EX-10.9.7 32 a2134118zex-10_97.htm EXHIBIT 10.9.7

Exhibit 10.9.7

 

*** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission.

 

AMENDMENT #7 TO CARRIER SERVICE AGREEMENT

 

ESCHELON TELECOM, INC.

 

March 26, 2004

 

This is Amendment #7 to the Carrier Service Agreement between Global Crossing Bandwidth, Inc., (“Global Crossing”) and Eschelon Telecom, Inc. (“Eschelon” or “Purchaser”), dated August 25, 2000, as amended (the “Agreement”).

 

1.                                       Except as otherwise stated, capitalized terms used herein shall have the same meaning as set forth in the Agreement.

 

2.                                       The NOTICES provision of the Agreement, as identified in Section 18 thereof, as amended, shall be amended as it relates to Notices to be sent to Global Crossing.

 

If to Global Crossing:

 

Global Crossing Bandwidth, Inc.

 

 

161 Chestnut Street

 

 

One City Centre, 3rd Floor

 

 

Rochester, New York 14604

 

 

Attention: Senior Vice President, North American Carrier Services

 

 

Facsimile # (585) 262-6263

 

 

 

with a copy to:

 

Global Crossing Bandwidth, Inc.

 

 

161 Chestnut Street

 

 

One City Centre, 3rd Floor

 

 

Rochester, New York 14604

 

 

Attention: Manager, National Contract Admin.

 

 

Facsimile # (585) 454-5825

 

The balance of Section 18 shall remain unchanged.

 

3/26/2004

 



 

3.                                       Eschelon’s OC-3 port IP Transit Service rates are revised as follows:

 

Port

 

Minimum
Bandwidth**

 

MRC

 

Change
Fee

 

Cancellation

 

 

 

Full Pipe

 

Fixed

 

Bursted

 

 

 

OC-3

 

45 Mbps

 

***

 

***

 

***

 

***

 

***

 

 


*Global Crossing agrees that Eschelon shall receive the Full Pipe pricing on its Minneapolis, MN OC-3 port in its first (1st) full Billing Cycle following the execution of this Amendment by Global Crossing, and Eschelon’s committed bandwidth on said port shall increase to 155 Mbps at the beginning of the seventh (7th) full Billing Cycle following the effective date of this Amendment.  The balance of Eschelon’s IP Transit Exhibit shall remain unchanged.

 

4.                                       The revised IP Transit monthly recurring charges, as mentioned in Item #6 above, shall be effective with Eschelon’s first full Billing Cycle following the execution of this Amendment #7 by Global Crossing.

 

5.                                       The balance of the Agreement and any executed amendments or addenda thereto not modified by this Amendment #7 shall remain in full force and effect.

 

6.                                       This Amendment #7 is effective as of the date signed by Global Crossing below.

 

 

Global Crossing Bandwidth, Inc.

Eschelon Telecom, Inc.

 

 

 

 

By:

/s/ Barrett O. MacCheyne

 

By:

/s/ Michael A. Donahue

 

 

Barrett O. MacCheyne, Sr. Vice President

 

Print Name:

Michael A. Donahue

 

 

North American Carrier Services

 

Print Title:

Treasurer

 

 

 

 

 

 

Date:

4/5/04

 

Date:

4/1/04

 

 

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