Common use of In Revenue Payments Clause in Contracts

In Revenue Payments. At any time during the Site Acquisition Delay Period or the Microwave Delay Period, as the case may be, the Owner may, in its sole discretion, decide to place the PCS System or PCS Sub-System, as the case may be, or any portion thereof which is subject to such delay into In Revenue Service. In the event the Owner does in fact decide, in its sole discretion, to place any PCS System or PCS Sub-System, as the case may be, or any portion of a PCS System or PCS Sub-System, as the case may be, into In Revenue Service during any such Site Acquisition Delay Period or Microwave Delay Period, as the case may be, the Owner will be obligated to pay to the Vendor the amounts it would have otherwise paid to the Vendor upon the Substantial Completion of such In Revenue PCS System or In Revenue portion of such PCS System, as the case may be, and the Vendor will be entitled to commence Substantial Completion testing for such In Revenue PCS System or In Revenue portion of such PCS System; provided that the Owner understands that the Vendor can only do such Substantial Completion testing as set forth in Exhibit B3 as is at such time applicable and appropriate (pursuant to the good faith mutual agreement of the Parties at such time) to such In Revenue PCS System or PCS Sub-System or In Revenue portion of such PCS System or PCS Sub-System. The Parties expressly understand and agree that this subsection 6.8 will only be effective in the event that the Owner chooses, in its sole discretion, to place a PCS System, PCS Sub-System or a portion thereof In Revenue during a Microwave Delay Period or Site Acquisition Delay Period, as applicable to such In Revenue PCS System or In Revenue portion of such PCS System or PCS Sub-System, as the case may be. Nothing contained herein to the contrary will in any way modify the Vendor's obligations as to the completion and testing of the remaining incomplete non-In Revenue portion of any such PCS System or PCS Sub-System, as the case may be, which is otherwise partially In Revenue pursuant to and in accordance with the terms of this Contract, including but not limited to the Project Milestones set forth on Exhibit A1. Nothing contained herein to the contrary will in any way require the Owner to pay the Vendor amounts already paid or otherwise provided for pursuant to any other provision of this Contract.

In Revenue Payments. At any time during the Site Acquisition Delay ------------------- Period or the Microwave Delay Period, as the case may be, the Owner may, in its sole discretion, decide to place the PCS System or PCS Sub-System, as the case may be, or any portion thereof which is subject to such delay into In Revenue Service. In the event the Owner does in fact decide, in its sole discretion, to place any PCS System or PCS Sub-System, as the case may be, or any portion of a PCS System or PCS Sub-System, as the case may be, into In Revenue Service during any such Site Acquisition Delay Period or Microwave Delay Period, as the case may be, the Owner will be obligated to pay to the Vendor the amounts it would have otherwise paid to the Vendor upon the Substantial Completion of such In Revenue PCS System or In Revenue portion of such PCS System, as the case may be, and the Vendor will be entitled to commence Substantial Completion testing for such In Revenue PCS System or In Revenue portion of such PCS System; provided that the Owner understands that the -------- ---- Vendor can only do such Substantial Completion testing as set forth in Exhibit B3 as is at such time applicable and appropriate (pursuant to the good faith mutual agreement of the Parties at such time) to such In Revenue PCS System or PCS Sub-System or In Revenue portion of such PCS System or PCS Sub-System. The Parties expressly understand and agree that this subsection 6.8 will only be effective in the event that the Owner chooses, in its sole discretion, to place a PCS System, PCS Sub-System or a portion thereof In Revenue during a Microwave Delay Period or Site Acquisition Delay Period, as applicable to such In Revenue PCS System or In Revenue portion of such PCS System or PCS Sub-System, as the case may be. Nothing contained herein to the contrary will in any way modify the Vendor's obligations as to the completion and testing of the remaining incomplete non-In Revenue portion of any such PCS System or PCS Sub-System, as the case may be, which is otherwise partially In Revenue pursuant to and in accordance with the terms of this Contract, including but not limited to the Project Milestones set forth on Exhibit A1. Nothing contained herein to the contrary will in any way require the Owner to pay the Vendor amounts already paid or otherwise provided for pursuant to any other provision of this Contract.