Licensee Service Contract. Upon selection of a Reference Contract pursuant to SUBPARAGRAPH 2(e)(ii), Licensee shall notify Operator and immediately thereafter, Licensee and Operator shall cooperate in good faith to diligently and expeditiously execute and deliver an agreement on the terms and conditions of the Reference Contract as modified by SUBPARAGRAPH 2(e)(ii) (each, a "Licensee Service Contract"). Pending the execution and delivery of a Licensee Service Contract, Operator shall provide service to Licensee under the terms of the Reference Contract subject to the provisions of SUBPARAGRAPH (2)(e)(ii). Upon the expiration of one year following the date of execution of the first Licensee Service Contract, or upon the expiration or termination of any subsequent Licensee Service Contract in accordance with its terms, Licensee shall be entitled to select a replacement contract in accordance with the provisions of SUBPARAGRAPH 2(e)(i) AND (ii). Accordingly, in the event that Licensee notifies Operator of Licensee's desire to execute a new agreement to replace the first Licensee Service Contract, Operator shall repeat the Customer Contract delivery, review, and Reference Contract selection process described in Subparagraphs 2(e)(i) and (ii) provided (x) Operator shall not be obligated to provide contracts from other Market Areas if Operator is able to deliver at least six (6) sample contracts to Licensee from the Market Area subject to this Agreement, (y) the delivered sample contracts shall be those in effect at the time of Licensee's notice and (z) the time for completion of the Initial Delivery shall be thirty (30) days after Licensee's notice. In this event, the existing agreement between Operator and Licensee shall remain in effect until superceded by a new agreement.
Appears in 5 contracts
Samples: Spectrum Option Agreement (Clearwire Corp), Spectrum Option Agreement (Clearwire Corp), Itfs Capacity Use and Royalty Agreement (Clearwire Corp)
