06-071.00 Columbia Fiber: Dark Fiber Optic Cable Lease
Amrndmem !tl to Contract No. C•43.121)-ttl j2
A~~'1FVDA4I=:N'1'#1 TO 1)A12ti I~IISLR OPTTC C.ABLI~ LIPASE AC,RI:IA~1F1~°T
This Amendment #l ("Amendment #I) to the Dark Fiber Optic Cable Tease Agreement C-f}q-12O-0132 (the
"Agreement") is made and entered into this ~~'da}' of ~' T~''vr1~r~ 2fi0b (the "Effective bate"), between
I"iUerLittk T.,T.C dba Columbia Fiber Solutions, with its Principal offices located at 10905 I? h4ontgoittery Dr., Suite I,
Spokane, Washington 99206-6606 (hereinafter known as "COL1Jr\4BW") and the City of Spol:nne Valley, with its
principal offices located at 11707 E. Sprague, Spokane Valley, OVA ')9206 (hereinafter called "Custorne.r"} and
collectively galled "T',rrties."
Rla.(ITALS
~~•'HERE:AS, Customer entered into the Agreement dated ,\~ay 17, 2004 attached hs:retp and incorPoratecl
herein and now wishes to amend the Lease Term served as defined in .Article =1. I of the Agreement; and
Nrt1LRTAS, COLUM1aL4 desires to continue providing certain fiber optic cormnunications technology to
Customer and all Parties are agreeable to aritending certain conu'act terms in the Agreement;
~VI-iEREAS, all parties a3~rce that this Amendment ;~1 is hereby annexed to and made a part the original
Agrc:ernent. The terms of this Amendment #1 shall take precedence over similar tcnns i,t the original y\greement and
all other provisions of the original Agreement shall remain in effect and
iVO~V, TflTREFOI21/, in consideration of the muhral covenants in this Amendment #1 and outer just and
adequate considerations, the Panics, their successors, ;rnd assigns do hereby agree as follows:
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4.1 The non-cancelable term of this Agreement shall remain in effect until August 31, 2009.
"]'fiereafter, Customer may, at its option, extend the Tcrrn for an additional period of time, not to exceed the
remaining period of tine on the franchise agreement between the Customer and COLUMQIt1.
IN ~VITI\`ESS \\'I~IEREOI+, this Amendment ~I to Dark 1-fiber Optic Cable Agreement has been executed by a
duly authorized representative of each Party as of the day anti year first above vrritten.
COLL1ivII3IA F1.BN K SOLUTIONS CITY OF SPOKAI\'i/ VAL1,1;Y
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MrRa,dmeni to fiber Opric CJble !.ease Agnxment I c~P I Rcv. 911!2006
COh-71