Price of New FWA RSS Unit and New Packet Data Activation Fee Sample Clauses

Price of New FWA RSS Unit and New Packet Data Activation Fee. The Price of the New FWA RSS Unit will be as follows: (a) For the New FWA RSS Units Delivered, a Price of [ * ] per New FWA RSS Unit, provided that Axtel places and maintains Orders such that, by the last day of a given quarter, commencing January 1, 2005 and ending December 31, 2005, at least [ * ] RSS units are on hand and scheduled to be delivered in each the following two calendar quarters. The payment terms applicable for such Orders, will be: [ * ] four (4) months before the delivery of the products; [ * ] Upon delivery of the products For the purpose of clarification, Axtel shall place and maintain orders of at least [ * ] New FWA RSS Units per calendar quarter for its delivery from New Equipment Commercial Launch (April 1st 2005) until the end of the second quarter 2006. In the event Axtel does not place and maintain Orders for such amount of NEW FWA RSS Units for its respective delivery in any specific calendar quarter, Axtel shall pay for the equipment purchased in such quarter, an additional fee of [ * ] Dollars per unit. With respect to the Orders mentioned in this Section 2.6 (ii) (a), Axtel hereby acknowledges that such Orders are not cancelable, notwithstanding the foregoing, both Parties agree that Axtel will have the right to make changes to such Orders in quantities and/or delivery times 4 months prior to the originally scheduled delivery date, without reducing the total amount (value) of such Orders. (b) A fee of [ * ] will also be payable as a Packet Data Activation Fee. The Packet Data Activation Fee will include the cost of a data adaptor or a modem (“Packet Data Activation Unit”). The prices and fee payable under this section shall be paid in accordance with the provisions of section 2.2.1 above, and the payment by Axtel shall be as follows: [ * ] within five (5) days after the delivery of the Order; [ * ] when Axtel has activated at its customer the packet data functionality of such New RSS Unit. Axtel agrees to place and maintain Orders such that, at any given time after January 1, 2005, at least [ * ] RSS Packet Data Activation Units are scheduled to be delivered in each the following two calendar quarters (in the Second and Third Calendar Quarter of 2005). The Price of all RSS PD Activations delivered under Orders received that do not meet these requirements shall be priced at the price set forth above in this section plus [ * ].
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