx, Xxxxx Xxxxx, Xxxxxxxxxx 00000
("Customer"), and WORLDCOM TECHNOLOGIES, INC. ("WorldCom"), a Delaware
corporation, for service described below.
1. SERVICES: Interexchange telecommunications service (the "Private
Line Service") and STM-1 Service shall be provided by WorldCom subject to
the rules and regulations governing the Service in the applicable tariffs
of WorldCom and one or more of the tariffs of WorldCom affiliates (e.g.,
WorldCom Network Services, Inc. and Xxxxxx Fiber Properties, Inc.) for the
applicable jurisdictions and/or state(s) (collectively, the "Tarift").
The Tariffs provide terms and conditions of the Service which include, but
are not limited to, taxes, credit approval procedures, Customer credits,
termination liability, and limitations with respect to the assignment of
the Service. The Tariffs may be modified from time to time by WorldCom in
accordance with law and thereby affect the Service furnished to Customer.
For purposes of this Agreement, Private Line Service and STM-1 Service
shall be referred to as (the "Service"). WorldCom STM-1 service is
interexchange high capacity private line interexchange point-to-point
service conforming the SDH standard for transmission of simultaneous full-
duplex digital signals at 155.52 Mbps ("STM-1 Service").
2. TERMS AND CONDITIONS: The parties agree that the terms and
conditions of this Agreement shall supplement, or to the extent they are
inconsistent with the Tariffs, supersede the terms and conditions of the
Tariffs.
3. TERM/COMMENCEMENT /COMMITMENT:
Customer Commitment Period: 120 Months
Minimum Monthly Commitment: ***
Commencement Date: For the purposes of this Agreement, (the
"Commencement Date") will be the next billing cycle following the date
this Agreement has been fully executed by both parties and Customer has
received a satisfactory credit review and approval from WorldCom's Credit
Department, and all security documentation, if any, required by WorldCom
has been properly executed and delivered to WorldCom (collectively, the
"Credit Review").
Commitment Commencement Date: is 3 months following the
Commencement Date above.
Commitment Ending Date: is 120 months following the Commitment
Commencement Date above; thereafter, Commitment shall be month-to-month
until either Party gives thirty (30) days' written notice to the other
Party.
4. LETTER OF AGENCY ("LOA"): The undersigned [duly authorized
representative of Customer] hereby authorizes WorldCom, if requested by
Customer, to provision Customers Local Access. This LOA supersedes all
previous LOAs and shall remain in effect until canceled by Customer in
writing.
***Confidential treatment has been requested for certain portions of this
document. Such omitted portions have been filed separately with the
Securities and Exchange Commission.
5. PRICING: Rates and discounts for Interstate Domestic Private Line
Service during the Customer Commitment Period shall be as set forth in the
applicable Tariffs. Rates for STM-1 Service are as set forth below:
A. WORLDCOM LOCAL ACCESS PRICING
(based on one hundred and twenty (120) months)
SERVICE TYPE PRICING*
STM-1 Type I Per city pair, as set forth below
Type 1 sites consist of sites which are provisioned entirely on WorldCom's
local network ("Type I Sites").
Monthly
Recurring
System City Pair Qty Svc Level Term Charge
US WorldCom at 8-15 (1) consisting STM-1 120 mo ***
domestic Aylesbury St.; London of one primary minimum;
network EDIR-ODR to Customer and one MTM
site at Matrix Units secondary thereafter
5 through 7, (diverse)
Xxxxxxxxxx Xxxx, Xxxx xxxxxxx
Xxxxx, Xxxx Xxxxxx
US WorldCom at 60 Xxxxxx (1) STM-1 120 mo ***
domestic St., to Customer site minimum;
network at 00 Xxxxxxxx Xxxxx MTM
Plaza 3, Jersey City, thereafter
New Jersey, US.
***Confidential treatment has been requested for certain portions of this
document. Such omitted portions have been filed separately with the
Securities and Exchange Commission.
ENTIRE AGREEMENT: This Agreement (including any documents incorporated
herein by reference) constitutes the entire understanding between the
parties and supersedes any prior agreements and proposals between the
whether oral or written, for Capacity Access Service provided hereunder.
WORLDCOM TECHNOLOGIES, INC. Exodus Communications Inc.
/s/ Xxxxx X. Xxxxxx /s/ Xxxxx X. XxXxxxxxx
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(Authorized Signature) (Authorized Signature)
XXXXX X. XXXXXX, V.P. OF MARKETING Xxxxx X. XxXxxxxxx, EVP, Engineering
---------------------------- --------------------------------
(Print Name - Title) (Print Name - Title)
February 17, 1999
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(Date Received) (Date Received)
