Subscriber Terminal Equipment Availability Sample Clauses

Subscriber Terminal Equipment Availability. Subscriber Terminal ------------------------------------------ Equipment Availability means HCG's representation on the date hereof that, under the SPS Developer Agreement, TCE has represented to HCG that (i) the price that TCE will charge for the sale of Subscriber Terminal Equipment on an original equipment manufacturer basis will not exceed the pricing as set forth in Exhibit 2.04-1 for purchases on the terms set forth therein; (ii) TCE's suggested retail price to a retailer for the Subscriber Terminal Equipment will not exceed Seven Hundred Dollars ($700.00) per unit; (iii) the Subscriber Terminal Equipment will meet the specific performance specifications set forth in Exhibit 2.04-2; and (iv) manufacturing production of the Subscriber Terminal Equipment is scheduled to commence no later than the date set forth on Exhibit 2.04-3. It is expressly agreed and understood by the parties (x) that HCG does not guarantee the availability of any quantities of any Subscriber Terminal Equipment from TCE to NRTC (which only TCE can guarantee); and (y) that the performance specifications of Exhibit 2.04-2 may be modified or expanded by HCG from time-to-time to reflect modifications or expansions reasonably agreed upon by HCG and TCE that do not substantially and adversely affect such performance specifications, and that HCG shall promptly provide written notice to NRTC of any such modifications or expansions. The development status of the Subscriber Terminal Equipment shall be included in the progress reports provided to NRTC pursuant to Section 16.01. NRTC may negotiate directly with TCE to seek to obtain volume shipments, price discounts, and design changes or equipment additions that NRTC may need for its own DBS business; provided that any such design changes or equipment additions shall not eliminate or degrade any of the Subscriber Terminal Equipment specifications contained in Exhibit 2.04-2 or otherwise adversely affect HCG's ability to operate its DBS business or to perform its obligations under this Agreement. NRTC shall bear the full cost of any such design changes or equipment additions and NRTC agrees that any such changes or additions may not be implemented in a way that could delay the development, shipment dates, quantity, or manufacture of, or degrade the performance of, the Subscriber Terminal Equipment under the SPS Developer Agreement. HCG shall provide NRTC with a contract summary of the SPS Developer Agreement, compiled by HCG and TCE, and sha...
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Related to Subscriber Terminal Equipment Availability

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