THIS IRU AGREEMENT (the "Agreement") is made and entered into as of this 30th day of September 1999
("Effective Date"), by and between QWEST COMMUNICATIONS CORPORATION, a Delaware
corporation ("Qwest"), and E.VOLVE TECHNOLOGIES, a Nevada corporation ("Customer").
WHEREAS, Qwest owns and operates a fiber optic telecommunications network between various points in the
WHEREAS, Customer desires to obtain certain indefeasible rights of use to certain telecommunications capacity
to be provided by means of Qwest's domestic fiber optic telecommunications network; and
WHEREAS, Qwest desires to hereby grant and Customer desires to be granted certain indefeasible rights of use
to such capacity as more fully set forth herein;
NOW THEREFORE, in consideration of the mutual promises set forth below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
The following terms shall have the meanings set forth in this Article when used in this Agreement, unless explicitly
stated to the contrary:
1.1 "Affiliate" means any person, which directly or indirectly controls or is controlled by, or is under common
control with, a party hereto.
1.2 "Capacity" means the digital transmission capability of a given portion of the Qwest Network designed to
transmit digital signals at a stated rate and otherwise perform in accordance with the specifications applicable to
the portion of the Qwest Network utilized to provide the Capacity. All Capacity shall be provided by Qwest
Network facilities inclusive of all electronics and other equipment necessary for the intended operation of the
Capacity; provided, however. that interruptions, outages, or degradations in the actual transmission capability of
the Capacity may occur from time to time.
1.3 "Cross-connect Panel" means the piece of equipment designated by Qwest in a Qwest POP at which the
IRU is terminated and at which lo