Encumbered Spectrum Capacity Clause Samples

Encumbered Spectrum Capacity. Each Licensee will comply with all material provisions of its agreements with third parties applicable to the [***] subject to such Licensee's rights incident to a default of the other party thereto or incident to a [* * * Confidential Treatment Requested]
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Encumbered Spectrum Capacity. Each Licensee will comply with all material provisions of its agreements with third parties applicable to the [***] subject to such Licensee's rights incident to a default of the other party thereto or incident to a <PAGE> force majeure event. When and if such [***] becomes Available, Licensee and Clearwire shall enter into an IUA hereunder with respect to such EBS Spectrum Capacity in accordance with the applicable procedures for a Subsequent Closing under ARTICLE IV. The term "Available" with respect to previously [***] means that (A) the Commercial Spectrum Capacity on the Channels in the Market Area subject to the IUA is not encumbered by any Lien, including, but not limited to, any purchase option, right of first refusal, or other contractual obligation of Licensee (each a "Third Party Agreement") (excluding interference consents, interference agreements or similar agreements pertaining to the technical operation of the Channels granted or entered into prior to the Effective Date of the IUA) and (B) the Licensee is able to make all of the representations and warranties contained in the IUA and to perform the applicable covenants in the IUA. (i) PRETC [***]. With respect to PRETC, the Parties acknowledge that PRETC has agreed to negotiate in good faith for the renewal of its current excess capacity agreement for the C channel group in Portland, Oregon with the Person identified on Schedule A, which agreement expires on August 2, 2006 ("Portland Agreement"). If PRETC fails to renew the Portland Agreement prior to September 1, 2006, PRETC will on September 1, 2006, notify Clearwire in writing of such fact. In the event of non-renewal, after such date either PRETC or Clearwire shall have the right, upon written notice to the other Party, to require the other Party to enter into an IUA in the form attached as Exhibit II-B hereto as provided in this Section 1.02(b) following such notice. If neither Party informs the other of its desire to enter into an IUA within 180 days after such notice, either Party may terminate the provisions of this Section 1.02(b)(i) if the other Party again fails to provide notice of its desire to enter into an IUA within ten (10) days after an additional notice from the Party desiring to terminate this Section 1.02(b)(i). (ii) DAETC [***] With respect to DAETC, the Parties acknowledge that DAETC has agreed to negotiate in good faith for the renewal of its current excess capacity agreement for two of the four D group channels at [*...
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Related to Encumbered Spectrum Capacity

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Capacity/Independent Contractor In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.