Common use of Pricing for Dial-Up Access Services Clause in Contracts

Pricing for Dial-Up Access Services. (a) Monthly EDAP Charge. ------------------- (i) The monthly recurring charge (such charge, as may be adjusted pursuant to the Agreement, the "Monthly EDAP Charge") for one (1) Dedicated Dial-Up Access Port corresponding to the first [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Dedicated Dial-Up Access Ports of the Dial-Up Purchase Commitment only (such port an "Existing Dedicated Dial-Up Access Port") shall be set at the Existing DAP Market Price, as set forth in Exhibit B-2, and shall be automatically reduced according to the schedule set forth in Exhibit B-2. In addition, the Monthly EDAP Charge may be further reduced as provided in this Article 8 of this Schedule B. The Parties acknowledge that the Monthly EDAP Charge described in the first sentence of Article 2 of Exhibit B-2 shall apply retroactively to October 1, 1999, and Vendor shall provide Customer with a refund of any amounts paid for the corresponding Dial-Up Access Services in excess of such price under the Original Agreement. (ii) Following a review of the applicable leases (but in no event later than 45 days after the Effective Date), Vendor shall inform Customer as to the extent to which it desires to (1) assume the operating leases for certain modems, racks and cables for the Existing Dedicated Dial-Up Access Ports leased by Customer (collectively the "Leased Items"), and (2) purchase certain modems, racks and cables for the Existing Dedicated Dial-Up Access Ports owned by Customer (collectively, the "Owned Items"). To the extent that the Parties agree, the Parties shall enter into an amendment under which (A) Vendor shall assume the operating leases for the Leased Items, subject to the terms of such leases and to the rights of third parties in such Leased Items, and (B) Customer shall pass to Vendor title for the Owned Items pursuant to economic terms to be mutually agreed upon, subject to Customer's rights in such equipment. Such amendment shall reflect that, with respect to Vendor's assumption of the leases of the Leased Items, Customer will, on a pass-through expense basis (i.e., without markup), pay leasing costs as and when required under the terms of the leases for the Leased Items. Such amendment shall also reflect that any cost savings achieved by Vendor with respect to leasing and capital costs for the Leased Items will be shared equally between Customer and Vendor. If Vendor decides not to assume the leases for the Leased Items, the rights and obligations of the Parties with respect to the Leased Items shall be as described in the Original Agreement. If Vendor decides not to purchase the Owned -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc./BBN Corporation CONFIDENTIAL Schedule B Schedule B - Page 28 Items, Customer shall continue to bear the actual capital costs of the Owned Items in accordance with the terms of the Original Agreement.

Pricing for Dial-Up Access Services. (a) Monthly EDAP Charge. ------------------- (i) The monthly recurring charge (such charge, as may be adjusted pursuant to the Agreement, the "Monthly EDAP Charge") for one (1) Dedicated Dial-Up Access Port corresponding to the first [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Dedicated Dial-Up Access Ports of the Dial-Up Purchase Commitment only (such port an "Existing Dedicated Dial-Up Access Port") shall be set at the Existing DAP Market Price, as set forth in Exhibit B-2, and shall be automatically reduced according to the schedule set forth in Exhibit B-2. In addition, the Monthly EDAP Charge may be further reduced as provided in this Article 8 of this Schedule B. The Parties acknowledge that the Monthly EDAP Charge described in the first sentence of Article 2 of Exhibit B-2 shall apply retroactively to October 1, 1999, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] and Vendor shall provide Customer with a refund of any amounts paid for the corresponding Dial-Up Access Services in excess of such price under the Original Agreement.. CONFIDENTIAL TREATMENT REQUESTED (ii) Following a review of the applicable leases (but in no event later than 45 days after the Effective Date), Vendor shall inform Customer as to the extent to which it desires to (1) assume the operating leases for certain modems, racks and cables for the Existing Dedicated Dial-Up Access Ports leased by Customer (collectively the "Leased Items"), and (2) purchase certain modems, racks and cables for the Existing Dedicated Dial-Up Access Ports owned by Customer (collectively, the "Owned Items"). To the extent that the Parties agree, the Parties shall enter into an amendment under which (A) Vendor shall assume the operating leases for the Leased Items, subject to the terms of such leases and to the rights of third parties in such Leased Items, and (B) Customer shall pass to Vendor title for the Owned Items pursuant to economic terms to be mutually agreed upon, subject to Customer's rights in such equipment. Such amendment shall reflect that, with respect to Vendor's assumption of the leases of the Leased Items, Customer will, on a pass-through expense basis (i.e., without markup), pay leasing costs as and when required under the terms of the leases for the Leased Items. Such amendment shall also reflect that any cost savings achieved by Vendor with respect to leasing and capital costs for the Leased Items will be shared equally between Customer and Vendor. If Vendor decides not to assume the leases for the Leased Items, the rights and obligations of the Parties with respect to the Leased Items shall be as described in the Original Agreement. If Vendor decides not to purchase the Owned -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc./BBN Corporation CONFIDENTIAL Schedule B Schedule B - Page 28 Items, Customer shall continue to bear the actual capital costs of the Owned Items in accordance with the terms of the Original Agreement.

Pricing for Dial-Up Access Services. (a) Monthly EDAP Charge. ------------------- (i) The monthly recurring charge (such charge, as may be adjusted pursuant to the Agreement, the "Monthly EDAP Charge") for one (1) Dedicated Dial-Up Access Port corresponding to the first [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Dedicated Dial-Up Access Ports of the Dial-Up Purchase Commitment only (such port an "Existing Dedicated Dial-Up Access Port") shall be set at the Existing DAP Market Price, as set forth in Exhibit B-2, and shall be automatically reduced according to the schedule set forth in Exhibit B-2. In addition, the Monthly EDAP Charge may be further reduced as provided in this Article 8 of this Schedule B. The Parties acknowledge that the Monthly EDAP Charge described in the first sentence of Article 2 of Exhibit B-2 shall apply retroactively to October 1, 1999, and Vendor shall provide Customer with a refund of any amounts paid for the corresponding Dial-Up Access Services in excess of such price under the Original Agreement. (ii) Following a review of the applicable leases (but in no event later than 45 days after the Effective Date), Vendor shall inform Customer as to the extent to which it desires to (1) assume the operating leases for certain modems, racks and cables for the Existing Dedicated Dial-Up Access Ports leased by Customer (collectively the "Leased Items"), and (2) purchase certain modems, racks and cables for the Existing Dedicated Dial-Up Access Ports owned by Customer (collectively, the "Owned Items"). To the extent that the Parties agree, the Parties shall enter into an amendment under which (A) Vendor shall assume the operating leases for the Leased Items, subject to the terms of such leases and to the rights of third parties in such Leased Items, and (B) Customer shall pass to Vendor title for the Owned Items pursuant to economic terms to be mutually agreed upon, subject to Customer's rights in such equipment. Such amendment shall reflect that, with respect to Vendor's assumption of the leases of the Leased Items, Customer will, on a pass-through expense basis (i.e., without markup), pay leasing costs as and when required under the terms of the leases for the Leased Items. Such amendment shall also reflect that any cost savings achieved by Vendor with respect to leasing and capital costs for the Leased Items will be shared equally between Customer and Vendor. If Vendor decides not to assume the leases for the Leased Items, the rights and obligations of the Parties with respect to the Leased Items shall be as described in the Original Agreement. If Vendor decides not to purchase the Owned -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc./BBN Corporation CONFIDENTIAL Schedule B Schedule B - Page 28 Items, Customer shall continue to bear the actual capital costs of the Owned Items in accordance with the terms of the Original Agreement.