Common use of Use It Or Lose It Clause in Contracts

Use It Or Lose It. (a) The Annual Gross Tariff amount calculated pursuant to clause 6.2(b) is applicable irrespective of the amount of ReqSOS that the Terminal User requests in the AP Process. For the avoidance of doubt, if the Terminal User requests zero ReqSOS in the Annual Plan the Terminal User is still obliged to pay the full amount of the Annual Gross Tariff for the entire TUA Reserved Capacity. (b) If the Terminal User elects not to reserve all of its TUA Reserved Capacity in the Annual Plan for a Contract Year then the Terminal User shall release its rights to the Unused Capacity pursuant to clauses [4.2.2] and [4.2.3] of the Terminal Access Code. (c) Terminal User has the right to assign part or all of its AP Daily Planned Sendout. Such assignment of AP Daily Planned Sendout will be pursuant to a Capacity Exchange Agreement entered into in accordance with clause 11.3. (d) Terminal Operator is entitled to market any Unused Capacity pursuant to the Terminal Access Code. Terminal Operator will be paid an administrative service fee by the Terminal User for reselling of Unused Capacity, such fee (“Administrative Fee”) to be deducted from any reimbursement of Capacity Fees due to Terminal User under clause 6.3(e). (e) If, with regard to any Day, after selling all Unreserved Capacity, Terminal Operator is able to resell the Unused Capacity, then Terminal Operator will reimburse accordingly the Terminal User for the pro rata portion of the Unused Capacity, sold to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Capacity Fees (less the gross amount of the Administrative Fee).

Use It Or Lose It. (a) The Annual Gross Tariff amount calculated pursuant to clause 6.2(b) is applicable irrespective of the amount of ReqSOS that the Terminal User requests in the AP Process. For the avoidance of doubt, if the Terminal User requests zero ReqSOS in the Annual Plan the Terminal User is still obliged to pay the full amount of the Annual Gross Tariff for the entire TUA Reserved Capacity. (b) If the Terminal User elects not to reserve all of its TUA Reserved Capacity in the Annual Plan for a Contract Year then the Terminal User shall release its rights to the Unused Capacity pursuant to clauses [4.2.2] and [4.2.3] of the Terminal Access Code. (c) Terminal User has the right to assign part or all of its AP Daily Planned Sendout. Such assignment of AP Daily Planned Sendout ▇▇▇▇▇▇▇ will be pursuant to a Capacity Exchange Agreement entered into in accordance with clause 11.3. (d) Terminal Operator is entitled to market any Unused Capacity pursuant to the Terminal Access Code. Terminal Operator will be paid an administrative service fee by the Terminal User for reselling of Unused Capacity, such fee (“Administrative Fee”) to be deducted from any reimbursement of Capacity Fees due to Terminal User under clause 6.3(e). (e) If, with regard to any Day, after selling all Unreserved Capacity, Terminal Operator is able to resell the Unused Capacity, then Terminal Operator will reimburse accordingly the Terminal User for the pro rata portion of the Unused Capacity, sold to another User, less the Administrative Fee, by providing an invoice setting out the gross amount of reimbursed Capacity Fees (less the gross amount of the Administrative Fee).