Common use of Specifications, Functionality and Service Quality Clause in Contracts

Specifications, Functionality and Service Quality. As of the date of this Amendment Agreement No. 2, the Parties have not formally agreed upon the specifications of the New FWA RSS Unit (“Specifications”). Notwithstanding the foregoing, the New FWA RSS Unit shall have at least the same form, function and fit of both of the current RSS Equipment jointly (the F2 and F5 RSS equipment), pursuant the Specifications provided to Axtel by Airspan and Nortel Networks (as the former manufacturer). Accordingly, the Parties agree as follows: (a) that by April 30, 2004, Airspan shall propose the Specifications to Axtel. In particular, Airspan will propose a revised RPCU, which may include a remote battery backup instead of an Integrated Battery Backup. In accordance with the foregoing, Airspan shall provide to Axtel the following: (i) the Specifications of the New FWA RSS Unit; (ii) a list with all the differences between the Specifications of the current FWA RSS equipment and the New FWA RSS Unit; (iii) Airspan shall provide the Product Development Schedule, in which shall be identified all the milestones with its correspondent target dates. (b) that by May 31, 2004, or such other date as the Parties may agree to in writing, Axtel and Airspan shall have agreed in writing upon the Specifications (the “Agreed Specifications”) and the acceptance procedure to be performed by the Parties under the First Market Application. The Agreed Specifications and the acceptance procedure shall then become a part of the FWA PLA, (c) Airspan shall monthly inform Axtel the advance and/or delays of the development of the New FWA RSS Unit pursuant the Product Development Schedule agreed by the Parties. In addition to the foregoing, Axtel will have the right to visit Airspan’s installations in order to review and evaluate the advances achieved by Airspan in the development of the New FWA RSS Unit. (d) Airspan will provide a number of 15 New RSS Units to Axtel by January 30th 2005 in order for Axtel to perform and have completed no later than March 15th 2005 a First Market Application of the New FWA RSS Unit before the New Equipment Commercial Launch, The New FWA RSS Unit shall pass successfully the First Market Application made by Axtel pursuant the acceptance procedure previously agreed by the Parties. Deliveries will commence 6 weeks after completion of the FMA (e) If Axtel considers it necessary, Axtel will have the right to request Airspan to assist Axtel in a verification office of the New FWA RSS Unit. Airspan will provide a quote for this service under the FWA TASS at reasonable costs and prices.

Specifications, Functionality and Service Quality. As of the date of this Amendment Agreement No. 2, the Parties have not formally agreed upon the specifications of the New FWA RSS Unit (“"Specifications”"). Notwithstanding the foregoing, the New FWA RSS Unit shall have at least the same form, function and fit of both of the current RSS Equipment jointly (the F2 and F5 RSS equipment), pursuant the Specifications provided to Axtel by Airspan and Nortel Networks (as the former manufacturer). Accordingly, the Parties agree as follows: (a) that by April 30, 2004, Airspan shall propose the Specifications to Axtel. In particular, Airspan will propose a revised RPCU, which may include a remote battery backup instead of an Integrated Battery Backup. In accordance with the foregoing, Airspan shall provide to Axtel the following: (i) the Specifications of the New FWA RSS Unit; (ii) a list with all the differences between the Specifications of the current FWA RSS equipment and the New FWA RSS Unit; (iii) Airspan shall provide the Product Development Schedule, in which shall be identified all the milestones with its correspondent target dates. (b) that by May 31, 2004, or such other date as the Parties may agree to in writing, Axtel and Airspan shall have agreed in writing upon the Specifications (the “"Agreed Specifications”") and the acceptance procedure to be performed by the Parties under the First Market Application. The Agreed Specifications and the acceptance procedure shall then become a part of the FWA PLA, (c) Airspan shall monthly inform Axtel the advance and/or delays of the development of the New FWA RSS Unit pursuant the Product Development Schedule agreed by the Parties. In addition to the foregoing, Axtel will have the right to visit Airspan’s 's installations in order to review and evaluate the advances achieved by Airspan in the development of the New FWA RSS Unit. (d) Airspan will provide a number of 15 New RSS Units to Axtel by January 30th 2005 in order for Axtel to perform and have completed no later than March 15th 2005 a First Market Application of the New FWA RSS Unit before the New Equipment Commercial Launch, The New FWA RSS Unit shall pass successfully the First Market Application made by Axtel pursuant the acceptance procedure previously agreed by the Parties. Deliveries will commence 6 weeks after completion of the FMA (e) If Axtel considers it necessary, Axtel will have the right to request Airspan to assist Axtel in a verification office of the New FWA RSS Unit. Airspan will provide a quote for this service under the FWA TASS at reasonable costs and prices.

Specifications, Functionality and Service Quality. As of the date of this Amendment Agreement No. 2, the Parties have not formally agreed upon the specifications of the New FWA RSS Unit (“Specifications”). Notwithstanding the foregoing, the New FWA RSS Unit shall have at least the same form, function and fit of both of the current RSS Equipment jointly (the F2 and F5 RSS equipment), pursuant the Specifications provided to Axtel by Airspan and Nortel Networks (as the former manufacturer). Accordingly, the Parties agree as follows: (a) that by April 30, 2004, Airspan shall propose the Specifications to Axtel. In particular, Airspan will propose a revised RPCU, which may include a remote battery backup instead of an Integrated Battery Backup. In accordance with the foregoing, Airspan shall provide to Axtel the following: (i) the Specifications of the New FWA RSS Unit;; 7 (ii) a list with all the differences between the Specifications of the current FWA RSS equipment and the New FWA RSS Unit; (iii) Airspan shall provide the Product Development Schedule, in which shall be identified all the milestones with its correspondent target dates. (b) that by May 31, 2004, or such other date as the Parties may agree to in writing, Axtel and Airspan shall have agreed in writing upon the Specifications (the “Agreed Specifications”) and the acceptance procedure to be performed by the Parties under the First Market Application. The Agreed Specifications and the acceptance procedure shall then become a part of the FWA PLA, (c) Airspan shall monthly inform Axtel the advance and/or delays of the development of the New FWA RSS Unit pursuant the Product Development Schedule agreed by the Parties. In addition to the foregoing, Axtel will have the right to visit Airspan’s installations in order to review and evaluate the advances achieved by Airspan in the development of the New FWA RSS Unit. (d) Airspan will provide a number of 15 New RSS Units to Axtel by January 30th 2005 in order for Axtel to perform and have completed no later than March 15th 2005 a First Market Application of the New FWA RSS Unit before the New Equipment Commercial Launch, The New FWA RSS Unit shall pass successfully the First Market Application made by Axtel pursuant the acceptance procedure previously agreed by the Parties. Deliveries will commence 6 weeks after completion of the FMA (e) If Axtel considers it necessary, Axtel will have the right to request Airspan to assist Axtel in a verification office of the New FWA RSS Unit. Airspan will provide a quote for this service under the FWA TASS at reasonable costs and prices.