Exhibit 10.03
AMENDMENT NUMBER FOUR TO IRU CAPACITY AGREEMENT
This Amendment Number Four ("Amendment"), effective as of the date signed by
both parties (the "Effective Date"), amends the IRU Capacity Agreement
("Agreement") entered into as of December 19, 1998 between AT&T Corp. ("AT&T"),
a New York corporation with offices at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxx Xxxxx,
Xxx Xxxxxx 00000, and At Home Corporation, ("@Home"), a Delaware corporation
with a principal place of business located at 000 Xxxxxxxx, Xxxxxxx Xxxx, XX
00000, as previously amended, as follows:
1. Under the terms of Section 6.1 of the Agreement, @Home has the right to
request an upgrade of the @Home Backbone Network to include additional network
electronics, referred to in the Agreement as a Requested Upgrade. @Home has
exercised this right with respect to the four Routes listed below in order to
create an express route between San Jose, CA (SNJSCA02) and Camden, NJ
(CMDNNJCE).
No. City A City Z CLLI Code A CLLI Code Z
1 San Jose, CA Longmont, CO SNJSCA02 LNMTCO01
2 Longmont, CO Chicago, IL XXXXXX00 XXXXXXXXX00
3 Chicago, IL Cleveland, OH CHCGILCLW60 CLEVOHO2S10
0 Xxxxxxxxx, XX Xxxxxx, XX CLEVOHO2S1 CMDNNJCE
2. The Upgrade Cost associated with this Requested Upgrade and calculated under
the provisions of Section 7.1 is $2,482,680. @Home shall pay $248,268 to AT&T
within ten days after the Effective Date, and $2,234,412 within ten days after
the Acceptance Date of the Requested Upgrade.
IN WITNESS WHEREOF, authorized representatives of the parties have executed this
Amendment as of the Effective Date.
AT&T CORP. AT HOME CORPORATION
By: /s/ By: /s/ Xxxx Xxxxx
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Title: President Title: CTO, SVP Engineering
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Date: 5/17/00 Date: 5/8/00
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