{"id":42688,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/private-line-service-agreement-qwest-communications-corp-and.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"private-line-service-agreement-qwest-communications-corp-and","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/private-line-service-agreement-qwest-communications-corp-and.html","title":{"rendered":"Private Line Service Agreement &#8211; Qwest Communications Corp. and Exodus Communications Inc."},"content":{"rendered":"<pre>\n\n                       CONFIDENTIAL TREATMENT REQUESTED\n\n              QWEST COMMUNICATIONS PRIVATE LINE SERVICE AGREEMENT\n                               BUSINESS SERVICES\n\nThis Private Line Services Agreement ('Agreement'), is entered into as of July\n17, 1998 (the 'Effective Date'), by and between Qwest Communications\nCorporation, a Delaware corporation ('Qwest'), and Exodus Communications, Inc.,\na Delaware corporation ('Customer').\n\n1.   SERVICES ORDERED AND PRICING: 1.1 Qwest shall supply to Customer its\ntelecommunications capacity ('Facility' or 'Facilities') and related ancillary\nservices described in Exhibit A to this Agreement and at the prices set forth on\nExhibit A.  Facilities requested by Customer shall be requested on Qwest's\nservice order forms in effect from time to time (hereafter, any such order is a\n'Service Order').  Each Service Order shall reference this Agreement and shall\nbecome a part of the Agreement when executed by a duly authorized representative\nof Qwest.  Qwest reserves the right to reject any Service Order.  1.2 Upon\nreceipt of a duly executed Service Order, Qwest shall notify Customer of its\ntarget date for the delivery of the Facilities (the 'Estimated Availability\nDate').  Qwest shall use diligent efforts to install each such Facility on or\nbefore the Estimated Availability Date.  In the event that Qwest becomes aware\nthat the delivery date may be delayed, Qwest will immediately contact Customer\nand describe the reasons for the delay and the new delivery date.  Qwest will\ncontinue to keep Customer informed of delivery date progress and changes prior\nto the installation of each Facility ordered hereunder.  The inability of Qwest\nto deliver a Facility by such date shall not be a breach of this Agreement. If\nQwest fails to make any Qwest Facility available within 90 days after receipt of\nCustomer's duly executed Agreement, Customer's sole remedy shall be\ncancellation, upon written notice to Qwest, of the individual Facility so\naffected.  1.3 Customer shall take and pay for each Facility for the applicable\nMinimum Service Term set forth in Exhibit A to this Agreement.  The Minimum\nService Terms for each Facility shall begin on the date (the 'Start of Service\nDate') on which Customer accepts delivery of such Facility or 5 days after Qwest\nnotifies Customer that the Facility has met all applicable standard Qwest\nnetwork specifications ('Specifications') and is available for use, whichever is\nsooner, unless (i) Customer notifies Qwest within said 5 day period that the\nFacility is in material non-compliance with the Specifications, or (ii) Customer\nhas delayed the Start of Service Date as provided for below.  In the event of\nnotice of material non-compliance as defined above, Qwest shall promptly take\nsuch reasonable action as necessary to correct any such non-compliance in the\nFacility and shall, upon correction, notify Customer of a new Start of Service\nDate.  Customer may delay the Start of Service Date for any facility for up to\n30 days from the Estimated Availability Date by written notification to Qwest at\nleast 72 hours prior to such date.\n\n2.   RENEWAL.  Upon the expiration of the Minimum Service Term for each\nFacility, and if Customer is not then in default of any of its obligations to\nQwest, each Facility's Minimum Service Terms shall automatically be renewed on a\nmonth-to-month basis (hereinafter the 'Renewal Term') until either party\nterminates the Facility on 30 days advance written notice to the other.  All of\nthe terms and conditions of this Agreement shall apply during the Renewal Term.\n\n3.   CHARGES AND PAYMENT.  3.1 Recurring charges shall be invoiced by Qwest on a\nmonthly basis in advance and non-recurring charges shall be invoiced in arrears.\nCustomer shall make all payments due hereunder within 30 days after the date of\nQwest's invoice; provided, however, that Qwest may, upon a failure of Customer\nto establish creditworthiness, in its sole discretion, include in its first\ninvoice to Customer a deposit amount or letter of credit equal and applicable to\nthe last monthly charge due for Facilities.  