Common use of Provision of Interim Service Clause in Contracts

Provision of Interim Service. (a) Inasmuch as the deployment of the System does not currently reach all locations set forth in Part 1 of Exhibit A, Xxxxxxxx shall provide, subject to availability and on a non-discriminatory basis, Telecommunications Services on the Xxxxxxxx Network in accordance with the terms of this Agreement. Such Telecommunications Services may be part of the Minimum Commitment or may be Additional Services. (b) At the request of Xxxxxxxx, WinStar shall pay for Other Services or Additional Services requested by WinStar in accordance with the terms of this Agreement. (c) Within ninety (90) days after each of the first five (5) anniversaries of the Effective Date, Xxxxxxxx shall determine WinStar's actual use of Minimum Commitment for the year ending on such anniversary and shall send such information to WinStar for review. Irrespective of any shortfall in Minimum Commitment actually used by WinStar during any period, in no event shall any refund, rebate or reduction in the Contract Price be granted or paid to WinStar as a result of any such shortfall. Xxxxxxxx shall be obligated to accept any conforming Service Orders issued by WinStar for On-Net Telecommunications Services up to the Minimum Commitment during the first five anniversaries of the Effective Date. Xxxxxxxx shall permit WinStar to take up to two (2) months beyond the fifth anniversary beyond the Effective Date to use Telecommunications Services requested and paid for under a Service Order for On-Net Telecommunications Services issued prior to the end of the fifth anniversary of the Effective Date to enable WinStar to meet the Minimum Commitment. Notwithstanding the foregoing, WinStar shall have additional time beyond the foregoing five year period to meet the Minimum Commitment to the extent WinStar's failure to meet the Minimum Commitment is due to delays by Xxxxxxxx' in providing any of the On-Net Telecommunications Services by the firm order commitment date issued by Xxxxxxxx during such five year period.

Provision of Interim Service. (a) Inasmuch as the deployment of the System does not currently reach all locations set forth in Part 1 of Exhibit A, Xxxxxxxx shall Willxxxx xxxll provide, subject to availability and on a non-discriminatory basis, Telecommunications Services on the Xxxxxxxx Network Willxxxx Xxxwork in accordance with the terms of this Agreement. Such Telecommunications Services may be part of the Minimum Commitment or may be Additional Services. (b) At the request of XxxxxxxxWillxxxx, WinStar XxnStar shall pay for Other Services or Additional Services requested by WinStar in accordance with the terms of this Agreement. (c) Within ninety (90) days after each of the first five (5) anniversaries of the Effective Date, Xxxxxxxx shall Willxxxx xxxll determine WinStar's actual use of Minimum Commitment for the year ending on such anniversary and shall send such information to WinStar for review. Irrespective of any shortfall in Minimum Commitment actually used by WinStar during any period, in no event shall any refund, rebate or reduction in the Contract Price be granted or paid to WinStar as a result of any such shortfall. Xxxxxxxx shall Willxxxx xxall be obligated to accept any conforming Service Orders issued by WinStar for On-Net Telecommunications Services up to the Minimum Commitment during the first five anniversaries of the Effective Date. Xxxxxxxx shall Willxxxx xxxll permit WinStar to take up to two (2) months beyond the fifth anniversary beyond the Effective Date to use Telecommunications Services requested and paid for under a Service Order for On-Net Telecommunications Services issued prior to the end of the fifth anniversary of the Effective Date to enable WinStar to meet the Minimum Commitment. Notwithstanding the foregoing, WinStar shall have additional time beyond the foregoing five year period to meet the Minimum Commitment to the extent WinStar's failure to meet the Minimum Commitment is due to delays by XxxxxxxxWillxxxx' in xx providing any of the On-Net Telecommunications Services by the firm order commitment date issued by Xxxxxxxx during Willxxxx xxxing such five year period.