Common use of Change in Technology Clause in Contracts

Change in Technology. The Parties recognize that technology may change, rendering obsolete the use of a DS3 (whether for actual capacity transmission or protection) on the WilTel Network as a measurement basis for the Vyvx Percentage as well as other Agreement provisions using DS3's. In the event advances in technology do make the use of DS3's inappropriate or obsolete, WilTel or Vyvx may propose a method of measuring relative bandwidth capacity as a substitute for DS3's and request the other's consent to use such substitute measurement which consent will not be unreasonably withheld.