Common use of Obligation to Operate Clause in Contracts

Obligation to Operate. Operator will construct, launch and be actively marketing an advanced high speed data system in at least *** Closed Markets no later than the *** of the Initial Closing Date and at least *** additional Closed Markets in each *** until all the Closed Markets are constructed. Except to the extent any such obligation may be exercised pursuant to the following sentence, it will be a condition to the commencement of the Renewal Term that Operator will have fully complied, on or before the commencement thereof, with all of Operator's obligations set forth in the preceding sentence, provided, however, that Sprint may waive the operation of such condition. Any launch of such a system and Operator's obligations pursuant to this Section 7.7, but not Operator's obligations under Section 7.5 hereof, is subject to the availability to Operator of at least *** MHZ of contiguous spectrum in a Closed Market which may be used for two way transmissions using time division duplexing and, to the extent necessary, interference consents from Third Party Licensees to permit such operation. Operator will be solely responsible for the operation, marketing and customer service support for its business operations. Operator will, to the extent required under any Primary Lease, provide any Third Party Licensee with access to such services as are offered over the Spectrum by Operator. Nothing contained herein will be construed to restrict Operator to using the Spectrum for other purposes besides an advanced high speed data system provided that Operator has complied with the provisions of this Section 7.7.

Appears in 2 contracts

Sources: Market Operation, Spectrum Lease and Sublicense Agreement (Clearwire Corp), Market Operation, Spectrum Lease and Sublicense Agreement (Clearwire Corp)