ACCESS RIGHT ROYALTIES Sample Clauses
ACCESS RIGHT ROYALTIES. Clearwire shall provide the access right royalties described in this Section 7 (the "Access Right Royalties") from and after the later of the Commencement Date and the first commercial launch by Clearwire of its wireless services on the Channels or other EBS or BRS channels in the Geographic Market of the Channels.
(A) COST-FREE EDUCATIONAL ACCOUNTS. Included in the Access Right Royalties provided to Licensee, Licensee shall be entitled to Cost-Free Educational Accounts in respect of the Educational Reservation and the Additional Cost-Free Educational Accounts as provided in this Section 7.
(i) Educational Reservation Basic Cost-Free Educational Accounts.
A. In respect of Licensee's educational reservation covering the [***] educational spectrum capacity currently required by the FCC Rules pertaining to the FCC Licenses (the "EDUCATIONAL RESERVATION"), Licensee shall be permitted to utilize the Educational Reservation in such locations served by the Clearwire National Platform on a full time basis as Licensee desires for its operations. Clearwire and Licensee shall at all times comply with applicable FCC Rules. Clearwire may not use the Educational Reservation. In the event that the Parties cannot agree on the application of any new rule or interpretation regarding the Educational Reservation in their circumstances, the Parties shall jointly approach the FCC for clarification in a timely fashion and, to the extent the matter remains unresolved thereafter, shall settle the matter by applying the Dispute Resolution Procedures.
B. Initially, Clearwire shall provide Licensee [***] Cost-Free Educational Account per Cell Site in the Market Area (each a "BASIC COST-FREE EDUCATION ACCOUNT"). The number of Cost-Free Educational Accounts provided pursuant to this Agreement shall be adjusted upward every [***] proportionate to the growth of the overall data capacity of Clearwire's network in the Market Area of the Channels. The growth (if any) in the overall data capacity shall be determined as set forth in Section 20(b)(iii).
(B) ADDITIONAL COST-FREE EDUCATIONAL ACCOUNTS. In addition to, and not in lieu of, the Cost-Free Educational Accounts provided to Licensee by Clearwire pursuant to the Educational Reservation as set forth in Section 7(a), Clearwire shall provide Licensee with additional Cost-Free Educational Accounts in the number computed in accordance with this Section 7(b) (the "ADDITIONAL COST-FREE EDUCATIONAL ACCOUNTS").
ACCESS RIGHT ROYALTIES. 10 Section 3.02. Cost-Free Educational Accounts ........................ 10 Section 3.03. Educational Reservation Basic Cost-Free Education Accounts .............................................. 11 Section 3.04. Additional Cost-Free Educational Accounts ............. 11 Section 3.05. Licensee MVNO ......................................... 12 Section 3.06. Access to Educational End User Devices ................ 13 Section 3.07. Sharing of Features and Service Sets .................. 13 Section 3.08. Preferred Content Provider ............................ 13 Section 3.09. [***].................................................. 14 Section 3.10. Strategic Opportunity Spectrum Capacity Right ......... 14
ACCESS RIGHT ROYALTIES. 10 Section 3.01.
ACCESS RIGHT ROYALTIES. Clearwire shall provide the Access Right Royalties described in this ARTICLE III from and after the Commencement Date of an IUA hereunder. The related provisions of ARTICLE VIII shall govern the information rights of the Licensees with respect hereto.
ACCESS RIGHT ROYALTIES. Clearwire shall provide the Access Right Royalties described in this ARTICLE III from and after the Commencement Date of an IUA hereunder. The Access Right Royalties will be provided in a manner consistent with the way the Access Right Royalties are provided by Clearwire to third parties under agreements that provide for Access Right Royalties similar to the Access Right Royalties provided in this Agreement. Notwithstanding the preceding sentence, the Parties acknowledge that Licensee currently provides, and intends to provide, a variety of digital educational services utilizing the spectrum in [***] a market of special importance to Licensee, and if the Option is exercised with respect to Licensee [***] Spectrum, Clearwire agrees to (in good faith) consider and use its commercially reasonable best efforts to enter into a joint venture with Licensee in the development and delivery of Licensee's services in [***] to Educational End Users, which services may be different from services provided in other markets, if such joint venture involves the purchase of services from Clearwire at greater than Clearwire's lowest wholesale price in the market for such services.