Common use of ADDITIONAL OPERATOR-PROVIDED SERVICES AND FACILITIES Clause in Contracts

ADDITIONAL OPERATOR-PROVIDED SERVICES AND FACILITIES. (i) In addition to Basic Features, Operator agrees to provide to Five Percent Users all services, capabilities and functionalities, and any access to facilities that any member of Operator's Group makes generally available at the time to customers in the Market Area for which Operator imposes a separate charge (each such service, capability and functionality and access to facilities, other than Network Management Services, Internet Transit and Collocation, is referred to as an "Enhanced Feature"), and only for so long as Operator makes such Enhanced Feature generally available, at a price equal to (x) for the period of one year after an Enhanced Feature is made generally available to customers in the Market Area, ninety percent (90%) of the average price (plus only taxes Operator is required by law to collect from Permitted End Users, such as sales taxes) then charged to customers taking such Enhanced Feature in the Market Area for comparable orders of capacity, excluding introductory offers of temporary duration; and (y) at any time after the expiration of the period of one year after an Enhanced Feature is made generally available to customers in the Market Area, eighty-five percent (85%) of the average price (plus only taxes Operator is required by law to collect from Permitted End Users, such as sales taxes) then charged to customers taking such Enhanced Feature in the Market Area for comparable orders of capacity, excluding introductory offers of temporary duration. If Operator intends to cease offering an Enhanced Feature, Operator shall give Licensee at least such notice of discontinuance of such Enhanced Feature as it provides generally to its customers who receive the particular Enhanced Service. In the event that a dispute is pending under SUBPARAGRAPH 2(g)(ii) OR (iii) as to whether any service, capability, functionality or access to facilities is a Basic Feature, Licensee may nonetheless take such disputed feature during the pendency of such dispute in accordance with the ordering and payment provisions of this SUBPARAGRAPH 2(h)(i) and, if the dispute is ultimately resolved in Licensee's favor, Operator shall refund the payments made for such feature. (ii) Operator shall periodically advise Licensee of new features and functionalities of the System so as to allow Licensee to better and more efficiently employ Licensee's Educational Reservation in its educational mission and in service of the needs and desires of Licensee's students and other Permitted End Users. (iii) Operator shall make available to Licensee free of charge all generally available comparable wireless carrier back-office functionality, including trouble-reporting, fault isolation, network management and other similar services, functions and reporting performed by Operator's network operations center ("Network Management Services") that Operator provides at no separately stated charge to any wholesale customers of Operator in the Market Area or, if there is a charge for such services to such wholesale customers, Operator shall provide each such service for which there is a charge at Operator's generally applicable charge. In the event that Operator has no wholesale customers in the Market Area, Operator shall make available to Licensee free of charge the Network Management Services that Operator customarily provides at no separately stated charge to wholesale customers of Operator in other comparable Market Areas where Operator has wholesale customers. If Operator has no wholesale customers in any of its Market Areas, then Operator shall provide Licensee with such Network Management Services as are commonly and customarily provided by comparable wireless carriers to their wholesale customers at no additional charge. (iv) Operator shall provide to Licensee, at Operator's expense, Internet Transit ("Internet Transit") for all Internet-bound traffic generated by Five Percent Users at data speeds for each such customer that are not less than those provided to Operator's other customers who receive a service comparable in data speed to that of the Five Percent User. (v) Operator shall offer Collocation to Licensee in accordance with all applicable terms and conditions directly related to Operator's offering, if any, of Collocation to any other customer of Operator in the Market Area, as selected by Licensee (the "Collocation Reference Contract"), at such Collocation points, if any, that Operator makes available to any such customer, provided Operator shall not be obligated to provide Collocation in any circumstance where such Collocation is not practical for technical reasons or because of space limitations. "Collocation" means an arrangement whereby Licensee's facilities are terminated in Operator equipment (x) necessary to interconnect with Operator's network or facilities and (y) that is installed and maintained at the premises of Operator, and shall include rack space to the extent provided by Operator. Collocation shall consist of physical collocation only, in which Licensee is responsible for installing and maintaining its own equipment in Operator's premises. If more than one Collocation arrangement is made available to Operator's customers in a Market Area, Licensee may select one such offering, subject to all applicable terms and conditions directly related to such offering. Licensee shall be responsible for all government approvals associated with any collocation offering, including, but not limited to, local zoning and/or building permits required for such Collocation, and Operator shall use reasonable efforts to assist Licensee in Licensee's efforts to obtain such governmental approvals. At Licensee's request, Operator shall also use reasonable efforts to obtain roof access rights for Licensee to install and maintain a satellite dish at a Collocation site, provided the acquisition of such roof rights shall not interfere with the roof access needs of Operator. Licensee and Operator shall execute an agreement governing the Collocation arrangement on the material terms of the portions of the Collocation Reference Contract that relate to Collocation. In the event that Operator does not provide Collocation, Operator shall, upon written request by Licensee, provide to Licensee a service proposal setting forth the price, term, location, service levels and other terms and conditions under which Operator will provide Collocation, which such price, term, location, service levels, time to make Collocation available, access of Licensee to Operator's premises, and other terms and conditions shall be reasonable in all respects. Operator shall be entitled to quote a price in any such service proposal which provides operating profit margins and recovery of related capital expenditures comparable to those received by Operator on its other services in the Market Area. If utilization of Collocation by Licensee requires interconnection of Licensee equipment or facilities with equipment or facilities of Operator, any such collocation arrangement shall also be subject to the requirements of SUBPARAGRAPH 2(k)(ii). Operator shall provide such a service proposal within thirty (30) days of receipt of Licensee's request and shall negotiate in good faith with Licensee to the end of reaching agreement for such Collocation on mutually agreeable terms in a reasonably expeditious time frame.

