Submission of Customer Order(s). a. To order any Service, Customer may submit to Level 3 an order form for Services, completed with Level 3’s assistance (“Customer Order”) requesting the provision of Service. Level 3 shall, on a monthly basis during the Term, deliver to Customer a listing of new Markets within which Customer Orders for Managed Modem Services may be ordered, and thereafter Customer shall be permitted to order Managed Modem Services within such Market pursuant to this Section 1.2. Notwithstanding the foregoing, with respect to any new Market made available by ▇▇▇▇▇ ▇ to Customer or any party other than Customer, Customer may order a minimum of [****] ports per month in such new Market, such ordered ports shall be deemed accepted by ▇▇▇▇▇ ▇ and shall be delivered in accordance with the terms and conditions of this Agreement. b. Customer shall, on a quarterly basis during the Term, provide Level 3 with a binding forecast (covering the period which commences ninety (90) days following submission of the forecast) setting forth the location and volume of Customer’s orders for Managed Modem Services in such period (including the total number of ports of Managed Modem Service that must be installed in each month during the applicable quarter and the requested location (with NPA/NXX information) of each port of Managed Modem Service which Customer desires to have installed within each month during the applicable quarter). The binding forecast shall be considered a Customer Order by Customer for the delivery of the Managed Modem Services set forth therein. The binding forecast shall be clearly marked as such and shall be delivered via electronic mail to each of the following individuals: [****]@▇▇▇▇▇▇.▇▇▇ and [****]@▇▇▇▇▇▇.▇▇▇. The binding forecast shall be effective to constitute a Customer Order only if it is submitted by the Vice President of AOLnet Operations, the Director for AOLnet Capacity Planning, or a designee of either. Level 3 may, by written notice to Customer, identify alternate individuals for delivery of the binding forecasts. ▇▇▇▇▇ ▇ shall, within ten (10) business days after receipt of the binding forecast, inform Customer of any forecasted Managed Modem Service which Level 3 believes (in good faith) will not be available for delivery at the locations specified within the quarter requested by Customer. If such Managed Modem Services are ordered in a Market where Level 3 has notified Customer that Managed Modem Service is available (under Section 1.2(a) above) and such ordered Managed Modem Services are within the delivery parameters set forth in Section 1.2(c) below, then such ordered but unavailable Managed Modem Service shall reduce proportionately the Port Commitment set forth in Section 1.1. If Level 3 fails to so notify Customer of the unavailability of forecasted Managed Modem Services, then such order shall be deemed accepted and (subject to paragraph (c) below) Level 3 shall be obligated to deliver such Managed Modem Services to Customer at Customer’s requested location for each port of Managed Modem Service (so that by the end of the quarter Level 3 will have installed the requested and accepted number of ports in each city). Customer’s initial forecast shall be submitted within fifteen (15) days after execution hereof. c. Notwithstanding the foregoing subparagraphs (a) and (b), in no event shall Level 3 be obligated to install more than (i) [****] ports of Managed Modem Service for Customer nationwide, or (ii) [****] ports of Managed Modem Service in any Market (as defined below),
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Submission of Customer Order(s). a. To order any Service, Customer may submit to Level 3 an order form for Services, completed with Level 3’s assistance (“Customer Order”) requesting the provision of Service. Level 3 shall, on a monthly basis during the Term, deliver to Customer a listing of new Markets within which Customer Orders for Managed Modem Services may be ordered, and thereafter Customer shall be permitted to order Managed Modem Services within such Market pursuant to this Section 1.2. Notwithstanding the foregoing, with respect to any new Market made available by ▇▇▇▇▇ ▇ to Customer or any party other than Customer, Customer may order a minimum of [****] ports per month in such new Market, such ordered ports shall be deemed accepted by ▇▇▇▇▇ ▇ and shall be delivered in accordance with the terms and conditions of this Agreement.
b. Customer shall, on a quarterly basis during the Term, provide Level 3 with a binding forecast (covering the period which commences ninety (90) days following submission of the forecast) setting forth the location and volume of Customer’s orders for Managed Modem Services in such period (including the total number of ports of Managed Modem Service that must be installed in each month during the applicable quarter and the requested location (with NPA/NXX information) of each port of Managed Modem Service which Customer desires to have installed within each month during the applicable quarter). The binding forecast shall be considered a Customer Order by Customer for the delivery of the Managed Modem Services set forth therein. The binding forecast shall be clearly marked as such and shall be delivered via electronic mail to each of the following individuals: [****]▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ and [****]▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. The binding forecast shall be effective to constitute a Customer Order only if it is submitted by the Vice President of AOLnet Operations, the Director for AOLnet Capacity Planning, or a designee of either. Level 3 may, by written notice to Customer, identify alternate individuals for delivery of the binding forecasts. ▇▇▇▇▇ ▇ shall, within ten (10) business days after receipt of the binding forecast, inform Customer of any forecasted Managed Modem Service which Level 3 believes (in good faith) will not be available for delivery at the locations specified within the quarter requested by Customer. If such Managed Modem Services are ordered in a Market where Level 3 has notified Customer that Managed Modem Service is available (under Section 1.2(a) above) and such ordered Managed Modem Services are within the delivery parameters set forth in Section 1.2(c) below, then such ordered but unavailable Managed Modem Service shall reduce proportionately the Port Commitment set forth in Section 1.1. If Level 3 fails to so notify Customer of the unavailability of forecasted Managed Modem Services, then such order shall be deemed accepted and (subject to paragraph (c) below) Level 3 shall be obligated to deliver such Managed Modem Services to Customer at Customer’s requested location for each port of Managed Modem Service (so that by the end of the quarter Level 3 will have installed the requested and accepted number of ports in each city). Customer’s initial forecast shall be submitted within fifteen (15) days after execution hereof.
c. Notwithstanding the foregoing subparagraphs (a) and (b), in no event shall Level 3 be obligated to install more than
(i) [****] ports of Managed Modem Service for Customer nationwide, or
(ii) [****] ports of Managed Modem Service in any Market (as defined below),
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