Examples of ESMR Network in a sentence
Except as provided in Section 4.18, the Company will have the obligations described in Article 6 with respect to all frequencies in its ESMR Network consistent with the Build-Out schedule of Exhibit 6, and the Company will be responsible for any construction of Partner Frequencies required by the FCC Rules.
The Company will be responsible for the frequency design in the Territory and will be required to adhere to standards for the use of the radio frequencies in the ESMR Network as in effect at the relevant time and applicable generally to the NDS ESMR Network operations.
Within 20 days after the beginning of each calendar quarter, the Company shall give NWIP notice designating the number and general location of all tower sites that the Company needs to construct as part of the Build Out of its ESMR Network for that quarter, other than Excepted Tower Sites.
Except for authorized National Accounts (as discussed in Section 11), other sales as discussed in Section 10, and as otherwise is provided in this Section 9.5, the Company and each NDS each has the exclusive right to sell ESMR Network subscriber equipment and accessories in its geographic territory and neither of them will sell ESMR Network subscriber equipment or accessories outside its territory without prior approval of the other.
Such services would include, at the Company's request, the mailing of letters to the affected analog customers stating the terms under which such customers could migrate to the Company's ESMR Network.
The Company will adhere in the Territory to the customer loyalty measurements and targets as in effect at the relevant time and applicable generally to the NDS ESMR Network operations, provided that the Company will not be penalized for failure to meet such requirements to the extent the average level of performance achieved by the NDS during the same relevant period does not exceed the level of the Company's performance.
The Company will be responsible for all normal costs (such as trade-in allowances, subsidies, loading expenses, analog unit returning or refurbishment expenses) associated with any such offers to or migration of such analog customers, and NWIP will not be entitled to any commission if such customer is moved to the Company's ESMR Network.
The Company will make available for possible exchange all Partner Frequencies that are outside the Upper 200, except for frequencies that are then required in the existing or contemplated operation of the ESMR Network in the Territory.
Prior to offering commercial service in a Section, the Company will be required to provide coverage to all the Build Areas in that Section that have the earliest Build Year and to meet the general launch criteria that are in effect at the relevant time and applicable generally to the NDS ESMR Network (the "Launch Criteria").
All of the Company's rights under this Agreement or any of the Collateral Agreements entered into as contemplated herein, including the Company's rights to use any frequencies made available by any member of the Nextel Group in the Territory and the rights to own and operate the ESMR Network in the Territory are personal to the Company.