Common use of Most Favored Customer Status Clause in Contracts

Most Favored Customer Status. (a) ▇▇▇▇▇▇▇▇ T-1s. With regard to the ▇▇▇▇▇▇▇▇ Connectivity, ▇▇▇▇▇▇▇▇ shall have most favored customer protection as follows: (i) During the twenty-four (24) months following the Effective Date, if WinStar enters into an agreement with another party to provide Wireless Fiber Connectivity and the overall pricing ("Financial Terms") of such services is not Comparable (as hereinafter defined) to that provided to ▇▇▇▇▇▇▇▇ pursuant to this Agreement with regard to the ▇▇▇▇▇▇▇▇ Connectivity, WinStar shall promptly notify ▇▇▇▇▇▇▇▇ in writing of such more favorable Financial Terms. WinStar shall be under no obligation to disclose to ▇▇▇▇▇▇▇▇ the identify 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 not less than one-half the 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. (ii) If WinStar sells Wireless Fiber Connectivity to a third party on Financial Terms that are not Comparable to those provided hereunder, ▇▇▇▇▇▇▇▇ shall be entitled to an adjustment of the amounts paid with regard to the ▇▇▇▇▇▇▇▇ Connectivity. Such adjustment shall be equal to twice the aggregate amount necessary to make the Financial Terms Comparable and shall be credited in such amounts as correspond to the timing of ▇▇▇▇▇▇▇▇' payment obligations hereunder. Upon payment or credit of such adjustment to ▇▇▇▇▇▇▇▇, the Financial Terms of this Agreement shall be deemed to be those more favorable Financial Terms for the purpose of future applications of this Section. Nothing in this Section 6.4 shall be deemed to require WinStar to sell more Wireless Fiber Connectivity than the ▇▇▇▇▇▇▇▇ Connectivity.

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)