Common use of Management and Operations Clause in Contracts

Management and Operations. 6.1 ETS Management. Each party will appoint two (2) management level representatives, each called a management contact ("Management Contact") to the ETS Management Team. The Management Team shall be responsible for the interaction between the two (2) parties for management, marketing, finance, accounting, personnel, and technological decisions that directly affect both RTX and ABI and the ETS during the Agreement Term, for bandwidth and Internet Protocol markets that ABI is facilitating Trades in. Furthermore, the Management Team shall meet in person a minimum of two (2) times per month during the Initial Term, to be reduced to one (1) time per month upon mutual agreement of the Alliance Board members, and will be responsible for: (i) overseeing all activities assigned to such party in connection with this Agreement, including, but not limited to, ensuring that all needs of Members of the ETS are satisfactorily met; (ii) acting as the primary point of contact for all inquiries and suggestions from the other party, including, without limitation, suggestions or other input regarding the bandwidth market, focus or direction of the ETS, the participation of ABI Brokers and Members in facilitating Trades over the ETS and similar matters; (iii) acting as the initial point of contact to resolve disputes between the parties regarding this Agreement; (iv) each party's Management Contact shall advise and have direct access to the principal executive officers of such party. As long as the appointed Management Contact is of management level at each party, the Management Contact may be changed, following notice to the other party. In the event an issue arises that ABI believes needs further consideration by the parties, ABI's Management Contact may raise such issue first with the Alliance Board which will have ten (10) calendar days to consider and attempt to resolve such issue. If unsuccessful, the issue will then be considered for resolution over another ten (10) day period by the CEOs of ABI and RTX. If such issue is not resolved within such ten (10) day timeframe, ABI may raise such issue with the RTX Board of Directors through its seat on the RTX Board of Directors. The RTX Board of Directors shall have twenty (20) days in which to resolve the matter. Any determination by the RTX Board of Directors shall be final and binding and ABI shall have no further recourse in connection with such issue.