In the event that the Start of\nService Date for any Facility falls on other than the first day of any month,\nthe first invoice to Customer shall consist of:  (1) the pro-rata portion of the\napplicable monthly charge covering the period from the Start of Service Date to\nthe first day of the subsequent month and (2) the monthly charge for the\nfollowing month in the event that any amount is not received by the date due. No\npayment due under this Agreement is subject to reduction, set-off or adjustment\nof any nature except as specifically provided in Section 19 below.  3.2. Any\napplicable sales, use, commercial or other similar taxes or license fees\ndirectly related to the commercial relationship established by \n\n \nthis Agreement, shall also be payable by Customer (other than taxes based on\nQwest's income in addition to the other charges set forth in the Agreement.\n\n4.   TERMINAL EQUIPMENT.  At each end of the city pairs on which Customer order\nFacilities, Qwest shall provide appropriate equipment in its terminal locations\nnecessary to connect the Facilities to Customer's Interconnection Facilities (as\ndefined below).  In the event that customer desires to install its own equipment\nin one or more of Qwest's terminals and Qwest, in its sole discretion, agrees to\nsuch installation, the parties shall execute Qwest's standard form license\nagreement.\n\n5.   INTERCONNECTION FACILITIES.  6.1 As used in this Agreement, the term\n'Interconnection Facilities' shall mean transmission capacity provided by\nCustomer or its third party supplier to extend the Facilities provided by Qwest\nfrom a Qwest terminal to any other location (e.g. local access telephone service\nprovided by a local telephone company).  Such Interconnections Facilities shall\nconnect to the Facilities provided by Qwest hereunder at the Network Interface\npoints located in the Qwest terminals and defined in Specifications.  6.2 Qwest\nwill use reasonable efforts to order Interconnection Facilities on behalf of\nCustomer from Customer's designated supplier provided that Customer furnishes\nQwest with an acceptable Letter of Agency.  Customer may, at its election but\nsubject to Qwest's prior approval, order its own Interconnection Facilities.  In\nno event will unavailability, delay in installation, or other impairment of\nInterconnection Facilities excuse Customer's obligation to pay Qwest the charges\napplicable to the Facilities, whether or not such Facilities are useable by\nCustomer.\n\n6.   GOVERNMENTAL AUTHORITY. The obligation of Qwest to provide the Facilities\nto customer is subject to the receipt of any required regulatory or other\ngovernmental authorizations.  This Agreement may be superseded by a tariff filed\nwith the appropriate regulatory agency, which tariff may contain such\nmodifications of the provisions of this Agreement as Qwest deems appropriate.  \nIn the event that such tariff materially affects Customer's rights or\nobligations hereunder, Customer may terminate the specific Facilities so\naffected.\n\n7.   ASSIGNMENT.  Neither party may assign, encumber transfer its rights\nhereunder without the prior written approval of the other party, which consent\nshall not be unreasonably withheld.  Either party may transfer, assign, or\notherwise in any manner encumber this Agreement and its rights and obligations\nhereunder to any of its affiliates, parent or subsidiaries upon written notice.\n\n8.   EVENT OF DEFAULT.  8.1 An 'Event of Default' shall occur if:  (1) either\nparty fails to make any payment required to be made by it under this Agreement\nand any such failure remains uncorrected for five business days after receipt of\nwritten notice of such failure the date such payment was due; (2) either party\nfails to perform or observe any material term or obligation other than making\npayment, contained in this Agreement, and any such failure remains uncorrected\nfor 45 calendar days after receipt of a notice from the non-defaulting party\ninforming the defaulting party of such failure; or (3) a voluntary proceeding\nshall be commenced by or against either party in any jurisdiction seeking\nliquidation, reorganization or other relief under any bankruptcy or similar law\nwhich is not dismissed within 60 calendar days of filing, or either party shall\nmake an assignment for the benefit of creditors; or shall generally not agree to\npay or not be able to pay its debts as they become due.  8.2 The parties\nexpressly agree that the failure of any particular circuit or any number of\ncircuits to meet the specifications shall not constitute a material breach of\nthis Agreement but shall only obligate Qwest to provide Outage Credits as set\nforth above, provided, however, that if a failure continues uncured for a period\nof more than twenty-four (24) continuous hours for those IOC (as defined in\nSection 19 below) Facilities with SONET ring back-up capabilities, Customer may\nterminate this Agreement without liability.