Common use of Each of the Parties Clause in Contracts

Each of the Parties. agrees that it shall operate and support its TDMA-based System, to the extent installed, to ensure that the other Party's Customers can use the Adopted Features when roaming on the Serving Carrier's TDMA-based System in the same manner that such Customers use such Adopted Features on the Home Carrier's TDMA-based System. 10.3.1 Each Party shall, at its own expense, implement the Core Features in the AWS System, in the case of AWS, and in the ▇▇▇▇▇▇ TDMA System, in the case of ▇▇▇▇▇▇, within one (1) year after the Effective Date. Thereafter, Core Features shall be implemented at the time any TDMA-based system is placed into operation. 10.3.2 The Future Core Features shall be those features that are agreed upon by the Parties from time to time after the execution of this Agreement. Each Party shall, at its own expense, implement such Future Core Features within one (1) year after the General Availability of such Future Core Features, provided that, and subject to such Party's determination, in its sole and absolute discretion, that such implementation is both financially feasible and economically viable, and consistent with such Party's objective of maximizing its financial performance. In the event that a Party opts not to adopt a Future Core Feature in accordance with this Section 10.3.1, it shall promptly notify the other Party of that decision. Future Core Features shall be implemented in accordance with this Section in the areas specified for each respective Party in Section 10.3.1. 10.3.3 Each Party shall have the right, in its sole discretion to adopt and implement (at such Party's own expense) Additional Features, but the other Party shall have no obligation to support any Additional Features. 10.3.4 The Parties shall use commercially reasonable efforts to comply with the network Standards with respect to the Core Features and Future Core Features that are set out in Schedule E-2 to Exhibit E attached hereto. The sole remedies available to a Party (the "Affected Party") for the failure by the other Party to comply with this Section 10.3.4 shall be (a) to suspend, for so long as such noncompliance continues in effect, the Affected Party's obligation under Section 2.5 to treat the other Party as the preferred provider of roaming services in the market(s) in which such noncompliance arises and (b) in the event such noncompliance continues for ninety (90) days or more, to permanently terminate such preferred provider status in such market(s). This limitation of remedies shall not limit in any way the remedies available to a Party for noncompliance by the other Party with any other provision of this Agreement, whether or not such noncompliance is a result of the same circumstances that result in noncompliance with this Section.