Common use of WiMax Service Offerings Clause in Contracts

WiMax Service Offerings. If DCC conducts a general solicitation for suppliers to provide multiple WiMax Services in DCC Vehicles, HTI shall have the right to provide such WiMax Services to the end user if HTI offers to provide such WiMax Services on terms ***, or (y) acceptable to DCC or its Affiliate, as applicable. Upon mutual agreement on the terms, (A) the description of the WiMax Services and the terms applicable to such services and not otherwise contained in this Agreement shall be set forth in an amendment to this Agreement and (B) the definition of Embedded Cellular Technology shall be amended to thereafter include WiMax in its definition in Section 1 (in the same manner as ***, including for purposes of Sections 2(f)(i), 2(f)(ii) and 2(f)(iii)). If HTI fails under clause (x) in this Section 2(f)(iv), within *** of its receipt of DCC’s solicitation, to offer to provide all the WiMax Services on terms that ***, as applicable, than, *** for the provision of such services which DCC or its Affiliate, as applicable, is willing to accept, DCC or its Affiliate, as applicable, shall be entitled to offer such WiMax Services or to have third parties provide such services on terms that are ***, as applicable, ***, than the terms of the proposal with which HTI’s proposal was not competitive. If DCC or its Affiliate enters into an agreement with a third-party, in accordance with this Section 2(f)(iv), for such third-party to provide WiMax Services in DCC Vehicles, ***. As an exception ***, HTI shall be entitled to continue to provide the PASS Service and each Approved Additional Service with respect to DCC Vehicles as of such date (including each Approved Additional Service which HTI is then offering and each Approved Additional Service which HTI is then authorized to provide to DCC Vehicles in accordance with Section 2(f)(i) or Section 2(f)(iii), but which remains under development at such time in accordance with the terms applicable to such Approved Additional Service) and exclusivity shall continue to apply with respect to the PASS Service and the Approved Additional Services pursuant to, and subject to the terms of, Section 2(g)(i).

WiMax Service Offerings. If DCC conducts a general solicitation for suppliers to provide multiple WiMax Services in DCC Vehicles, HTI shall have the right to provide such WiMax Services to the end user if HTI offers to provide such WiMax Services on terms ***, or (y) acceptable to DCC or its Affiliate, as applicable. Upon mutual agreement on the terms, (A) the description of the WiMax Services and the terms applicable to such services and not otherwise contained in this Agreement shall be set forth in an amendment to this Agreement and (B) the definition of Embedded Cellular Technology shall be amended to thereafter include WiMax in its definition in Section 1 (in the same manner as ***, including for purposes of Sections 2(f)(i), 2(f)(ii) and 2(f)(iii)). If HTI fails under clause (x) in this Section 2(f)(iv), within *** of its receipt of DCC’s solicitation, to offer to provide all the WiMax Services on terms that ***, as applicable, than, *** for the provision of such services which DCC or its Affiliate, as applicable, is willing to accept, DCC or its Affiliate, as applicable, shall be entitled to offer such WiMax Services or to have third parties provide such services on terms that are ***, as applicable, ***, than the terms of the proposal with which HTI’s proposal was not competitive. If DCC or its Affiliate enters into an agreement with a third-party, in accordance with this Section 2(f)(iv), for such third-party to provide WiMax Services in DCC Vehicles, ***. As an exception ***, HTI shall be entitled to continue to provide the PASS Service and each Approved Additional Service with respect to DCC Vehicles as of such date (including each Approved Additional Service which HTI is then offering and each Approved Additional Service which HTI is then authorized to provide to DCC Vehicles in accordance with Section 2(f)(i) or Section 2(f)(iii), but which remains under development at such time in accordance with the terms applicable to such Approved Additional Service) and exclusivity shall continue to apply with respect to the PASS Service and the Approved Additional Services pursuant to, and subject to the terms of, Section 2(g)(i).