\n\n9.   REMEDIES.  9.1 Upon the happening of any Event of Default, the non-\ndefaulting party may, in addition to any other rights it has according to law:\n(1) suspend its performance under this Agreement so long as such default remains\nuncorrected but only after providing written notice of such suspension to the\ndefaulting party; or (2) terminate this Agreement by providing written notice of\ntermination to the defaulting party. 9.2 If Customer is the defaulting party,\nQwest may collect the total charges as specified in Section 2)b of the Exhibit A\nattached hereto.\n\n10.  FORCE MAJEURE.  10.1 Except as provided in Section 19 and subparagraph 10.2\nbelow, Qwest shall not be liable for any failure of performance hereunder due to\ncauses beyond its reasonable control, including but not \n\n                                       2\n\n \nlimited to, acts of God, fire, explosion, vandalism, fiber optic cable cut,\nstorm or other similar catastrophes, any law, order, regulation, direction,\naction or request of the United States Government, or of any other government,\nincluding state and local governments having jurisdiction over either of the\nparties, or of any department, agency, commission, court, bureau, corporation or\nother instrumentality of any one or more said governments, or of any civil or\nmilitary authority, national emergencies, insurrections, riots, wars, or\nstrikes, lock-outs, work stoppages or other labor difficulties. 10.2 If any such\nfailure of performance on the part of Qwest shall be for (i) 30 days or less,\nthen this Agreement shall remain in effect but Customer shall be relieved of its\nobligation to pay for that portion of the Facilities affected for the period of\nsuch failure of performance; or (ii) more than 30 days, then Customer may\nterminate the provisions of this Agreement only insofar as they relate to the\nFacilities so affected.\n\n11.  LIMITATION OF LIABILITY.  IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS\nAFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES FOR ANY LOSS OF\nPROFIT OR REVENUE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR\nSIMILAR OR ADDITIONAL DAMAGES INCURRED OR SUFFERED AS A RESULT OF\nUNAVAILABILITY, PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER\nACTION OR INACTION UNDER THIS AGREEMENT, EVEN IF A PARTY ADVISES THE OTHER PARTY\nOF THE POSSIBILITY OF SUCH LOSS OR DAMAGE EXCEPT AS PROVIDED IN SECTION 19, IN\nNO EVENT SHALL QWEST OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER OR TO ANY\nTHIRD PARTY OR ANY OF EITHER OF ITS AFFILIATES FOR ANY OUTAGE OR INCORRECT OR\nDEFECTIVE TRANSMISSIONS, OR ANY DIRECT OR INDIRECT CONSEQUENCES THEREOF,\nINCURRED OR SUFFERED WHILE USING THE QWEST NETWORK.\n\n12.  INDEMNIFICATION.  Each party shall indemnify and hold harmless the other\nparty, its directors, officers, employees, and agents, successors, and assigns,\nfrom all damages, costs, expenses and liabilities, including reasonable\nattorney's fees and disbursements, sustained in any action commenced by any\nthird party and arising in connection with the indemnifying party's performance\nof its obligations and duties under this Agreement.  Qwest shall indemnify and\nhold customer, its directors, officer, employees, agents, subsidiaries and\naffiliates, harmless from any loss, damage, liability or expense on account of\nany claim(s) and shall defend any suit and dispose of any claim(s) or other\nproceedings based on an allegation that use of the Qwest Facilities, excluding\nany Interconnection Services provided by Customer pursuant to Section 5,\ninfringes any United States or foreign patent or other intellectual property\nright.  The indemnified party shall promptly notify the other party of any such\nsuit or claim.\n\n13.  TITLE.  Customer expressly disclaims any right, title, perpetual right of\nuse or any other interest in or to any equipment or property used or supplied by\nQwest under this Agreement.\n\n14.  DISCLAIMER OF ALL WARRANTIES.  