Common use of Formula Rates Clause in Contracts

Formula Rates. If ACC initiates the negotiation contemplated in clause (b)(i) and the Parties do not agree on GSM and GPRS roaming rates and exclusivity provisions for Contract Years 4 and 5 during the aforementioned 30-day period, AWS will deliver to ACC, within 30 days following the end of the third quarter of Contract Year 3, its calculation of the Formula Rates for the 12-month period ending at the end of the third quarter of Contract Year 3. Within ten business days after receipt of such calculation, ACC will notify AWS whether it elects to have such Formula Rates (or, if lower, the Table Rates for Contract Year 4) apply to Contract Year 4. If ACC so elects, then (x) the Formula Rates (as set forth in the aforementioned calculation) or, if lower, the Table Rates for Contract Year 4 will apply to Contract Year 4, (y) the Formula Rates (as determined pursuant to the definitions of ARPMin and ARPByte) or, if lower, the Table Rates for Contract Year 5 will apply to Contract Year 5 and (z) the exclusivity obligations of AWS under Article 4 of the GSM Operating Agreement will continue in effect during Contract Years 4 and 5, subject to the terms and conditions of the GSM Operating Agreement.

Formula Rates. If ACC Dobson initiates the negotiation contemplated in clause (b)(ib)(x) and xnd the Parties do not agree on GSM and GPRS TDMA roaming rates and exclusivity provisions for Contract Years 4 and 5 during the aforementioned 30-day period, AWS will deliver to ACCDobson, within 30 days following the end of the third quarter of quarxxx xx Contract Year 3, its calculation of the Formula Rates for the 12-month period ending at the end of the third quarter of Contract Year 3. Within ten business days after receipt of such calculation, ACC Dobson will notify AWS whether it elects to have such Formula Rates Formxxx Xxtes (or, if lower, the Table Rates for Contract Year 4) apply to Contract Year 4. If ACC Dobson so elects, then (x) the Formula Rates (as set forth in the xx xxe aforementioned calculation) or, if lower, the Table Rates for Contract Year 4 will apply to Contract Year 4, (y) the Formula Rates (as determined pursuant to the definitions of ARPMin and ARPByteARPMin) or, if lower, the Table Rates for Contract Year 5 will apply to Contract Year 5 and (z) the exclusivity obligations of AWS under Article 4 of the GSM Operating Agreement set forth below will continue in effect during Contract Years 4 and 5, subject to the terms and conditions of the GSM Operating AgreementOA and the Addenda.

Formula Rates. If ACC DCS initiates the negotiation contemplated in clause (b)(i) and the Parties do not agree on GSM and GPRS roaming rates and exclusivity provisions for Contract Years 4 and 5 during the aforementioned 30-day period, AWS will deliver to ACCDCS, within 30 days following the end of the third quarter of Contract Year 3, its calculation of the Formula Rates for the 12-month period ending at the end of the third quarter of Contract Year 3. Within ten business days after receipt of such calculation, ACC DCS will notify AWS whether it elects to have such Formula Rates (or, if lower, the Table Rates for Contract Year 4) apply to Contract Year 4. If ACC DCS so elects, then (x) the Formula Rates (as set forth in the aforementioned calculation) or, if lower, the Table Rates for Contract Year 4 will apply to Contract Year 4, (y) the Formula Rates (as determined pursuant to the definitions of ARPMin and ARPByte) or, if lower, the Table Rates for Contract Year 5 will apply to Contract Year 5 and (z) the exclusivity obligations of AWS under Article 4 of the GSM Operating Agreement will continue in effect during Contract Years 4 and 5, subject to the terms and conditions of the GSM Operating Agreement.