Frequency Support and Frequency Changes. Seller shall reasonably support Buyer in submitting the Buyer’s frequency licensing applications to the regional authorities and the FCC for this project. In the event that, after all commercially reasonable efforts and due diligence have been expended, the Buyer cannot obtain all of the necessary United States and Canada government approvals for the frequency plan as described in this Statement of Work and this Agreement, it shall be treated as an excusable delay event pursuant to the Excusable Delays section of this agreement for which an extension to the Project Schedule shall be granted, and Seller will diligently and expeditiously prepare and provide to Buyer a System re-design for its review and approval including all price and Project Schedule changes. Notwithstanding anything to the contrary contained in the Agreement, the Parties agree if a System re-design has a material impact on the cost of Work performed by Seller under the Agreement and/or the schedule, the Parties agree that that Seller may be entitled to an equitable adjustment to the Total Agreement Price and/or the Project Schedule for Seller’s services on any such System re-design. Any such adjustment in the Total Agreement Price or Project Schedule shall be mutually satisfactory to Buyer and Seller. Price increases and/or extensions of time shall not be binding upon either Party unless and until evidenced by a Change Order signed by the parties hereto. In the event that Buyer and Seller cannot mutually agree on the System re-design, either party may then terminate the Agreement on thirty (30) days written notice to the other Party.
