Common use of Wholesale Agreement Clause in Contracts

Wholesale Agreement. Between ninety (90) and sixty (60) days prior to the initiation of service to the public in the Market Area with the ITFS Channels, Operator shall provide Licensee with a complete and, except for non-price and non-service information as would identify the customer or any proprietary technology of the customer, unredacted copy of each presently effective, non-duplicative Wholesale Agreement whereby Operator or any of its Affiliates offers any radio-based transmission service or service including radio-based transmission, either with or without other services and equipment, to third parties in the Market Area. As used herein, "Wholesale Agreement" means an agreement for the sale to third parties who are not Affiliates of Operator, on an arms length basis, of a package of wireless communications services to a third party reseller who packages such services and offers them on a retail basis without creating the services. In the event that there are no such Wholesale Agreements for the Market Area, Operator shall provide Licensee with Wholesale Agreements for a reasonable number of comparable market areas, if any, and such contracts shall be considered the Wholesale Agreement for the Market Area, provided Operator shall not be obligated to provide or offer contracts which Operator reasonably determines are not commercially reasonable or technically feasible in the Market Area. In the event that Licensee

Wholesale Agreement. Between ninety (90) and sixty (60) days prior to the initiation of service to the public in the Market Area with the ITFS EBS Channels, Operator shall provide Licensee with a complete and, except for non-price and non-service information as would identify the customer or any proprietary technology of the customer, unredacted copy of each presently effective, non-duplicative Wholesale Agreement whereby Operator or any of its Affiliates offers any radio-based transmission service or service including radio-based transmission, either with or without other services and equipment, to third parties in the Market Area. As used herein, "Wholesale Agreement" means an agreement for the sale to third parties who are not Affiliates of Operator, on an arms length basis, of a package of wireless communications services to a third party reseller who packages such services and offers them on a retail basis without creating the services. In the event that there are no such Wholesale Agreements for the Market Area, Operator shall provide Licensee with Wholesale Agreements for a reasonable number of comparable market areas, if any, and such contracts shall be considered the Wholesale Agreement for the Market Area, provided Operator shall not be obligated to provide or offer contracts which Operator reasonably determines are not commercially reasonable or technically feasible in the Market Area. In the event that Licensee