Examples of Total AOL Dial-up Hours in a sentence
By no later than September 30, 2008, AOL will turn down ports and associated hours listed in the Rate Centers on Exhibit A necessary to reduce the Total AOL Dial-up Hours by approximately [****] percent [****] of the total amount of such hours delivered by AOL (the “Port Turn-Down”).
Also by no later than September 30, 2008, AOL shall order ports necessary to increase the Total AOL Dial-up Hours by approximately [****] percent [****] of the total amount of such hours delivered by AOL from Level 3 within the Rate Centers listed in Exhibit B (“Port Turn-Up”), via a LNP project initiated by AOL and in accordance with the Forecasting (as defined below).
Provided that AOL delivers over [****] percent [****] of the Total AOL Dial-up Hours to Level 3 during the fourth calendar quarter of 2006 (i.e., from October 1, 2006-December 31, 2006), Level 3 will issue AOL a [****] credit on its February 2007 invoice for Managed Modem Service.
By the 15th day of the next month following the end of each applicable Commitment Period as set forth in Section 3 of this Letter Agreement, AOL shall present Level 3 with a written certification and supporting documentation which demonstrates to Level 3’s reasonable satisfaction that Total AOL Dial-up Hours in the Commitment Period exceeded the Purchase Commitment.
In the event the milestones stated above are otherwise not met for reasons not within AOL’s control, AOL shall be entitled, as its sole remedy for such failure, to a service credit calculated as follows: [****] Level 3 will provide such credits in the month in which AOL provides notification of Total AOL Dial-up Hours as stated in part (b) immediately above.
If on October 1, 2006 the percentage of AOL’s Total AOL Dial-up Hours then supported on the Level 3 network is less than [****] percent [****], then Level 3 agrees to issue the credit on its February 2007 invoice as stated above notwithstanding AOL’s failure to achieve the [****] threshold.
Total AOL Dial-up Hours in excess of: i) [****] each month for the remainder of 2006; ii) [****] each month in 2007; and iii) [****] each month in 2008 shall be excluded from Total AOL Dial-up Hours (“Excluded Hours”).
Beginning September 1, 2009 and continuing through March 31, 2011, (the “Commitment Period”), AOL commits that it will maintain [****] of the Total AOL Dial-up Hours (the “Committed Percentage”) with Level 3 under the Managed Modem Agreement during the Commitment Period (the “2009 through 2011 Purchase Commitment”).
Beginning September 1, 2009 and continuing through March 31, 2011, (the “Commitment Period”), AOL commits that it will maintain thirty percent (30%) of the Total AOL Dial-up Hours (the “Committed Percentage”) with Level 3 under the Managed Modem Agreement during the Commitment Period (the “2009 through 2011 Purchase Commitment”).