Legacy Equipment i) Upon request from the Purchasing Entity, Awarded Vendor(s) may provide Maintenance Agreements on any Equipment that is owned or was leased or rented through Master Agreement (3091), or via any other means, providing the following conditions are met:
Legacy Equipment. Notwithstanding any provision of the Agreement to which this Exhibit D is attached (including without limitation this Exhibit D) to the contrary, Licensor expressly acknowledges and agrees that certain DISH STBs deployed prior to the Effective Date are not capable of complying with and/or adhering to certain of these Content Protection Requirements and are therefore excluded from those Content Protection Requirements which such STBs are incapable of complying with and/or adhering to, and further acknowledges and agrees that if Licensor requires use of an APS solution on applicable analog outputs of Approved Devices, then the Approved Devices that are not equipped to implement such analog protection technology shall be excluded from those provisions of this Exhibit D concerning the requirements of an APS solution; provided, that such exclusions (inclusive of APS solution) shall not exceed: (i) 7,420,000 STBs without an APS solution; (ii) 320,000 Model 6000 and Model 811 (Non-DVR HDTV) without HD CGMS-A; (iii) 27,500 Model 721 and 921 without CGMS-A and/or that cannot adhere to expiration clocks and/or do not encrypt all audio tracks; (iv) 22,000 IRR and DISHPlayer receivers that cannot adhere to various DRM Requirements including expiration clocks; and (v) 30,000 ‘first-generation’ PocketDISH Devices ((i)- (v) collectively, “Legacy Hardware”).
Legacy Equipment. Upon request from the Purchasing Entity, Awarded Vendor(s) may provide Maintenance Agreements on any Equipment that is owned or was leased or rented through Master Agreement (3091), or via any other means, providing the following conditions are met: The Device has not reached the end of its Useful Life; The maximum term of the Maintenance Agreement does not exceed the Useful Life of the Device, unless otherwise specified in a Participating Addendum; and The Maintenance Agreement adheres to the same requirements as outlined in 4.5.2(d) and 4.5.2(e). Devices that were previously serviced by another Dealer or Manufacturer must be inspected and repaired, if necessary. Upon mutual agreement, Awarded Vendor may charge Purchasing Entity for any parts and/or labor required to bring the Device up to acceptable maintenance levels. If the Device has been at the Purchasing Entity’s location for less than five (5) years, then Maintenance Agreement pricing shall not exceed the new Master Agreement pricing, until the Purchasing Entity reaches the five (5) year mark. Refer to 4.5.2(f)(iv) below for additional information. If the Device has been at the Purchasing Entity’s location for more than five (5) years, then Maintenance Agreement pricing shall not exceed 107% of the Service and Supply pricing in the new Master Agreement for years 5 through 7, and 110% for years 8 and beyond. The Service and Supply pricing that will be used for this calculation will be based on the following: The Group and Segment to which the Device is categorized; and The Service and Supply pricing for that Group and Segment, as listed under Newly Manufactured Equipment in the new Master Agreement. For example: A customer entered into a 60 month lease for a Group A, Segment 4 Device under Master Agreement (3091), and that lease expires in March 2021. Since by March 2021, the new Master Agreement will be in effect, renewal pricing will be subject to the new Master Agreement pricing. Therefore, if the customer now wants to enter into a 12 month Renewal Term, then the Service and Supply pricing will be based upon the pricing for Group A, Segment 4 for Newly Manufactured Equipment, and the Awarded Vendor will have the option to increase that pricing by 7%. Using the same example as above, if the customer instead wants to enter into a 36 month Renewal Term, then the Service and Supply pricing may be increased by 7% for years 6 and 7, and then by 10% for year eight (8).