QWEST HEREBY DISCLAIMS ANY LIABILITY TO\nCUSTOMER FOR INTERRUPTIONS AFFECTING THE FACILITIES FURNISHED HEREUNDER WHICH\nARE ATTRIBUTABLE TO CUSTOMER'S INTERCONNECTION SERVICES OR EQUIPMENT FAILURES.\n\nTHERE ARE NO WARRANTIES EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN, WITH RESPECT\nTO THE FACILITIES FURNISHED PURSUANT TO THIS SERVICE AGREEMENT, INCLUDING BUT\nNOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A\nPARTICULAR PURPOSE.\n\n15.  NON-DISCLOSURE AND PUBLICITY. Neither party shall disclose to any third\nparty the terms and conditions of this Agreement without the prior written\nconsent of the other party, which will not be unreasonably withheld.  Neither\nparty shall use the other's name in publicity or press releases without\nobtaining that party's prior written approval, which will not be unreasonably\nwithheld.  In addition, the parties agree to incorporate the terms and\nconditions of the Mutual Non-Disclosure Agreement, dated July 17, 1998.  In the\nevent of a conflict, this Agreement shall control.\n\n16.  ARBITRATION.  16.1 All disputes reasonably anticipated to be in excess of\ntwenty-five thousand dollars ($25,000.00) arising out of or related to this\nAgreement shall be determined and resolved by arbitration at Denver, Colorado,\nif brought by Customer, and at Santa Clara, California, if brought by Qwest in\naccordance with the rules of the American Arbitration Association ('AAA').  The\narbitrator(s) shall be appointed in accordance with \n\n                                       3\n\n \nthe rules then prevailing of the AAA. 16.2 The award rendered by the\narbitrator(s) shall be final and binding upon the parties hereto.  Neither party\nshall have the right to further appeal or redress the matters arbitrated except\nfor the purposes of obtaining the judgment rendered by the arbitrator(s).\nJudgment upon any arbitration award may be entered and enforced in any court of\ncompetent jurisdiction. 16.3 The parties hereto agree that a prevailing party\nshall be entitled to recover all reasonable costs and expenses (Including all\nreasonable attorney's fees and disbursements) of such arbitration proceeding, as\nwell as all cost for said proceeding. Such prevailing party shall also be\nentitled to reasonable attorney's fees and costs incurred in enforcing a\njudgment of the arbitrators separately from and in addition to any other amount\nincluded in such judgment. This subparagraph 16.3 shall be severable from the\nother provisions of this Agreement and shall survive and not be merged into any\nsuch judgment.\n\n17.  MISCELLANEOUS.  17.1 This Agreement and each provision hereof may be\namended only by an instrument in writing signed by the parties hereto.  No\nfailure or delay on the part of either party in exercising any right hereunder\nand no course of dealing between the parties shall operate as a waiver of any\nprovision hereof.  17.2 In conjunction with this Agreement, each party shall at\nall times comply with all applicable federal, state, and local statutes,\nordinances, regulations and orders of any commission or other government body.\n17.3 This Service agreement shall be governed by the laws of the State of\nColorado.  17.4 All notices shall be in writing and shall be delivered by\ncertified mail return receipt requested or any other delivery system which is\ncapable of providing proof of delivery.  Any such notice shall be deemed\neffective on the date of actual delivery.  All notices shall be addressed to\nQwest or customer as set forth herein.  All notices to Qwest shall be addressed\nto Qwest Communications Corporation, 555 17th Street, Denver, Colorado 80202.\nFacsimile:  (303) 291-1724, Attn.:  Legal Counsel.  All notices to Customer\nshall be addressed to Exodus Communications, Inc., 2650 San Tomas Expressway,\nSanta Clara, California 95051  Facsimile: 408-346-2206.  Attn.: Director,\nBackbone Engineering; Copy: General Counsel.  The addresses set forth may be\nchanged by appropriate notice to the other party.  17.5 This Agreement and its\nexhibits comprise the complete and exclusive statement of the agreement of the\nparties concerning the subject matter hereof, and supersede all previous\nstatements, representations, and agreements concerning the subject matter\nhereof.\n\n18.  APPLICATION OF TARIFFS.  This Agreement is subject to and governed by the\nterms of applicable Qwest tariffs ('Applicable Tariffs').  To the extent the\nterms and conditions of this Agreement conflict with Applicable Tariffs, the\nterms of the Applicable Tariffs shall control.