Common use of Capacity Planning Forecasts Clause in Contracts

Capacity Planning Forecasts. To ensure the highest level of service, Motricity requires AT&T at least twice per year to provide a forecast estimating the growth of their customer base (3, 6, 9 and 12 months into the future) and likely service usage. This will allow Motricity to plan the required resources to support the services for AT&T’s customers. If AT&T becomes aware of any material changes that would impact any forecast previously provided to Motricity (e.g., if AT&T has a special promotion plan in which a high number of new customers are anticipated), Motricity must be given 30 days advance notice of any change in the forecast to prepare for such additional capacity. If AT&T fails to provide Motricity with such notice, Motricity will not be held responsible for any failures to the performance objectives that could have been avoided had Motricity received such notice. A forecast provided pursuant to this section is only a forecast and is not a commitment on behalf of AT&T for the forecasted amount.

Capacity Planning Forecasts. To ensure the highest level of service, Motricity requires AT&T at least twice per year to provide a forecast estimating the growth of their customer base (3, 6, 9 and 12 months into the future) and likely service usage. This will allow Motricity to plan the required resources to support the services for AT&T’s customers. If *** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commisson. AT&T becomes aware of any material changes that would impact any forecast previously provided to Motricity (e.g., if AT&T has a special promotion plan in which a high number of new customers are anticipated), Motricity must be given 30 days advance notice of any change in the forecast to prepare for such additional capacity. If AT&T fails to provide Motricity with such notice, Motricity will not be held responsible for any failures to the performance objectives that could have been avoided had Motricity received such notice. A forecast provided pursuant to this section is only a forecast and is not a commitment on behalf of AT&T for the forecasted amount.