EXHIBIT 10.3
AMENDMENT TO AGREEMENT NO. 094-1 FOR PROVISION OF INTERNATIONAL SATELLITE
SERVICES VIA THE MEXICAN SATELLITE SYSTEM EXECUTED BETWEEN SATELITES MEXICANOS,
S.A. DE C.V. ("SATMEX"), REPRESENTED BY ING. LAURO ANDRES GONZALEZ MORENO,
GENERAL DIRECTOR AND TELESPAN, INC. ("THE CUSTOMER"), REPRESENTED BY CHARLES
RANDY POOLE, LEGAL REPRESENTATIVE IN ACCORDANCE WITH THE FOLLOWING BACKGROUND,
RECITALS, AND CLAUSES:
BACKGROUND
1. On April 28, 1998 SATMEX and the Customer executed Agreement No. 094-1
("the Agreement") for the provision of International Satellite Services via
the Mexican Satellite System.
1. In accordance with Paragraph One of the Agreement, SATMEX agreed to provide
to the Customer international satellite services via the Mexican Satellite
System by assigning uninterrupted space segment on C Band, transponders 8N
and 10N, Region 2, Solidaridad 2 with a bandwidth of 10.225 MHz.
1. In accordance with Paragraph Eleven of the Agreement, the Customer agreed
to pay SATMEX for the services in advance on a monthly basis a total of
$51,696.10.
RECITALS
1. The parties hereby state:
.1 That they ratify all Recitals stated in the Agreement.
.1 That they hereby agree to the terms and conditions of this present
Amendment.
After having made the above statements and recitals the Parties hereby agree to
execute and adhere to the following:
CLAUSES
FIRST.- The Parties agree to modify Paragraph One of the Agreement to state as
follows:
SATMEX agrees to provide the Customer international satellite
services via the Mexican Satellite System by assigning uninterrupted
space segment on C Band, transponders 10N, 11N and 12N Region 2 and
3, Solidaridad 2 with a total bandwidth of 22.00 MHz.
The Parties agree that the capacity referred to above will be
utilized by the Customer as follows:
May 1, 1998 to October 31, 1999 10.225 MHz
November 1, 1999 to March 31, 2000 15.00 MHz
April 1, 2000 to April 30, 2001 22.00 MHz
SECOND.- The Parties agree in modifying the Paragraph Eleven of the Agreement
as follows:
The Customer shall pay SATMEX for the services in advance on a
monthly basis a total of ************* in accordance with the
following schedule:
From May 1, 1998 to October 31, 1999 ********** monthly.
From November 1, 1999 to March 31, 2000 ********** monthly.
From April 1, 2000 to April 1, 2001 ********** monthly.
********** - Confidential treatment requested by registrant. Omitted material
has been filed separately with the Commission.
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SECOND.- The Parties agree in substituting Addendum 1 of the Agreement for
Addendum 1 attached hereto and duly executed by the parties and shall
form an integral part of this Amendment.
THIRD.- The term of this Amendment shall begin upon the date of execution and
shall terminate in accordance with the term established in Paragraph
Fourteen of the Agreement.
FOURTH.- The Parties agree that all other Paragraphs of the Agreement,
Amendment 1, and Amendment 2 as well as all other Addenda shall
prevail as agreed to.
FIFTH.- For everything relating to the fulfillment, contents, interpretation
and scope of this Amendment as well as that not expressly stated
herein, the Parties agree to submit to the established in the Civil
Code of the Federal District and the jurisdiction and competence of
the Federal Courts located in Mexico City waiving the right to any
other jurisdiction future or present and for any reason whatsoever.
This Amendment is executed in duplicate with each party retaining an original in
Mexico City on November 1, 1999.
SATMEX CUSTOMER
ING. LAURO GONZALEZ MORENO CHARLES RANDY POOLE
GENERAL DIRECTOR LEGAL REPRESENTATIVE
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TECHNICAL ADDENDUM I
GENERAL INFORMATION
Customer: TELESPAN, INC.
Address: 12500 NETWORK BOULEVARD, SUITE 407
City: SAN ANTONIO TEXAS USA
Contract No. 094-I Date: April 28, 1998 Term: 3 years
Legal Rep: CHARLES RANDY POOLE
TECHNICAL INFORMATION OF ASSIGNED CAPACITY
Type of Network: POINT TO POINT Bandwidth:
May 1, 1998-October 31, 1999 10.225 MHz
November 1, 1999-March 31, 2000 15.00 MHz
April 1, 2000-April 30, 2001 22.00 MHz
Type: PRIVATE NETWORK
Satellite: SOLIDARIDAD 2 Band: C Service Category: Uninterrupted
Orbital Position: 113 (degrees) 0" Transponder: 10N, 11N and 12N
Region: R2 and 3 Polarization: H/V Connectivity: R2/R2
Teleport: SAN ANTONIO, TEXAS
TARIFF
AGREEMENT TERM: TOTAL AGREEMENT ************* USD
THREE YEARS
MONTHLY RECURRING:
May 1, 1998-October 31, 1999 **********
November 1, 1999-March 31, 2000 **********
April 1, 2000-April 30, 2001 **********
Commencement Date: May 1, 1998 Termination Date: April 30, 2001
Mexico, D.F. November 1, 1999
SATMEX THE CUSTOMER
ING. LAURO ANDRES GONZALEZ MORENO CHARLES RANDY POOLE
PRESIDENT PRESIDENT
********** - Confidential treatment requested by registrant. Omitted material
has been filed separately with the Commission.
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