Technology Commitment Sample Clauses
Technology Commitment. (a) AT&T (prior to consummation of the Spin-off) and AT&T Wireless (after consummation of the Spin-off) agree that, except as set forth below, the Wireless Group (prior to the Spin-off) or AT&T Wireless (after the Spin-off) will have launched service based on W-CDMA technology in 13 of the top 50 wireless markets in the United States (defined as BTAs numbered 1 through 50 set forth on Schedule 4.1 hereto) by June 30, 2004. Failure to achieve this target will be excused (i) if DoCoMo at any time ceases to actively support and promote W-CDMA technology as the primary standard for its delivery of wireless services based on 3G technology or if DoCoMo is no longer actively supporting and promoting wireless services based on 3G technology, (ii) if the failure is due to factors beyond AT&T’s (prior to consummation of the Spin-off) or AT&T Wireless’s (after consummation of the Spin-off) reasonable power to affect or control, including, without limitation, delay in availability, or unavailability, of equipment, software, spectrum, cell sites or other items needed for the construction and operation of the W-CDMA service, provided that AT&T (prior to consummation of the Spin-off) or AT&T Wireless (after the consummation of the Spin-off) shall have used commercially reasonable efforts to take reasonable steps to acquire such equipment, software, spectrum, cell sites or other items so needed, (iii) if AT&T (prior to consummation of the Spin-off) or AT&T Wireless (after the consummation of the Spin-off) is unable to obtain regulatory approvals, licenses and permits necessary for the launch of services based on W-CDMA technology on a timely basis and without the imposition of burdensome conditions or restrictions, provided that AT&T (prior to consummation of the Spin-off) and AT&T Wireless (after the consummation of the Spin-off) shall have used commercially reasonable efforts to take reasonable steps to obtain such approvals, licenses and permits, or
Technology Commitment. 25 Section 4.2 Joint Research and Development Effort........................................26 Section 4.3
Technology Commitment. Section 4.1(a) of the Agreement is amended by deleting the first sentence thereof and inserting the following sentences prior to the remaining sentences: No later than December 31, 2004, AT&T Wireless will launch service based on W-CDMA technology using an aggregate of no less than one thousand (1,000) new or existing cell sites within the Seattle, Washington; San Francisco, California Bay Area; San Diego, California; and Dallas, Texas markets (the “3G Launch Obligation”). Notwithstanding the foregoing, if AT&T Wireless determines that such launch in the Dallas, Texas market and/or the San Diego, California market would not be commercially or technologically feasible or desirable, then AT&T Wireless may substitute, at its option, (x) the Miami, Florida market or the Detroit, Michigan market in lieu of Dallas, Texas and/or (y) any of the following markets (other than, if applicable, the market to be substituted for Dallas, Texas) in lieu of San Diego, California: Miami, Florida; Phoenix, Arizona; Houston, Texas; or Detroit, Michigan; provided, that if AT&T Wireless determines that such launch in each such permitted substitute market for San Diego, California would not be commercially or technologically feasible or desirable, AT&T Wireless may substitute another market in lieu of San Diego, California, covering a comparable number of licensed pops (based on the licensed pops figures contained in the then most current Claritas survey or comparable recognized survey if there is no Claritas survey), subject to DoCoMo’s consent which shall not be unreasonably withheld; and provided, further, that no such substitution or substitutions shall affect the obligation of AT&T Wireless to launch such service
Technology Commitment. Section 4.1(a) of the Agreement is amended by deleting the first sentence thereof and inserting the following sentences prior to the remaining sentences: using an aggregate of no less than one thousand (1,000) new or existing cell sites. In the event of any such substitution or substitutions, the term "3G Launch Obligation" shall refer to such launch in the four selected markets giving effect to such substitution or substitutions. The deployment of such service shall target footprints within the four selected markets indicated by the pink shaded areas set forth on the maps of such markets attached hereto as Schedule 4.1 (or in the case of a substitute market not included in such maps, the designated area of such market depicted on a map submitted by AT&T Wireless to DoCoMo as part of its request for consent pursuant to the first proviso of the second sentence of this Section 4.1(a)), and at least 90% (900) of the cell sites used to deploy such service shall be located within such pink shaded (or designated) areas. A launch shall be deemed to be a "launch" in compliance with this Section 4.1(a) if it includes, in addition to the requirements set forth in the foregoing sentences of this Section 4.1(a), the marketing of such service through sales channels and employing marketing techniques that, in each case, are appropriate to the service offering and designed to target early-adopters and high-technology businesses located within the targeted footprints.