\n\n19.  SERVICE LEVEL GUARANTEE.  By utilizing state-of-the-art 4-fiber bi-\ndirectional line switch routing synchronous optical network ('SONET') ring\ntechnology, the Qwest platform will be able to automatically reroute around any\ncuts in the transmission paths. Should a problem occur, the network elements\nwill reroute traffic in as little as 50ms and another 50ms propagation delay,\nfor a total objective of 100ms time to restore service. QWEST will backup the\nsystems availability with credits to Customer for outages in accordance with the\nprovisions of this Section 19.  19.1 Customer understands that this Service\nLevel Guarantee applies only to the Qwest Inter-Office Channels (IOC) for DS3,\nSTS-1, OC3 and OC12 level Facilities which have SONET ring back-up capabilities.\nIOCs are provisioned between two or more QWEST Long Distance (LD) Points Of\nPresence (POPs) and do not include the local access channel to the QWEST POP\nfrom the customer at either origination or termination end of the IOC.  Customer\nfurther acknowledges that prior to such Facilities having SONET ring back-up\ncapabilities, Customer shall receive outage credits in accordance with the terms\nand conditions as set forth in the Applicable Tariff.  19.2 For purposes of this\nAgreement, an 'Outage' shall mean an unscheduled period in which the service is\ninterrupted and not usable, measured by UAS (Unavailable Seconds) and alarm\nindicators of more than TEN MINUTES in duration. UAS is defined in ANSI T1.231.\nCustomer shall be entitled to an Outage credit determined by the formula below\nin the event of an Outage on the long distance portion of the point to point\nconnection:\n\n     Outage Time                            Credit for the Circuit\n     -------------------------------------------------------------\n     10 Minute                              1 day per 10 minute Outage\n\n19.3 Credit allowances will be administered on a per circuit basis. Credits for\nthe affected circuits will not exceed 100% of the monthly rate for that circuit.\nCredits will be based on the results of investigation by QWEST for the\nindividual circuit outage. Credits will only be administered if the outage meets\nthe outage and reporting period \n\n                                       4\n\n \nand persists for a minimum duration of 10 minutes (600 contiguous seconds).\nCustomer must request a credit within seven (7) days of the existence of the\nevent that resulted in a credit for Customer to be eligible to receive a credit.\nThis Service Level Guarantee is not applicable to Outages attributable in whole\nor in part from one or more of the following causes:\n\n     .    Any act or omission on the part of customer, customer contractors, and\n          customer vendors, scheduled maintenance, and Qwest labor strikes,\n          natural disasters; or\n\n     .    force majeure events beyond the reasonable control of QWEST (e.g. acts\n          of God, government regulation, national emergency, etc.) but excluding\n          any fiber cuts or other events caused by third parties on Facilities\n          having SONET ring back-up capabilities.\n\n19.4 An Outage credit shall apply to the charges for the total mileage between\nend terminals of any Facility affected by an Outage; provided, however, that if\nany portion of the affected Facility remains beneficially used or useable by\nCustomer between any intermediate terminals (where Customer has installed drop\nand insert capability) or end terminals, the Outage credit shall not apply to\nthat pro-rata portion of the mileage.  An Outage shall be deemed to have\ncommenced upon verifiable notification thereof by Customer to Qwest, or when\nindicated by network control information actually known to Qwest network\npersonnel, whichever is earlier.  Each Outage shall be deemed to terminate upon\nrestoration of the affected service as evidenced by appropriate network tests by\nQwest.  19.5 Outage credits shall not be granted if the malfunction of any end-\nto-end circuit is due to an outage or the defect occurring in the\nInterconnection Facilities described in Section 5 of this Agreement that is not\nwithin the reasonable control of Qwest.  19.6 All Outage credits shall be\ncredited on the next monthly invoice for the affected Facility and the total of\nall Outage credits applicable to or accruing in a given month shall not exceed\nthe amount payable by Customer to Qwest for that same month for such Facility.\n19.7 The Outage credits described in this Section 19 shall be the sole and\nexclusive remedy of Customer in the event of any Outage.  