Common use of Utilization of Services Clause in Contracts

Utilization of Services. During the term of this Agreement, MegaMedia will utilize Nextelligent as its exclusive provider for the Services provided the pricing and time frame specifications for the Services are mutually agreeable to the parties. For each project in which MegaMedia has need for the Services it will contact Nextelligent, provide the goals and specifications for the project and negotiate in good faith the pricing and time frame requirements for the project. If the parties are unable to reach agreement then MegaMedia may engage another vendor to provide the required Services provided, however, the pricing, time frame requirements and other terms and conditions for the Services to be provided by the other vendor cannot in the aggregate be more favorable than those which were offered to Nextelligent.