Common use of Non-Competition Restrictions Clause in Contracts

Non-Competition Restrictions. (a) Each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself and with respect to each of its Subsidiaries, not to own or operate, or acquire or increase, except pursuant to existing preemptive rights, any equity interest in any Person that owns (or has entered an agreement to acquire) or operates (or whose Affiliate owns (or has entered an agreement to acquire) or operates) a Mobile Telecommunications Infrastructure (as defined below) in the other party's Home Territory. (b) Each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself and with respect to each of its Subsidiaries, that it will not be a Reseller (as defined below) in the other party's Home Territory nor will it acquire or increase, except pursuant to existing preemptive rights, any equity interest in any Person that is, or has entered an agreement to acquire (or whose Affiliate is (or has entered an agreement to acquire)), a Reseller in the other party's Home Territory. (c) Each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself, and with respect to each of its Subsidiaries, not to provide any, or provide rights to any, Mobile Multimedia Contribution (as defined below) to any Person that is (or whose Affiliate is) engaged in any of the businesses described in Sections 10.1(a) or (b) in the other party's Home Territory, except that DoCoMo may provide such contribution outside of AT&T Wireless's Home Territory if the recipient thereof is bound by non-exportation restrictions with respect to AT&T Wireless's Home Territory similar to those imposed upon AT&T Wireless herein. (d) Nothing in Sections 10.1(a) or (b) shall be construed to prohibit any party from entering into customary commercial roaming agreements. (e) Without limiting Sections 10.1(a), (b) or (c), for a period of 48 months from the Closing Date, each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself, and with respect to each of its Subsidiaries, not to provide Mobile Multimedia Contribution to any Person that engages or intends, to the party's actual knowledge, to engage (or whose Affiliate engages or intends, to the party's actual knowledge, to engage) in the other party's Home Territory in the business of developing or maintaining a Mobile Portal (as defined below). After the expiration of the 48-month period, DoCoMo and AT&T Wireless will discuss in good faith appropriate revisions to the restrictions on competition or the termination of such restrictions with respect to Mobile Portals in light of the then current state of the mobile telecommunications markets. Unless an alternate agreement is reached, after such 48-month period, DoCoMo may take any of the actions otherwise prohibited under the first sentence of this Section 10.1(e), but only in accordance with the Release Conditions (as defined below). After such 48-month period, AT&T and AT&T Wireless shall no longer be subject to the restrictions contained in this Section 10.1(e).

Non-Competition Restrictions. (a) Each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself and with respect to each of its Subsidiaries, not to own or operate, or acquire or increase, except pursuant to existing preemptive rights, any equity interest in any Person that owns (or has entered an agreement to acquire) or operates (or whose Affiliate owns (or has entered an agreement to acquire) or operates) a Mobile Telecommunications Infrastructure (as defined below) in the other party's ’s Home Territory. (b) Each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself and with respect to each of its Subsidiaries, that it will not be a Reseller (as defined below) in the other party's ’s Home Territory nor will it acquire or increase, except pursuant to existing preemptive rights, any equity interest in any Person that is, or has entered an agreement to acquire (or whose Affiliate is (or has entered an agreement to acquire)), a Reseller in the other party's ’s Home Territory. (c) Each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself, and with respect to each of its Subsidiaries, not to provide any, or provide rights to any, Mobile Multimedia Contribution (as defined below) to any Person that is (or whose Affiliate is) engaged in any of the businesses described in Sections 10.1(a) or (b) in the other party's ’s Home Territory, except that DoCoMo may provide such contribution outside of AT&T Wireless's ’s Home Territory if the recipient thereof is bound by non-exportation restrictions with respect to AT&T Wireless's ’s Home Territory similar to those imposed upon AT&T Wireless herein. (d) Nothing in Sections 10.1(a) or (b) shall be construed to prohibit any party from entering into customary commercial roaming agreements. (e) Without limiting Sections 10.1(a), (b) or (c), for a period of 48 months from the Closing Date, each of AT&T and AT&T Wireless, on the one hand, and DoCoMo, on the other, agrees with respect to itself, and with respect to each of its Subsidiaries, not to provide Mobile Multimedia Contribution to any Person that engages or intends, to the party's ’s actual knowledge, to engage (or whose Affiliate engages or intends, to the party's ’s actual knowledge, to engage) in the other party's ’s Home Territory in the business of developing or maintaining a Mobile Portal (as defined below). After the expiration of the 48-month period, DoCoMo and AT&T Wireless will discuss in good faith appropriate revisions to the restrictions on competition or the termination of such restrictions with respect to Mobile Portals in light of the then current state of the mobile telecommunications markets. Unless an alternate agreement is reached, after such 48-month period, DoCoMo may take any of the actions otherwise prohibited under the first sentence of this Section 10.1(e), but only in accordance with the Release Conditions (as defined below). After such 48-month period, AT&T and AT&T Wireless shall no longer be subject to the restrictions contained in this Section 10.1(e).