19.8 Qwest shall give\nnotice to Customer of any scheduled outage as early as is practicable.  To the\nextent commercially reasonable, Qwest will coordinate with Customer to schedule\nany routine maintenance or outage for periods that will minimize any adverse\naffect on Customer.  Notwithstanding the provisions set forth in this Section\n19.8, in the event of an emergency Qwest shall use reasonable efforts to give\nCustomer advance notice of maintenance or repair of the Facilities.\n\n20.  CUSTOMER SERVICES\n\nAs partial consideration for the prices of the Facilities being ordered by\nCustomer hereunder and subject to the parties executing a collocation agreement,\nCustomer offers to Qwest the following collocation services at the prices set\nforth below for a period three (3) years beginning on the Effective Date.  Such\nprices represent approximately $***      ($***       if the NY to Boston\nFacility is ordered) off Customer's retail rates for Facility only services.\nShould the parties execute a collocation agreement, such agreement shall\nincorporate the following basic terms:\n\nServices*:                        *** square feet of Internet Data Center\n                                  facilitized space to be made available on the\n                                  following terms**:\n\nLocation:                         Any Internet Data Center with available space\n\nMinimum commitment per location:  224 square feet (four 7' x 8' cages)\n\nPrice:                            $*** per square foot per month\n\nInstallation Charge:              $*** per location\n\n*See attached specification sheet describing service in more detail.  All\nservices must be purchased in minimum incremental amounts of 56 square feet (7'\nx 8' cages).  Additional space ordered for any single Internet Data Center may\nnot be contiguous, subject to availability.\n\n                                       5\n\n \n**In the event Customer purchases an OC-12 circuit from New York to Boston, the\ntotal amount of square feet to be made available shall increase to ***.\n\n***Confidential treatment has been requested for certain portions of this\ndocument. Such omitted portions have been filed separately with the Securities\nand Exchange Commission.\n\nNote: Other Customer services (ie, bandwidth and managed services) will be\noffered at a to be mutually agreed to price.\n\n21.  BILLING RAMP.  During the first six (6) months following the installation\nof each Facility ordered by Customer hereunder, Qwest will charge Customer the\nfollowing MRC: For the first and second full calendar months, Customer shall be\nbilled twenty-five percent (25%) of the IOC MRC for the Facility; for the third\nand forth full calendar months, Customer shall be billed fifty percent (50%) of\nthe IOC MRC for the Facility; and for the fifth and sixth full calendar months,\nCustomer shall be billed seventy five percent (75%) of the IOC MRC for the\nFacility.  For months seven and beyond, Customer shall be billed one hundred\npercent (100%) of the MRC for each Facility.\n\n22.  ROUTE DIVERSITY; NOTICE OF REGROOMING.  Qwest will use commercially\nreasonable efforts to notify Customer in writing before provisioning Facilities\nthat travel along the same geographic route.  Qwest further agrees to use\ncommercially reasonable efforts to notify Customer prior to regrooming any\nroutes whereby two or more Facilities ordered by Customer hereunder travel along\nthe same geographic route.  For purposes of meeting its obligations under this\nSection 23, Qwest hereby notifies Customer that portions of the Santa Clara to\nDC and DC to New York Facilities will travel along the same geographic route\nuntil such Facilities have SONET ring back-up capabilities.\n\n23.  UPGRADES.  Customer may terminate Facility orders without penalty during\nthe term of each Facility order if Customer orders a replacement Facility from\nQwest for a larger capacity (eg, OC-12 replaced by OC-48).  The terms and\nconditions of this Agreement shall apply to any such replacement Facilities.\n\nCUSTOMER: EXODUS COMMUNICATIONS, INC.  