Common use of Cap on Internet Subscribers Clause in Contracts

Cap on Internet Subscribers. STE shall not deliver (or authorize the delivery of) STE Services via the Internet (regardless of whether such delivery is done by cable modem, satellite, DSL or other technologies) to more than the following aggregate numbers of Internet Subscribers in any given month during each of the following Years: Internet Subscribers in millions Year 35 2009 40 2010 45 2011 50 2012 50+* 2013 * In 2013, the cap on Internet Subscribers shall increase based on the rate of growth of high speed Internet households in the Territory. The growth for 2013 shall be determined by multiplying the percentage growth for 2012 by the cap for 2012. For example, for 2013 the cap shall be equal to the sum of (A) 50 million plus (B) 50 million multiplied by the percentage growth in high speed Internet households in the Territory for 2012. If such growth is 3%, the new cap would be 51.5 million (50 million + (50 million x 3%) = 50 million + 1.5 million = 51.5 million). The percentage growth in the high speed Internet households in the Territory shall be determined by taking the average of such numbers reported by SNL Xxxxx and Xxxxxxxxx Research (or, if either research company no longer exists at the time of the determination or do not reliably or consistently measure this statistic, another research company of similar stature in the media and/or technology industry and employing a similar methodology for determining high speed Internet households in each relevant year). The foregoing maximum numbers of Internet Subscribers shall be referred to collectively herein as the “Internet Cap.” Each Internet Subscriber shall count towards the Internet Cap as 1 subscriber unless such Internet Subscriber is subject to the Multiplier, in which case, such Internet Subscriber shall be count toward the Internet Cap as the number of Internet Subscribers equal to the product of 1 multiplied by the Multiplier.

Cap on Internet Subscribers. STE shall not deliver (or authorize the delivery of) STE Services via the Internet (regardless of whether such delivery is done by cable modem, satellite, DSL or other technologies) to more than the following aggregate numbers of Internet Subscribers in any given month during each of the following Years: Internet Subscribers in millions Year 35 2009 40 2010 45 2011 50 2012 50+* 2013 * In 2013, the cap on Internet Subscribers shall increase based on the rate of growth of high speed Internet households in the Territory. The growth for 2013 shall be determined by multiplying the percentage growth for 2012 by the cap for 2012. For example, for 2013 the cap shall be equal to the sum of (A) 50 million plus (B) 50 million multiplied by the percentage growth in high speed Internet households in the Territory for 2012. If such growth is 3%, the new cap would be 51.5 million (50 million + (50 million x 3%) = 50 million + 1.5 million = 51.5 million). The percentage growth in the high speed Internet households in the Territory shall be determined by taking the average of such numbers reported by SNL Xxxxx Kagan and Xxxxxxxxx Research (or, if either research company no longer exists at the time of the determination or do not reliably or consistently measure this statistic, another research company of similar stature in the media and/or technology industry and employing a similar methodology for determining high speed Internet households in each relevant year). The foregoing maximum numbers of Internet Subscribers shall be referred to collectively herein as the “Internet Cap.” Each Internet Subscriber shall count towards the Internet Cap as 1 subscriber unless such Internet Subscriber is subject to the Multiplier, in which case, such Internet Subscriber shall be count toward the Internet Cap as the number of Internet Subscribers equal to the product of 1 multiplied by the Multiplier.