AMENDMENT NO. 1
(RATE MODIFICATION AMENDMENT)
THIS AMENDMENT NO. 1 (Rate Modification Amendment) is made this 8th day of
March, 1999, by and between Incomnet Communications Corporation ("Customer") and
WorldCom Network Services, Inc. ("Worldcom"), to those certain Program
Enrollment Terms to that certain Telecommunications Services Agreement TSA#
ICC-981101 made by and between Customer and WorldCom dated November 1, 1998 (the
"TSA"). In the event of any conflict between the terms of the TSA, and the
terms of this Amendment No. 1, the terms of this Amendment No. 1 shall control.
The TSA, and this Amendment No. 1 shall collectively be referred to as the
"Agreement". The effective date of this Rate Modification Amendment shall be
March 12, 1999 ("Effective Date").
1. SPECIAL SWITCHED ACCESS INTERSTATE RATES
Notwithstanding anything to the contrary contained in Subsection IC of the Rate
and Discount Schedule regarding SWITCHED ACCESS Services, Customer will receive
the following rates with respect to the SWITCHED ACCESS Services described
below, provided, however, Customer shall be responsible for submitting NPA/NXX
numbers within the state of California to a WorldCom specified "California 1+
Rate Plan" subaccount for rating in accordance with (ii) below and failure of
the Customer to effect the submission of such California NPA/NXX numbers to the
California 1+ Rate Plan sub-account will result in rating in accordance with
Subpart (i) below:
(i) 1+ Interstate calls originating from an NPA/NXX outside the state
of California and terminating within the remaining 48 contiguous
United States: $[*] per minute (not subject to further discount)
(ii) 1+ Interstate calls originating from an NPA/NXX within the state
of California and terminating within the remaining 48 contiguous
United States: $[*] per minute (not subject to further discount)
(iii) Toll Free Interstate calls originating and terminating within the
48 contiguous United States: $[*] per minute
2. SPECIAL INTRASTATE RATES
Commencing as of the Effective Date and continuing throughout the Service Term
and any extensions thereto, Customer will receive the Special Intrastate Rates
for SWITCHED ACCESS 1+ Service and SWITCHED ACCESS TOLL FREE Service described
below.
STATE SPECIAL INTRASTATE RATE
----- -----------------------
Alabama [*]
Arkansas
Connecticut
Florida
Georgia
Indiana
Kansas
Kentucky
Maine
Maryland
Michigan
New Jersey
New York
Ohio
Oregon
Rhode Island
Tennessee
Utah
Virginia
Wisconsin
3. SPECIAL INTERNATIONAL RATES
Commencing as of the Effective Date and continuing throughout the Service Term
and any extensions thereto, Customer will receive the Special International
Rates for DEDICATED ACCESS 1+ Service, SWITCHED ACCESS 1+ Service and SWITCHED
ACCESS 1+ Service from Hawaii ("HI") described below.
COUNTRY DEDICATED RATE SWITCHED RATE SWITCHED RATE FROM HI
- ------- -------------- ------------- ---------------------
Australia $[*] $[*] $[*]
Argentina
Brazil
Cambodia
Chile
China
El Salvador
France
Germany
COUNTRY DEDICATED RATE SWITCHED RATE SWITCHED RATE FROM HI
- ------- -------------- ------------- ---------------------
Guatemala $[*] $[*] $[*]
Hong Kong
India
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Japan
Nicaragua
Nigeria
Russia
South Korea
Taiwan
Thailand
Vietnam
Except as amended herein, the terms and conditions of the Agreement will remain
in full force and effect throughout the Service Term and any extension thereof.
IN WITNESS WHEREOF the parties have entered into this Amendment No. 1 on the
date first written above.
WORLDCOM NETWORK SERVICES, INCOMNET COMMUNICATIONS
INC. CORPORATION
By /s/ Robert Brejcha By /s/ Michael J. Keebaugh
---------------------------- -----------------------------------
(Signature) (Signature)
Robert Brejcha Michael J. Keebaugh
- ------------------------------- -------------------------------------
(Print Name) (Print Name)
Vice President Sr. VP Operations
- ------------------------------- -------------------------------------
(Title) (Title)
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