Common use of Process for Altering Definitions Clause in Contracts

Process for Altering Definitions. Formulae to Maintain Integrity of Relationship. At the call of any Party Representative, the Party Representatives shall meet, together with such other employees or advisors as may facilitate such meeting, to discuss concerns over the operation of the formulas and the scope of defined terms as a result of one or more changes in Clearwire's technology and/or business practices that individually or collectively produce a material adverse change to the Access Right Royalties or other material benefits that Licensee receives pursuant to this Agreement, and to determine if a reformation of this Agreement should be implemented to prevent or reverse such material adverse change(s). A. The Parties agree to share such information and to provide such technical assistance in collecting and evaluating such information as may be useful or necessary to facilitate the process required by Section 20(e)(i) and (ii). In connection with such consultation, any Party Representative may propose altering the scope of a term or formula under this Agreement (a "REFORMATION PROPOSAL") to achieve the goals set forth in Section 20(a) and to preserve the Licensee benefits set forth Section 7 or elsewhere in this Agreement. If the Parties agree on the change, they shall take such action as is necessary to amend this Agreement. If the Parties cannot agree on a proposed modification in a timely manner, any Party Representative may invoke the Special Dispute Resolution Procedure identified for this purpose in Section 21(d)(xii). Any Party Representative may invoke for the first time Special Dispute Resolution Procedure set forth above at any time following the Commencement Date. B. No Party Representative may invoke the Special Dispute Resolution Procedure in support of a Reformation Proposal on the same principal grounds more frequently than every five (5) years during the Term of this Agreement. By way of example but not limitation: no Party Representative's Reformation Proposal justified primarily on Clearwire network technical changes can be pursued through the Special Dispute Resolution Procedure within five (5) years of the immediately preceding Special Dispute Resolution Procedure justified primarily on Clearwire network technical changes. By way of further example and not limitation: no Party's Representative's Reformation Proposal justified primarily on Clearwire's changed business practices can be pursued through the Special Dispute Resolution Procedure within five (5) years of the immediately preceding Special Dispute Resolution Procedure justified primarily on Clearwire's changed business practices.

Process for Altering Definitions. Formulae to Maintain Integrity of Relationship. At the call of any Party Representative, the Party Representatives shall meet, together with such other employees or advisors as may facilitate such meeting, to discuss concerns over the operation of the formulas and the scope of defined terms as a result of one or more changes in Clearwire's technology and/or business practices that individually or collectively produce a material adverse change to the Access Right Royalties or other material benefits that Licensee receives pursuant to this Agreement, and to determine if a reformation of this Agreement should be implemented to prevent or reverse such material adverse change(s). A. The Parties agree to share such information and to provide such technical assistance in collecting and evaluating such information as may be useful or necessary to facilitate the process required by Section 20(e)(i) and (ii). In connection with such consultation, any Party Representative may propose altering the scope of a term or formula under this Agreement (a "REFORMATION PROPOSALReformation Proposal") to achieve the goals set forth in Section 20(a) and to preserve the Licensee benefits set forth Section 7 or elsewhere in this Agreement. If the Parties agree on the change, they shall take such action as is necessary to amend this Agreement. If the Parties cannot agree on a proposed modification in a timely manner, any Party Representative may invoke the Special Dispute Resolution Procedure identified for this purpose in Section 21(d)(xii). Any Party Representative may invoke for the first time Special Dispute Resolution Procedure set forth above at any time following the Commencement Date. B. No Party Representative may invoke the Special Dispute Resolution Procedure in support of a Reformation Proposal on the same principal grounds more frequently than every five (5) years during the Term of this Agreement. By way of example but not limitation: no Party Representative's Reformation Proposal justified primarily on Clearwire network technical changes can be pursued through the Special Dispute Resolution Procedure within five (5) years of the immediately preceding Special Dispute Resolution Procedure justified primarily on Clearwire network technical changes. By way of further example and not limitation: no Party's Representative's Reformation Proposal justified primarily on Clearwire's changed business practices can be pursued through the Special Dispute Resolution Procedure within five (5) years of the immediately preceding Special Dispute Resolution Procedure justified primarily on Clearwire's changed business practices.

Process for Altering Definitions. Formulae to Maintain Integrity of Relationship. At the call of any Party Representative, the Party Representatives shall meet, together with such other employees or advisors as may facilitate such meeting, to discuss concerns over the operation of the formulas and the scope of defined terms as a result of one or more changes in Clearwire's technology and/or business practices that individually or collectively produce a material adverse change to the Access Right Royalties or other material benefits that Licensee receives some or all of the Licensees receive pursuant to this Agreement, and to determine if a reformation of this Agreement or any or all EBS Spectrum IUAs should be implemented to prevent or reverse such material adverse change(s). A. (i) The Parties agree to share such information and to provide such technical assistance in collecting and evaluating such information as may be useful or necessary to facilitate the process required by Section 20(e)(i8.06(a) and (iib). In connection with such consultation, any Party Representative may propose altering the scope of a term or formula under this Agreement or an IUA (a "REFORMATION PROPOSALReformation Proposal") to achieve the goals set forth in Section 20(a) 8.01 and to preserve the Licensee benefits set forth Section 7 Article III or elsewhere in this Agreement. If the Parties agree on the change, they shall take such action as is necessary to amend this AgreementAgreement and the applicable IUAs. If the Parties cannot agree on a proposed modification in a timely manner, any Party Representative may invoke the Special Dispute Resolution Procedure identified for this purpose in Section 21(d)(xii11.12(d). Any Party Representative may invoke for the first time Special Dispute Resolution Procedure set forth above at any time following the Commencement DateDate of an IUA between such Parties. B. (ii) No Party Representative may invoke the Special Dispute Resolution Procedure in support of a Reformation Proposal on the same principal grounds more frequently than every five (5) years during the Term of this Agreement. By way of example but not limitation: no Party Representative's Reformation Proposal justified primarily on Clearwire network technical changes can be pursued through the Special Dispute Resolution Procedure within five (5) years of the immediately preceding Special Dispute Resolution Procedure justified primarily on Clearwire network technical changes. By way of further example and not limitation: no Party's Representative's Reformation Proposal justified primarily on Clearwire's changed business practices can be pursued through the Special Dispute Resolution Procedure within five (5) years of the immediately preceding Special Dispute Resolution Procedure justified primarily on Clearwire's changed business practices.