Common use of Data Format Clause in Contracts

Data Format. Seller shall provide complete and properly formatted Subscriber data as specifically set forth on Exhibit D. (A) Seller shall provide a preliminary database of all Active Subscribers in a comma delimited text file in accordance with the data dictionary on Exhibit D within 10 business days of the execution of this Agreement. The preliminary database must be formatted per Exhibit D or EarthLink may refuse to accept such database. Any initial payment will be reduced by five percent (5%) if the preliminary database is not delivered within 10 business days from the Effective Date, ten percent (10%) if not delivered within 15 business days and twenty percent (20%) for each day thereafter. EarthLink may terminate this Agreement and its obligations herein shall be extinguished if the preliminary database is not delivered by Seller in the specified format within 30 days from the Effective Date. (B) As EarthLink deems necessary, Seller shall provide updates to the preliminary database of all Active Subscribers in a comma delimited text file in accordance with the data dictionary on Exhibit D. (C) Seller shall provide a final database of all Active Subscribers in a comma delimited text file in accordance with the data dictionary at Exhibit D on a date to be determined by EarthLink. The final database shall not contain Subscribers that (1) have previously requested service cancellation from the Seller, (2) have not paid Seller for Seller's service within 60 days prior to the Seller's delivery of Subscriber data to EarthLink.