Common use of Equipment, Discounts and Roaming Clause in Contracts

Equipment, Discounts and Roaming. AT&T PCS acknowledges and agrees -------------------------------- that, subject to the terms of Sections 8.1 and 8.5, the Company shall have the sole discretion to select (a) the equipment vendor(s) for the infrastructure to be constructed by the Company and (b) billing and other vendors providing goods and services to the Company. If reasonably requested by the Company, AT&T PCS agrees to use all commercially reasonable efforts to assist representatives of the Company in obtaining discounts from any AT&T PCS vendor with whom the Company is negotiating for the purchase of any such subscriber or infrastructure equipment or billing services. In addition, AT&T PCS agrees to use all commercially reasonable efforts to enable the Company to become a party to the roaming agreements between AT&T PCS and its Affiliates and operators of other Cellular Systems and PCS Systems or, subject to the Company agreeing to the obligations thereunder, entitled to the rights and benefits of AT&T PCS under such roaming agreements. The two immediately preceding sentences shall not be construed to require AT&T PCS or its Affiliates to take any action that AT&T PCS or such Affiliate determines in its sole discretion to be adverse to its interests. AT&T PCS may develop a roaming clearinghouse for AT&T Licensees, including the Company, pursuant to which the Company's subscribers that are roaming on PCS or Cellular Systems with which AT&T PCS or any of its Affiliates have entered into a roaming agreement will be identified on such PCS or Cellular System as an AT&T PCS subscriber, and settlement of roaming accounts for such Company subscribers would be effected first between AT&T PCS and such PCS or Cellular System and then settled between AT&T PCS and the Company. In the event AT&T PCS provides such roaming clearinghouse to the Company, the per-subscriber handling charge to the Company shall be commercially reasonable.

Equipment, Discounts and Roaming. AT&T PCS acknowledges and agrees -------------------------------- that, subject to the terms of Sections 8.1 and 8.5, the Company shall have the sole discretion to select (a) the equipment vendor(s) for the infrastructure to be constructed by the Company and (b) billing and other vendors providing goods and services to the Company. If reasonably requested by the Company, AT&T PCS agrees to use all commercially reasonable efforts to assist representatives of the Company in obtaining discounts from any AT&T PCS vendor with whom the Company is negotiating for the purchase of any such subscriber or infrastructure equipment or billing servicesequipment. In addition, AT&T PCS agrees to use all commercially reasonable efforts to enable the Company to become a party to the roaming agreements between AT&T PCS and its Affiliates and operators of other Cellular Systems and PCS Systems or, subject to the Company agreeing to the obligations thereunder, entitled to the rights and benefits of AT&T PCS under such roaming agreements. The two immediately preceding sentences shall not be construed to require AT&T PCS or its Affiliates to take any action that AT&T PCS or such Affiliate determines in its sole discretion to be adverse to its interests. AT&T PCS may develop a roaming clearinghouse for AT&T Licensees, including the Company, pursuant to which the Company's subscribers that are roaming on PCS or Cellular Systems with which AT&T PCS or any of its Affiliates have entered into a roaming agreement will be identified on such PCS or Cellular System as an AT&T PCS subscriber, and settlement of roaming accounts for such Company subscribers would be effected first between AT&T PCS and such PCS or Cellular System and then settled between AT&T PCS and the Company. In the event AT&T PCS provides such roaming clearinghouse to the Company, the per-subscriber handling charge to the Company shall be commercially reasonable.

Equipment, Discounts and Roaming. AT&T PCS acknowledges and agrees -------------------------------- that, -------------------------------- subject to the terms of Sections 8.1 and 8.5, the Company shall have the sole discretion to select (a) the equipment vendor(s) for the infrastructure to be constructed by the Company and (b) billing and other vendors providing goods and services to the Company. If reasonably requested by the Company, AT&T PCS agrees to use all commercially reasonable efforts to assist representatives of the Company in obtaining discounts from any AT&T PCS vendor with whom the Company is negotiating for the purchase of any such subscriber or infrastructure equipment or billing servicesequipment. In addition, AT&T PCS agrees to use all commercially reasonable efforts to enable the Company to become a party to the roaming agreements between AT&T PCS and its Affiliates and operators of other Cellular Systems and PCS Systems or, subject to the Company agreeing to the obligations thereunder, entitled to the rights and benefits of AT&T PCS under such roaming agreements. The two immediately preceding sentences shall not be construed to require AT&T PCS or its Affiliates to take any action that AT&T PCS or such Affiliate determines in its sole discretion to be adverse to its interests. AT&T PCS may develop a roaming clearinghouse for AT&T Licensees, including the Company, pursuant to which the Company's subscribers that are roaming on PCS or Cellular Systems with which AT&T PCS or any of its Affiliates have entered into a roaming agreement will be identified on such PCS or Cellular System as an AT&T PCS subscriber, and settlement of roaming accounts for such Company subscribers would be effected first between AT&T PCS and such PCS or Cellular System and then settled between AT&T PCS and the Company. In the event AT&T PCS provides such roaming clearinghouse to the Company, the per-subscriber handling charge to the Company shall be commercially reasonable.

Equipment, Discounts and Roaming. AT&T PCS acknowledges and agrees -------------------------------- that, subject to the terms of Sections 8.1 and 8.5, the Company shall have the sole discretion to select (a) the equipment vendor(s) for the infrastructure to be constructed by the Company and (b) billing and other vendors providing goods and services to the Company. If reasonably requested by the Company, AT&T PCS agrees to use all commercially reasonable efforts to assist representatives of the Company in obtaining discounts from any AT&T PCS vendor with whom the Company is negotiating for the purchase of any such subscriber or infrastructure equipment or billing servicesequipment. In addition, AT&T PCS agrees to use all commercially reasonable efforts to enable the Company to become a party to the roaming agreements between AT&T PCS and its Affiliates and operators of other Cellular Systems and PCS Systems or, subject to the Company agreeing to the obligations thereunder, entitled to the rights and benefits of AT&T PCS under such roaming agreements. The two immediately preceding sentences shall not be construed to require AT&T PCS or its Affiliates to take any action that AT&T PCS or such Affiliate determines in its sole discretion to be adverse to its interests. AT&T PCS may develop a roaming clearinghouse for AT&T Licensees, including the Company, pursuant to which the Company's subscribers that are roaming on PCS or Cellular Systems with which AT&T PCS or any of its Affiliates have entered into a roaming agreement will be identified on such PCS or Cellular System as an AT&T PCS subscriber, and settlement of roaming accounts for such Company subscribers would be effected first between AT&T PCS and such PCS or Cellular System and then settled between AT&T PCS and the Company. In the event AT&T PCS provides such roaming clearinghouse to the Company, the per-subscriber handling charge to the Company shall be commercially reasonable.