FairPoint Communications 2005 Annual Report Download - page 172

other proceedings alleging wrongful discharge, unlawful retaliation, or employment discrimination of any nature; (d) union organizing effort; (d) slowdown,
work stoppages, strikes, lockouts or other similar concerted action by employees of SICC or its Subsidiaries. None of the employees of SICC or its
Subsidiaries are represented by a labor union or labor organization and none of SICC or any Subsidiary is subject to any collective bargaining agreement
covering any employee.
(b) Neither SICC nor any of its Subsidiaries has any liabilities under the Worker Adjustment and Retraining Notification Act (the “WARN
Act”) as a result of any action taken by SICC or its Subsidiaries.
(c) SICC and its Subsidiaries are in material compliance with all applicable laws respecting employment and employment practices, terms
and conditions of employment and wages and hours, and unfair labor practices.
2.29 Subscribers; Rate Plans; Form of Agreements . As of December 31, 2005, the aggregate number of Postpay Subscribers was not fewer than
[****].(4) Schedule 2.29 sets forth a true, correct and complete (a) description of the terms of each rate plan and promotion still in effect that has been offered
by SICC and its Subsidiaries in their businesses since January 1, 2004, (b) description of the products and services provided to subscribers of the businesses
in addition to basic voice cellular; and, (c) copy of each form of subscriber agreement used in the businesses during the 24 month period preceding the date
hereof.
2.30 Towers.
(a) Schedule 2.30(a) sets forth a list of all Towers, including for each Tower the address and height and whether the Tower is located on real
property owned or leased by SICC or a Subsidiary. Except as disclosed on Schedule 2.30(a), (i) each of the Towers has an engineered foundation and is a steel
structure and (ii) all improvements on the real property at the sites on which the Towers are located (such real property and improvements thereon are referred
to collectively herein as the “Tower Sites”) are in compliance in all material respects with all applicable laws, including, without limitation, all rules,
regulations and orders of the FCC and the United States Federal Aviation Administration, and applicable title covenants, conditions, restrictions and
reservations necessary to conduct the business of SICC and its Subsidiaries.
(b) The utility services available to each Tower Site are adequate for the present use of such Tower Site by SICC or its applicable Subsidiary
and any third party who is a tenant of SICC or any Subsidiary using the Tower Sites, are being supplied by utility companies, and to the Knowledge of SICC
and each Shareholder there is no condition, individually or in the aggregate, which will result in the termination of the present access from such Tower Site to
such utility services.
(4) Material omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Exchange Act of 1934. Material filed separately with the Securities
and Exchange Commission.
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