Adjustments to the DSL Bundle SLP. Within 90 days of the Amendment Date, the parties will determine the US DSL Index Price and the Provider DSL Index Price for the top two DSL providers in each major market in the Territory in effect as of the Amendment Date. The parties shall determine the US DSL Index Price by any one of the following to be agreed upon by the parties: (i) averaging such price reported by two nationally recognized research sources agreed upon by the parties (e.g., SNL Kagan and Screen Digest), (ii) jointly commissioning (and funding) customized research by a nationally recognized expert in the field or (iii) any other method mutually agreed upon by the parties or determined by an arbitrator if the parties are unable to agree. The parties shall also establish a methodology for arriving at the US DSL Index Price and the Provider DSL Index Price for each of the top two DSL providers. Once a methodology is established, the same methodology shall be applied consistently across all subsequent periods unless mutually agreed by the parties. Every six months (starting with the calculation for June 30, 2009) the parties will update the US DSL Index Price and the Provider DSL Index Prices for each of the two largest US DSL providers by recalculating them using one of the methods approved above. If at any time the price for the DSL Base Tier or some higher tier (which price, for the purposes of this paragraph only, shall mean a broadly marketed non-promotional, non- discounted price) sold by either of the two largest U.S. DSL providers changes by more than 30%, either party can, at their own expense, determine an updated US DSL Index Price under the methods outlined above. If any updated US DSL Index Price is lower than the previous US DSL Index Price, then the DSL Bundle SLP shall be reduced by the same percentage as the percentage decrease in the US DSL Index Price and such reduced DSL Bundle SLP shall become effective immediately. If any updated US DSL Index Price is greater than the previous US DSL Index Price and the difference between the Provider DSL Price Index of the two largest DSL providers is (a) no more than 30%, then the DSL Bundle SLP shall increase by the same percentage as the increase in the US DSL Index Price or (b) more than 30%, then the DSL Bundle SLP shall increase by the same percentage as the increase in the US DSL Price Index of whichever of the two largest providers whose price increased the least, provided however that the DSL Bundle SLP will not decrease i...
