Common use of Excess Connectivity Clause in Contracts

Excess Connectivity. With regard to Wireless Fiber Connectivity in excess of the ▇▇▇▇▇▇▇▇ Connectivity or ▇▇▇▇▇▇▇▇ T-1 Ceiling, as appropriate ("Excess Connectivity"), ▇▇▇▇▇▇▇▇ shall have most favored customer protection as follows: (i) During the Term, if WinStar enters into an agreement with another part to provide Wireless Fiber Connectivity and the Financial Terms of such services are not Comparable (as hereinafter defined) to that provided to ▇▇▇▇▇▇▇▇ for Excess Connectivity pursuant to this Agreement, WinStar shall promptly notify ▇▇▇▇▇▇▇▇ in writing of such more favorable Financial Terms. WinStar shall be under no obligation to disclose to ▇▇▇▇▇▇▇▇ the identity of any such third party or any other provisions of such a contract that are not more favorable than those provided to ▇▇▇▇▇▇▇▇. As used in this Section, "Comparable" means an equivalent price, after adjustments to take into account all differences attributable to volume, terms and conditions, advances in technology, passage of time, market conditions or strategic relationship value.

Appears in 3 contracts

Sources: Wireless Fibersm Iru Agreement (Winstar Communications Inc), Wireless Fiber Iru Agreement (Winstar Communications Inc), Wireless Fiber Iru Agreement (Winstar Communications Inc)

Excess Connectivity. With regard to Wireless Fiber Connectivity in excess of the ▇▇▇▇Will▇▇▇▇ Connectivity or ▇▇▇nectivity or Will▇▇▇▇ T-1 ▇-▇ Ceiling, as appropriate ("Excess Connectivity"), ▇▇▇▇Will▇▇▇▇ shall ▇▇▇ll have most favored customer protection as follows: (i) During the Term, if WinStar enters into an agreement with another part to provide Wireless Fiber Connectivity and the Financial Terms of such services are not Comparable (as hereinafter defined) to that provided to ▇▇▇▇Will▇▇▇▇ for ▇▇▇ Excess Connectivity pursuant to this Agreement, WinStar shall promptly notify ▇▇▇▇Will▇▇▇▇ in ▇▇ writing of such more favorable Financial Terms. WinStar shall be under no obligation to disclose to ▇▇▇▇Will▇▇▇▇ the ▇▇▇ identity of any such third party or any other provisions of such a contract that are not more favorable than those provided to ▇▇▇▇Will▇▇▇▇. As ▇▇ used in this Section, "Comparable" means an equivalent price, after adjustments to take into account all differences attributable to volume, terms and conditions, advances in technology, passage of time, market conditions or strategic relationship value.

Appears in 1 contract

Sources: Wireless Fiber Iru Agreement (Williams Communications Group Inc)