Common use of Reference Contract Clause in Contracts

Reference Contract. Licensee shall be entitled to select any Wholesale Agreement to serve as the basis for its contract with Operator for any activation of Licensee's Educational Reservation, Licensee's Intermediate Capacity and Excess Capacity (a "Reference Contract"), and Operator and Licensee shall be obligated to accept all terms, conditions, rights and obligations associated with such contract, including, without limitation, terms related to price, term, volume commitment, and service levels, except (w) that the terms for the provision of Customer Premises Equipment shall be in accordance with PARAGRAPH 6 hereof; (x) that the price paid by Licensee for services associated with Licensee's Educational Reservation shall be zero, the price paid for Licensee's Intermediate Capacity shall be governed by SUBPARAGRAPH 2(f)(i), and the price paid for Excess Capacity shall be governed by SUBPARAGRAPH 2(f)(ii); (y) the provisions of Subparagraph 2(h) shall govern Enhanced Features, Network Management Services, Internet Transit for Five Percent Users and Collocation, and (z) to the extent that any provision of this Agreement contradicts any provision or requirement of such Reference Contract, the applicable provision of this Agreement shall control and shall be incorporated into such Reference Contract to the extent required to eliminate such contradiction.