ADDITIONAL OPERATOR-PROVIDED SERVICES AND FACILITIES. (i) In addition to Basic Features, Operator agrees to provide to Five Percent Users all services, capabilities and functionalities, and any access to facilities that any member of Operator's Group makes generally available at the time to customers in the Market Area for which Operator imposes a separate charge (each such service, capability and functionality and access to facilities, other than Network Management Services, Internet Transit and Collocation, is referred to as an "Enhanced Feature"), and only for so long as Operator makes such Enhanced Feature generally available, at a price equal to (x) for the period of one year after an Enhanced Feature is made generally available to customers in the Market Area, ninety percent (90%) *** of the average price (plus only taxes Operator is required by law to collect from Permitted End Users, such as sales taxes) then charged to customers taking such Enhanced Feature in the Market Area for comparable orders of capacity, excluding introductory offers of temporary duration; and (y) at any time after the expiration of the period of one year after an Enhanced Feature is made generally available to customers in the Market Area, eighty-five percent (85%) *** of the average price (plus only taxes Operator is required by law to collect from Permitted End Users, such as sales taxes) then charged to customers taking such Enhanced Feature in the Market Area for comparable orders of capacity, excluding introductory offers of temporary duration. If Operator intends to cease offering an Enhanced Feature, Operator shall give Licensee at least such notice of discontinuance of such Enhanced Feature as it provides generally to its customers who receive the particular Enhanced Service. In the event that a dispute is pending under SUBPARAGRAPH 2(g)(ii) OR (iii) as to whether any service, capability, functionality or access to facilities is a Basic Feature, Licensee may nonetheless take such disputed feature during the pendency of such dispute in accordance with the ordering and payment provisions of this SUBPARAGRAPH 2(h)(i) and, if the dispute is ultimately resolved in Licensee's favor, Operator shall refund the payments made for such feature. (ii) Operator shall periodically advise Licensee of new features and functionalities of the System so as to allow Licensee to better and more efficiently employ Licensee's Educational Reservation in its educational mission and in service of the needs and desires of Licensee's students and other Permitted End Users. (iii) Operator shall make available to Licensee free of charge all generally available comparable wireless carrier back-office functionality, including trouble-reporting, fault isolation, network management and other similar services, functions and reporting performed by Operator's network operations center ("Network Management Services") that Operator provides at no separately stated charge to any wholesale customers of Operator in the Market Area or, if there is a charge for such services to such wholesale customers, Operator shall provide each such service for which there is a charge at Operator's generally applicable charge. In the event that Operator has no wholesale customers in the Market Area, Operator shall make available to Licensee free of charge the Network Management Services that Operator customarily provides at no separately stated charge to wholesale customers of Operator in other comparable Market Areas where Operator has wholesale customers. If Operator has no wholesale customers in any of its Market Areas, then Operator shall provide Licensee with such Network Management Services as are commonly and customarily provided by comparable wireless carriers to their wholesale customers at no additional charge. (iv) Operator shall provide to Licensee, at Operator's expense, Internet Transit ("Internet Transit") for all Internet-bound traffic generated by Five Percent Users at data speeds for each such customer that are not less than those provided to Operator's other customers who receive a service comparable in data speed to that of the Five Percent User. (v) Operator shall offer Collocation to Licensee in accordance with all applicable terms and conditions directly related to Operator's offering, if any, of Collocation to any other customer of Operator in the Market Area, as selected by Licensee (the "Collocation Reference Contract"), at such Collocation points, if any, that Operator makes available to any such customer, provided Operator shall not be obligated to provide Collocation in any circumstance where such Collocation is not practical for technical reasons or because of space limitations. "Collocation" means an arrangement whereby Licensee's facilities are terminated in Operator equipment (x) necessary to interconnect with Operator's network or facilities and (y) that is installed and maintained at the premises of Operator, and shall include rack space to the extent provided by Operator. Collocation shall consist of physical collocation only, in which Licensee is responsible for installing and maintaining its own equipment in Operator's premises. If more than one Collocation arrangement is made available to Operator's customers in a Market Area, Licensee may select one such offering, subject to all applicable terms and conditions directly related to such offering. Licensee shall be responsible for all government approvals associated with any collocation offering, including, but not limited to, local zoning and/or building permits required for such Collocation, and Operator shall use reasonable efforts to assist Licensee in Licensee's efforts to obtain such governmental approvals. At Licensee's request, Operator shall also use reasonable efforts to obtain roof access rights for Licensee to install and maintain a satellite dish at a Collocation site, provided the acquisition of such roof rights shall not interfere with the roof access needs of Operator. Licensee and Operator shall execute an agreement governing the Collocation arrangement on the material terms of the portions of the Collocation Reference Contract that relate to Collocation. In the event that Operator does not provide Collocation, Operator shall, upon written request by Licensee, provide to Licensee a service proposal setting forth the price, term, location, service levels and other terms and conditions under which Operator will provide Collocation, which such price, term, location, service levels, time to make Collocation available, access of Licensee to Operator's premises, and other terms and conditions shall be reasonable in all respects. Operator shall be entitled to quote a price in any such service proposal which provides operating profit margins and recovery of related capital expenditures comparable to those received by Operator on its other services in the Market Area. If utilization of Collocation by Licensee requires interconnection of Licensee equipment or facilities with equipment or facilities of Operator, any such collocation arrangement shall also be subject to the requirements of SUBPARAGRAPH 2(k)(ii). Operator shall provide such a service proposal within thirty (30) days of receipt of Licensee's request and shall negotiate in good faith with Licensee to the end of reaching agreement for such Collocation on mutually agreeable terms in a reasonably expeditious time frame.