Common use of Handsets Clause in Contracts

Handsets. (a) The Vendor must supply the Owner with two thousand (2,000) subscriber handsets at the prices set forth on Schedule 2 and substantially meeting the applicable criteria set forth in Exhibit H within sixty (60) days prior to the Substantial Completion of the Initial PCS System in accordance with Exhibit B3; provided that the criteria set forth in Exhibit H will substantially conform to the applicable specifications and/or criteria (but which will in no event be more than what is required by Exhibit H) agreed between the Owner and Sony/Qualcomm (the "Sony/Qualcomm Agreement"). (b) The Vendor must supply at the prices set forth on Schedule 2 one hundred (100) handsets per PCS System within the Initial System, acceptable to the Owner, and the necessary equipment related thereto for testing and operation of each such PCS System pursuant to, and in accordance with, the terms of this Contract, Exhibit B3 and substantially in accordance with Exhibit H to the extent applicable; provided however, with the consent of the Owner, which consent will not be unreasonably withheld, such handsets will not be required to be in substantial compliance with the criteria set forth in Exhibit H if they will otherwise be sufficient to test and accurately demonstrate that the PCS System meets the Specifications. The one hundred (100) for each PCS System handsets required to be delivered by the Vendor pursuant to the immediately preceding sentence will be delivered to the Owner on or before Milestone 7 (as set forth in Exhibit A1) for the first PCS Sub-System completed in such PCS System. (c) Notwithstanding any other provision of this Contract, including Section 17, the Vendor does not warrant the handsets provided hereunder, but to the extent that the Vendor is authorized to do so by the terms of any applicable agreement or agreements with such third party suppliers, the Vendor will assign or otherwise transfer any warranty received from its supplier(s) of the handsets to the Owner at no additional cost to the Owner. For the purposes of this Contract a supplier of handsets to the Vendor will not be deemed a Subcontractor.

Handsets. (a) The Vendor must supply the Owner with two thousand -------- (2,000) subscriber handsets at the prices set forth on Schedule 2 and substantially meeting the applicable criteria set forth in Exhibit H within sixty (60) days prior to the Substantial Completion of the Initial PCS System in accordance with Exhibit B3; provided that the criteria set forth in Exhibit H -------- ---- will substantially conform to the applicable specifications and/or criteria (but which will in no event be more than what is required by Exhibit H) agreed between the Owner and Sony/Qualcomm (the "Sony/Qualcomm Agreement")) if such agreement exists as of the date required for the delivery of handsets by the Vendor pursuant to this subsection 2.3; provided further that in the event the -------- ------- Sony/Qualcomm Agreement does not exist as of the date the Vendor is required to deliver handsets pursuant to the first sentence of this subsection 2.3 the handsets required to be delivered by the Vendor pursuant to this subsection 2.3 will substantially conform to the criteria set forth in Exhibit H, but in any event will work in the System and in accordance with the applicable requirements related thereto. (b) The Vendor must supply at the prices set forth on Schedule 2 one hundred (100) handsets per PCS System within the Initial System, acceptable to the Owner, and the necessary equipment related thereto for testing and operation of each such PCS System pursuant to, and in accordance with, the terms of this Contract, Exhibit B3 and substantially in accordance with Exhibit H to the extent applicable; provided however, with the consent of the Owner, which -------- ------- consent will not be unreasonably withheld, such handsets will not be required to be in substantial compliance with the criteria set forth in Exhibit H if they will otherwise be sufficient to test and accurately demonstrate that the PCS System meets the Specifications. The one hundred (100) for each PCS System handsets required to be delivered by the Vendor pursuant to the immediately preceding sentence will be delivered to the Owner on or before Milestone 7 (as set forth in Exhibit A1) for the first PCS Sub-System completed in for which such PCS Systemhandsets are provided. (c) Notwithstanding any other provision of this Contract, including Section 17, the Vendor does not warrant the handsets provided hereunder, but to the extent that the Vendor is authorized to do so by the terms of any applicable agreement or agreements with such third party suppliers, the Vendor will assign or otherwise transfer any warranty received from its supplier(s) of the handsets to the Owner at no additional cost to the Owner. For the purposes of this Contract a supplier of handsets to the Vendor will not be deemed a Subcontractor.