Common use of OPERATOR'S DIGITAL NETWORK Clause in Contracts

OPERATOR'S DIGITAL NETWORK. (i) Subject to SUBPARAGRAPHS 3(b)(i) AND (ii), Operator will use reasonable efforts to prepare FCC applications for two-way facilities in the Market Area as soon as possible, subject to Operator's overall business development plans approved by the Board of Directors of Operator, or to the extent applicable, by the Board of Directors of Operator's ultimate parent, and consistent, to the extent reasonably achievable, with the educational objectives of Licensee which involve the System. Operator will use reasonable efforts to notify Licensee in writing at least ninety (90) days prior to its plans to begin developing two-way facilities in the Market Area, and to submit written updates to Licensee of any material changes to such plans, until such time that Operator has launched services to the public in the Market Area. Subject to SUBPARAGRAPH 3(b)(ii), the timing of such construction will be at Operator's discretion, provided the construction shall be consistent with the Licenses and FCC Rules. (ii) The Parties intend that the System of which the ITFS Channels will form a part will, subject to required FCC authorizations and FCC Rules, provide an array of services and functionalities selected by Operator in accordance with its business plan, as such business plan may evolve from time to time, and the Parties anticipate that the architecture of the System and its service set will evolve in accordance with technological developments and Operator's plan to employ technological developments in its business. Accordingly, it is the intention and the agreement of the Parties that this Agreement shall be understood and interpreted in an expansive fashion to adapt to such changes in technology, so as to give effect to the original intent of the Parties as closely as possible in order that the provisions hereof are given effect as originally contemplated to the greatest extent possible. (iii) Subject to SUBPARAGRAPH 3(b)(ii), at such time as Operator determines to construct a two-way system in the Market Area, Operator shall notify Licensee and consult with Licensee on the schedule. The date on which Operator commences digital commercial operations on any ITFS Channel authorized by special temporary or regular authority to Licensee in the Market Area shall be deemed to be the "Start Date."

OPERATOR'S DIGITAL NETWORK. (i) Subject to SUBPARAGRAPHS 3(b)(i) AND (ii), Operator will use reasonable efforts to prepare any necessary FCC applications for two-way facilities in the Market Area as soon as possible, subject to Operator's overall business development plans approved by the Board of Directors of Operator, or to the extent applicable, by the Board of Directors of Operator's ultimate parent, and consistent, to the extent reasonably achievable, with the educational objectives of Licensee which involve the System. Operator will use reasonable efforts to notify Licensee in writing at least ninety (90) days prior to its plans to begin developing two-way facilities in the Market Area, and to submit written updates to Licensee of any material changes to such plans, until such time that Operator has launched services to the public in the Market Area. Subject to SUBPARAGRAPH 3(b)(ii), the timing of such construction will be at Operator's discretion, provided the construction shall be consistent with the Licenses and FCC Rules. (ii) The Parties intend that the System of which the ITFS EBS Channels will form a part will, subject to required FCC authorizations and FCC Rules, provide an array of services and functionalities selected by Operator in accordance with its business plan, as such business plan may evolve from time to time, and the Parties anticipate that the architecture of the System and its service set will evolve in accordance with technological developments and Operator's plan to employ technological developments in its business. Accordingly, it is the intention and the agreement of the Parties that this Agreement shall be understood and interpreted in an expansive fashion to adapt to such changes in technology, so as to give effect to the original intent of the Parties as closely as possible in order that the provisions hereof are given effect as originally contemplated to the greatest extent possible. (iii) Subject to SUBPARAGRAPH 3(b)(ii), at such time as Operator determines to construct a two-way system in the Market Area, Operator shall notify Licensee and consult with Licensee on the schedule. The date on which Operator commences digital commercial operations on any ITFS EBS Channel authorized by special temporary or regular authority to Licensee in the Market Area shall be deemed to be the "Start Date."