2005-000006B

Autoridad de Energia Electrica

500-100 '-i' . i ::'

ATTACHMENT B

OPTICAL TELECOMMUNICATION INFRASTRUCTURE

LEASE AGREEMENT
SECOND AMENDMENT

APPEAR

AS FIRST PART: PUERTO RICO ELECTRIC POWER AUTHORITY, hereinafter referred

to as "PREPA", a public corporation and government instrumentality of the
Commonwealth of Puerto Rico, created by Act 83 of May 2, 1941, as amended,
employer's social security , represented in this act by its Executive Director,
mister Miguel Angel Cordero L6pez, of legal age, married, engineer, and resident of
Cag uas, Puerto Rico. --------------------...;---------------------------------------------------------------------

AS SECOND PART: PREPA Networks Corp., hereinafter referred to as "PREPANet", a

wholly own subsidiary of PREPA Holdings LLC, a non-profit corporation, created by
PREPA's Governing Board under Resolution 3175, approved on March 2, 2004 and duly
organized and existing under the laws of the Commonwealth of Puerto Rico, employer's
social security herein represented by its General Manager, mister Jose
David Casillas Aponte, of legal age, married, engineer, and resident of Guaynabo, Puerto,
Rico.----------------------------------------------------------------------------------------------------------------

PREPA and PREPANet are hereinafter collectively referred to as "Parties", and

in divid uaIIy as "Party". ------------'-----------------------------------------------------------------------------

WITNESSETH
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WHEREAS: PREPA AND PREPANet executed a lease agreement in a document
signed in May 19, 2005, Optical Telecommunication Infrastructure Lease Agreement
(OTlLA), by which PREPANet is granted the exclusive right to use the excess of optical
fiber telecommunications capacity to be commercially developed and the exclusive right
to use its electrical system for the transmission of broadband telecommunication services
(BPL) and any other infrastructure necessary for providing these services.---------------------

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1 WHEREAS: Section 11.1 of the First Amendment to the OTILA states that, for all
technical aspects covered under the Agreement, PREPA's single point of contact will be

Y PREPA's Corporate Information Systems Manager (CISM) or its authorized

representative. PREPANet's single point of contact will be its General Manager or its
'authorized representative. All correspondence concerning the technical aspects of the
Agreement will be handled between PREPA's CISM and PREPANet's General Manager.
All technical correspondence and issues sent from, and to other employee's of their
respective companies will be ignored and forwarded to the respective single point of
contact.------------------------------------------------------------------------------------------------------------
 Optical Telecommunication Infrastructure Lease Agreement, Second Amendment
Page 2

WHEREAS: Section 12 of the First Amendment to the OTILA states that all notices
necessary or appropriate under this Agreement shall be effective when addressed and
delivered to the Party's known address, which addresses are currently as follows:-----------

PREPA: Puerto Rico Electric Power Authority

Edificio Lucchetti
1110 Ponce de Leon Ave.
San Juan, Puerto Rico 00907
Attention: Executive Director

with copy to:

Puerto Rico Electric Power Authority

Edificio Lucchetti
1110 Avenida Ponce de Leon
Santurce, Puerto Rico 00907
Attention: Corporate Information System Manager

PREPANet: PREPA Networks Corp.

48 City View Plaza, Suite 803
Guaynabo, Puerto Rico 00968
Attention: General Manager

WHEREAS: The Parties now desire to execute a Second Amendment to the OTILA to
include a new point of contact for PREPA in Section 11.1 and stipulate a new physical
add ress for PREPA in Section 12. --------------------------------------------------------------------------

WHEREFORE, in consideration of the above premises and of the mutual covenants

~.
hereinafter contained, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree to enter this Second Amendment to the OTILA subject to the following: -----
I

FIRST: Section 11.1, SINGLE POINT OF CONTACT, shall be amended to read as

follows:-------------------------------------------------------------------------------------------------------------

11.1 For all technical aspects covered under this Agreement, PREPA's
single point of contact will be PREPA's Generation, Transmission
and Distribution Director (GT&DD) or its authorized representative.
PREPANet's single point of contact will be its General Manager or
its authorized representative. All correspondence concerning the
technical aspects of this Agreement will be handled between
PREPA's GT&DD and PREPANet's General Manager. All
technical correspondence and issues sent from, and to other
employee of their respective companies will be ignored and
forwarded to the respective single point of contact.-----------------------
 Optical Telecommunication Infrastructure Lease Agreement, Second Amendment
Page 3

SECOND: Section 12, NOTICES, shall be amended to read as follows:-------------------------

----All notices necessary or appropriate under this Agreement shall be effective when
addressed and delivered to the Parties known address, which addresses are currently as
follows:-------------------------------------------------------------------------------------------------------------

PREPA: Puerto Rico Electric Power Authority

NEOS Building
1110 Ponce de Le6n Ave.
San Juan, Puerto Rico 00907

Attention: Miguel Angel Cordero L6pez

Executive Director

with copy to:

Puerto Rico Electric Power Authority

NEOM Building
San Roberto Ave. & SR #1, RIo Piedras - Caguas
1800 SR# 8838
San Juan, Puerto Rico 00926

Attention: Josue A. Col6n Ortiz

Generation, Transmission & Distribution, Director

PREPA.Net: PREPA Networks Corp.

48 City View Plaza, Suite 803
Guaynabo, Puerto Rico 00968

Attention: Jose David Casillas Aponte

General Manager

THIRD: Except as expressly amended by this Second Amendment to the OTILA, all
other conditions of the OTILA shall remain unchanged and all exhibits and attachments
thereto shall remain in full force and effect throughout the term of the OTILA. ----------------

FOURTH: This Second Amendment to the OTILA shall be incorporated into and form
part of the OTILA as Attachment B, effective the date indicated below. -------------------------

' ,' :'

Y-
(
" FIFTH: This Second Amendment of the OTILA may be executed in any number of
counterparts each of which, when so executed, shall be deemed to be original and all
such counterparts shall constitute one and the same instrument, and notwithstanding the
date of the actual execution, shall be deemed effective as of the date indicated below.----
· Optical Telecommunication Infrastructure Lease Agreement, Second Amendment
Page 4

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to the OTILA
to be duly executed in San Juan, Puerto Rico, on this 23 day of july 2010.

Miguel Angel Cordero Lopez ose David Casilla

Executive Director General Manager
Puerto Rico Electric Power Authority PREPA Networks Corp.

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