Common use of Data Capacity Measurement Clause in Contracts

Data Capacity Measurement. On the [***] and [***] anniversaries of the EBS Relevance Date, and every [***] years thereafter, Clearwire shall disclose in writing to Licensee the overall data capacity of the network in such Market Area as measured by its average throughput. The average throughput measurement shall be made in such fashion as shall be agreed by the Party Representatives in consultation with Clearwire engineers and other technical experts prior to such anniversary, using metrics that are as consistent as possible with those utilized at the time of the immediately prior average throughput measurement (on each such anniversary, the "UPDATED CAPACITY DISCLOSURE").

Data Capacity Measurement. On the [***] first and [***] fifth anniversaries of the EBS Relevance DateDate for a Market Area, and every [***] five years thereafter, Clearwire shall disclose in writing to Licensee the affected Licensees the overall data capacity of the network in such Market Area as measured by its average throughput. The average throughput measurement shall be made in such fashion as shall be agreed by the Party Representatives in consultation with Clearwire engineers and other technical experts prior to such anniversary, using metrics that are as consistent as possible with those utilized at the time of the immediately prior average throughput measurement (with respect to each Market Area on each such anniversary, the "UPDATED CAPACITY DISCLOSUREUpdated Capacity Disclosure").

Data Capacity Measurement. On the [***] first and [***] fifth anniversaries of the EBS Relevance DateDate for a Market Area, and every [***] five years thereafter, Clearwire shall disclose in writing to Licensee the affected Licensees the overall data capacity of the network in such Market Area as measured by its average throughput. The average throughput measurement shall be made in <PAGE> such fashion as shall be agreed by the Party Representatives in consultation with Clearwire engineers and other technical experts prior to such anniversary, using metrics that are as consistent as possible with those utilized at the time of the immediately prior average throughput measurement (with respect to each Market Area on each such anniversary, the "UPDATED CAPACITY DISCLOSUREUpdated Capacity Disclosure").