Common use of Additional Features Clause in Contracts

Additional Features. In addition to the Core Features and the Future Core Features, ACC shall offer, at the request of AWS, additional service features that AWS notifies ACC that AWS will provide in a majority of its TDMA Systems, unless the Management Committee reasonably determines that providing such additional features would be financially detrimental to ACC. Absent such determination, any such additional features shall be adopted within 120 days (or such longer period as is reasonably necessary under the circumstances) after the request by AWS. ACC agrees that in order to offer certain Additional Features it will be obligated to implement technological enhancements, upgrades, improvements and advances ("Improvements") that are implemented by AWS from time to time (e.g., EDGE technology) and that are technologically compatible with ACC's equipment. At the request of AWS, ACC will implement any Improvements that AWS notifies ACC that AWS will implement in a majority of its TDMA Systems, unless the Management Committee reasonably determines that the implementation of any such Improvement would be financially detrimental to ACC. Absent such determination, any such improvements shall be implemented within 120 days (or such longer period as is reasonably necessary under the circumstances) after the request by AWS. A course of action will be considered "financially detrimental" to ACC for purposes of this Section 10.3.3 if the reasonable business case for such course of action has a net present value that is less than or equal to negative 10% of the capital cost of that course of action.

Appears in 2 contracts

Samples: Operating Agreement (Dobson Communications Corp), Operating Agreement (Dobson Communications Corp)

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Additional Features. In addition to the Core Features and the Future Core Features, ACC shall offer, at the request of AWS, additional service features that AWS notifies ACC that AWS will provide in a majority of its TDMA Systems, unless the Management Committee ACC reasonably determines that providing such additional features would be financially detrimental to ACC. Absent such determination, any such additional features shall be adopted within 120 days (or such longer period as is reasonably necessary under the circumstances) after the request by AWS. ACC agrees that in order to offer certain Additional Features it will be obligated to implement technological enhancements, upgrades, improvements and advances ("Improvements") that are implemented by AWS from time to time (e.g., EDGE technology) and that are technologically compatible with ACC's equipment. At the request of AWS, ACC will implement any Improvements that AWS notifies ACC that AWS will implement in a majority of its TDMA Systems, unless the Management Committee ACC reasonably determines that the implementation of any such Improvement would be financially detrimental to ACC. Absent such determination, any such improvements shall be implemented within 120 days (or such longer period as is reasonably necessary under the circumstances) after the request by AWS. A course of action will be considered "financially detrimental" to ACC for purposes of this Section 10.3.3 if the reasonable business case for such course of action has a net present value that is less than or equal to negative 10% of the capital cost of that course of action.

Appears in 2 contracts

Samples: Tdma Operating Agreement (American Cellular Corp /De/), Tdma Operating Agreement (Dobson Communications Corp)

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