Services Requested by Sprint Sample Clauses

Services Requested by Sprint. If Sprint wants to have a product or service that is either a Licensable Service or a Possible Future Service offered in the Territory and is at the time of the request not offered in the Territory, then Sprint will first request that Call-Net provide to customers in the Territory the product or service. The request from Sprint will be in writing and describe: (i) the requested product or service, (ii) the terms on which Sprint requests the products or services to be offered, and (iii) any other relevant information that Call-Net may need to evaluate its ability to provision the product or service. Call-Net agrees to take all reasonable steps to implement the requested product or service as promptly as possible in accordance with the provisions in this section. However, Call-Net is not obligated to take any steps to implement a requested product or service if Call-Net is already providing a functionally equivalent and seamless product or service from the perspective of the customer, subject to Canadian Requirements, at the time of the request; in such circumstances, Sprint’s rights to offer the product or service in the Territory as provided below does not apply. If Call-Net’s provisioning of the product or service in the Territory is not reasonably expected by Call-Net to produce sufficient revenues to cover all Incremental Costs (modified as necessary for this context) to Call-Net and a reasonable operating margin for Call-Net, the parties will endeavor to agree on fair and equitable financial arrangements to assure that Call-Net can provide the product or service on a basis that covers all Incremental Costs and a reasonable operating margin for Call-Net. If within 60 days after Sprint’s request the parties cannot reach agreement with respect to the financial arrangements, Sprint has the right for [ * ] after the end of the 60 day period to enter into agreements with its Affiliates or third parties for the implementation and operation of the product or service in the Territory, on terms no more favorable to the other party than those last offered to Call-Net. If Sprint decides to provide the product or service itself or through an Affiliate, Sprint must use commercially reasonable efforts to utilize Call-Net’s facilities in providing the product or service, except Sprint does not have to approach Call-Net regarding utilization of Call-Net’s facilities for the product or service if Call-Net refused to offer the product or service primarily because it did ...