QWEST COMMUNICATIONS CORPORATION\n\n       By:____________________         By:______________________\n          Name:_______________            Name:_________________\n          Title:______________            Title:________________\n          DATE:_______________            DATE:_________________\n\n                                       6\n\n \n                         PRICING ADDENDUM - EXHIBIT A\n                             QWEST COMMUNICATIONS\n                        OC-12 INTEREXCHANGE SERVICE FOR\n                                    EXODUS\n                                 JULY 17, 1998\n\n \n<font size=\"2\"> \n                                                    IOC               COC FEE           ACCESS LOCAL LOOPS                   \n              3 Year Term:                     MRC       NRC      MRC        NRC        MRC           NRC               \n\nFrom:         to:\n                                                                                  \n      201-222    (1)     617-442             $ ***     $ ***    $ ***      $ ***       $ ***         $ ***\n      408-348            714-930             $ ***     $ ***    $ ***      $ ***       $ ***         $ ***\n      201-222            703-995             $ ***     $ ***    $ ***      $ ***       $ ***         $ ***\n      408-346            703-995             $ ***     $ ***    $ ***      $ ***       $ ***         $ ***\n\n             TOTAL                           $ ***     $ ***    $ ***      $ ***       $ ***         $ ***\n<\/font> \n\n(1) This circuit can be ordered at any time during the first year of the service\n    term. Associated charges will start upon circuit installation.\n\nTerms and Conditions:\n\n     1) Contract term is 3 years.\n     2) Except as otherwise provided in the Agreement, should Customer elect to\n        terminate service, or a portion of the service, prior to the end of the\n        term, charges equal to the following are immediately due and payable:\n\n                      a: Any previously waived installation fees applicable pro\n                         rated by multiplying the number of months remaining in\n                         the agreement and dividing by the number of months in\n                         the original agreement.\n                      b: 50% of the applicable monthly recurring fees (MRC)\n                         remaining in the agreement to a maximum of 12 months\n                         plus 10% of any remaining monthly recurring fees beyond\n                         twelve months.\n     3) Qwest's Interstate Private Line services tariff is applicable unless \n        specifically modified by this agreement.\n     4) Upon prior written notification to Customer and the opportunity to \n        withdraw its order, Customer is responsible for any special construction\n        needed for local loop route diversity.\n     5) Local loops are subject to availability of specific SONET engineering at\n        LEC serving wire centers.\n     6) Service is subject to availability of network.\n\nAgreed:\nfor Exodus Communications;             Qwest Communications Corporation\n\n\nELLEN HANCOCK                          STEVEN DICKERSON  \n---------------------------            -----------------------------------------\nName                                   Name (Sales Representative)\n\nPresident                              Director of Sales\n---------------------------            -----------------------------------------\nTitle               Date               Title                            Date\n\n                                       LEWIS WILKS\n                                       -----------------------------------------\n                                       Authorized Qwest Marketing Representative\n\n                                       President-Business Markets\n                                       -----------------------------------------\n                                       Title                            Date\n\n\n*** Confidential treatment has been requested for certain portions of this\n    document. Such omitted portions have been filed separately with the\n    Securities and Exchange Commission.\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7490,8630],"corporate_contracts_industries":[9513,9519],"corporate_contracts_types":[9613,9620],"class_list":["post-42688","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-exodus-communications-inc","corporate_contracts_companies-qwest-communications-international-inc","corporate_contracts_industries-technology__software","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42688","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42688"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42688"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42688"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42688"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}