Common use of Nextel Partners Clause in Contracts

Nextel Partners. (a) Sprint agrees that if Sprint and its Related Parties at any time own, directly or indirectly, 50% or more of the voting stock of Nextel Partners, Inc. or any successor to its business (“Nextel Partners”), Sprint shall cause Nextel Partners to be bound hereby by executing an addendum to this Agreement. Upon the execution of such addendum, Nextel Partners shall be bound hereby, and shall have the same rights and obligations hereunder as Sprint. Within five (5) Business Days of the date Sprint becomes the direct or indirect owner of 50% or more of the voting stock of Nextel Partners, Sprint shall deliver to iPCS a fully executed addendum hereto as described above, whereupon iPCS shall countersign such addendum. If Sprint fails to deliver such addendum, iPCS may elect to terminate this Agreement, which shall constitute its sole remedy under this Agreement for such failure or for any failure of Nextel Partners and its Subsidiaries to comply with this Agreement prior to such time as Sprint Corporation directly or indirectly owns 100% of the voting stock of Nextel Partners (it being understood that nothing in this Agreement shall be construed as restricting iPCS’s ability to claim a breach of the Management Agreements by reason of Sprint Corporation’s acquisition of greater than 50% of the voting stock of Nextel Partners or the activities of Nextel Partners following such acquisition). (b) Until such time as Sprint and its Related Parties acquires 100% of the voting stock of Nextel Partners, Nextel Partners will not have access to any Confidential Information. (c) The Affiliate Group will not be involved with any planning, marketing, operations or any other aspects of Sprint’s relationship with Nextel Partners regarding iDEN Products and Services, either prior to or following any acquisition by Sprint of any additional ownership interest in Nextel Partners. (d) Sprint will not permit the use of the Sprint Brands by Nextel Partners, unless ordered to do so by the final order of a court of competent jurisdiction. In the event Sprint is so ordered, iPCS and the iPCS Affiliates may elect to terminate this Agreement. (e) The parties acknowledge that for purposes of this Agreement (and only for purposes of this Agreement), Nextel Partners shall not be considered to be a “Related Party” of Sprint or Nextel until such time as it becomes a Subsidiary of Sprint. The parties agree that the preceding sentence addresses only the use of the term “Related Party” in this Agreement and has no bearing on the separate issue of whether Nextel Partners will be a “Related Party” of Sprint under the Management Agreements any time after the Sprint-Nextel Merger closes. Thus, this Section shall not be used in any proceeding in an attempt to argue or prove whether Nextel Partners is or will be a “Related Party” of Sprint under the Management Agreements.

Nextel Partners. (a) Sprint agrees that if Sprint and its Related Parties at any time own, directly or indirectly, 50% or more of the voting stock of Nextel Partners, Inc. or any successor to its business (“Nextel Partners”), Sprint shall cause Nextel Partners to be bound hereby by executing an addendum to this Agreement. Upon the execution of such addendum, Nextel Partners shall be bound hereby, and shall have the same rights and obligations hereunder as Sprint. Within five (5) Business Days of the date Sprint becomes the direct or indirect owner of 50% or more of the voting stock of Nextel Partners, Sprint shall deliver to iPCS UbiquiTel a fully executed addendum hereto as described above, whereupon iPCS UbiquiTel shall countersign such addendum. If Sprint fails to deliver such addendum, iPCS UbiquiTel may elect to terminate this Agreement, which shall constitute its sole remedy under this Agreement for such failure or for any failure of Nextel Partners and its Subsidiaries to comply with this Agreement prior to such time as Sprint Corporation directly or indirectly owns 100% of the voting stock of Nextel Partners (it being understood that nothing in this Agreement shall be construed as restricting iPCSUbiquiTel’s ability to claim a breach of the Management Agreements Agreement by reason of Sprint Corporation’s acquisition of greater than 50% of the voting stock of Nextel Partners or the activities of Nextel Partners following such acquisition). (b) Until such time as Sprint and its Related Parties acquires 100% of the voting stock of Nextel Partners, Nextel Partners will not have access to any Confidential Information. (c) The Affiliate Group will not be involved with any planning, marketing, operations or any other aspects of Sprint’s relationship with Nextel Partners regarding iDEN Products and Services, either prior to or following any acquisition by Sprint of any additional ownership interest in Nextel Partners. (d) Sprint will not permit the use of the Sprint Brands by Nextel Partners, unless ordered to do so by the final order of a court of competent jurisdiction. In the event Sprint is so ordered, iPCS and the iPCS Affiliates UbiquiTel may elect to terminate this Agreement. (e) The parties acknowledge that for purposes of this Agreement (and only for purposes of this Agreement), Nextel Partners shall not be considered to be a “Related Party” of Sprint or Nextel until such time as it becomes a Subsidiary of Sprint. The parties agree that the preceding sentence addresses only the use of the term “Related Party” in this Agreement and has no bearing on the separate issue of whether Nextel Partners will be a “Related Party” of Sprint under the Management Agreements Agreement any time after the Sprint-Nextel Merger closes. Thus, this Section shall not be used in any proceeding in an attempt to argue or prove whether Nextel Partners is or will be a “Related Party” of Sprint under the Management AgreementsAgreement.

