PROPRIETARY AND CONFIDENTIAL AMENDMENT NO. 4 TO DIAL ACCESS SERVICES AGREEMENT
AMENDMENT
NO. 4
TO
DIAL
ACCESS SERVICES AGREEMENT
THIS
AMENDMENT NO. 4
to Dial
Access Services Agreement (this “Amendment”) is effective as of July 18,
2004 (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 this Agreement No. 4.
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 Xx. 0,
Xxxxxxxxx Xx. 0, and Amendment No. 3 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. The
Parties agree that all Extreme Black Diamond 6800 Ethernet Switches shall be
removed by Pac-West and replaced with Cisco 4506 Ethernet Switches owned and
provided by Customer.
2. Customer
shall be responsible for all maintenance on the Cisco 4506 Ethernet Switches
that are replacing the Extreme Black Diamond 6800 Ethernet Switches owned and
provided by Customer.
3. Pac-West
shall charge Customer a Time and Materials charge to remove the Extreme Black
Diamond 6800 Ethernet Switches and install the Cisco 4506 Ethernet Switches.
The
Time and Materials charge and a complete description of all de-installation
and
installation services, including dates for the removal/installation, will be
outlined in a Service Order Acknowledgement (“SOA”) signed and agreed upon
between the parties. Pac-West will be responsible for any damage to the Cisco
4506 Ethernet Switches during the installation process.
4. All
references to the Extreme Black Diamond 6800 Ethernet Switches in
Exhibit 2-XXX Sparing Policy shall be deleted in their
entirety.
5. If
Customer and Pac-West mutually agree to replace a Cisco 4506 Ethernet switch
for
any reason, then Customer is responsible for shipping the new Cisco 4506
Ethernet switch to Pac-West.
6. 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.
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QWEST
COMMUNICATIONS CORPORATION
By:/s/
Xxxx Xxxxxxxxxxx
Name:
Xxxx
Xxxxxxxxxxx
Title:Senior
Director, Carrier Management
Date:
June
8, 2004
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PAC-WEST
TELECOMM, INC.
By:
/s/
Xxxx X. Xxxxxx
Name:Xxxx
X. Xxxxxx
Title:
Vice President and GM - SP Markets
Date:
July
9, 2004
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