Nextel Partners. (a) Sprint agrees that if Sprint and its Related Parties at any time own, directly or indirectly, 50% or more of the voting stock of Nextel Partners, Inc. or any successor to its business (“"Nextel Partners”"), Sprint shall cause Nextel Partners to be bound hereby by executing an addendum to this Agreement. Upon the execution of such addendum, Nextel Partners shall be bound hereby, and shall have the same rights and obligations hereunder as Sprint. Within five (5) Business Days of the date Sprint becomes the direct or indirect owner of 50% or more of the voting stock of Nextel Partners, Sprint shall deliver to iPCS the Affiliate a fully executed addendum hereto as described above, whereupon iPCS the Affiliate shall countersign such addendum. If Sprint fails to deliver such addendum, iPCS the Affiliate may elect to terminate this Agreement, which shall constitute its sole remedy under this Agreement for such failure or for any failure of Nextel Partners and its Subsidiaries to comply with this Agreement prior to such time as Sprint Corporation directly or indirectly owns 100% of the voting stock of Nextel Partners (it being understood that nothing in this Agreement shall be construed as restricting iPCS’s the Affiliate's ability to claim a breach of the Management Agreements Agreement by reason of Sprint Corporation’s 's acquisition of greater than 50% of the voting stock of Nextel Partners or the activities of Nextel Partners following such acquisition). (b) Until such time as Sprint and its Related Parties acquires 100% of the voting stock of Nextel Partners, Nextel Partners will not have access to any Confidential Information. (c) The Affiliate Group will not be involved with any planning, marketing, operations or any other aspects of Sprint’s 's relationship with Nextel Partners regarding iDEN Products and Services, either prior to or following any acquisition by Sprint of any additional ownership interest in Nextel Partners. (d) Sprint will not permit the use of the Sprint Brands by Nextel Partners, unless ordered to do so by the final order of a court of competent jurisdiction. In the event Sprint is so ordered, iPCS and the iPCS Affiliates Affiliate may elect to terminate this Agreement. (e) The parties acknowledge that for purposes of this Agreement (and only for purposes of this Agreement), Nextel Partners shall not be considered to be a “"Related Party” " of Sprint or Nextel until such time as it becomes a Subsidiary of Sprint. The parties agree that the preceding sentence addresses only the use of the term “"Related Party” " in this Agreement and has no bearing on the separate issue of whether Nextel Partners will be a “"Related Party” " of Sprint under the Management Agreements Agreement any time after the Sprint-Nextel Merger closes. Thus, this Section shall not be used in any proceeding in an attempt to argue or prove whether Nextel Partners is or will be a “"Related Party” " of Sprint under the Management AgreementsAgreement.