Common use of Additional Coverage Clause in Contracts

Additional Coverage. (a) The Owner has the option from time to time, upon not less than thirty (30) days written notice to the Vendor, to designate additional geographic areas in the United States, including, but not limited to, additional System Sub-Areas and/or System Areas, as to which the Owner may purchase from the Vendor some or all, as determined by the Owner in its sole discretion, of the Products and Services required for the PCS coverage of such areas as provided for in this Contract, all on the terms and conditions set forth in this Contract; provided that the Parties will mutually agree in good faith on the payment terms (provided that pricing will be as set forth in this Contract), liquidated damages, Project Milestones and the System performance criteria applicable to such additional coverage pursuant to this subsection 2.2; and provided further that any such agreement on (i) such Project Milestones must be based on substantially the same intervals (including, but not limited to, the number of days specified in each such interval) as are set forth in Exhibits A1 and A2, to the extent possible, (ii) such payment terms and liquidated damages must be based on substantially the same terms as are otherwise set forth in this Contract, and (iii) such System performance criteria must be based on substantially the same System performance criteria as are set forth in Exhibit F, to the extent possible. The Parties agree that this subsection 2.2(a) will be effective at any time during the Term of this Contract as to the determination of payment terms (other than pricing) and Project Milestones applicable to the Vendor's provision of additional coverage pursuant to this subsection 2.2(a) only if (i) the aggregate price of the Products and Services to be provided by the Vendor at such time under this subsection 2.2(a) is at such time at least five million dollars ($5,000,000) and (ii) the Vendor is at such time providing Installation Services and at least one other Service provided for under this Contract in connection with such additional coverage provided by the Vendor at any time during the Term of this Contract pursuant to this subsection 2.2(a). Unless otherwise mutually agreed among the Parties, the payment terms for additional Products provided by the Vendor after Final Acceptance of the last PCS System within the Initial System not otherwise covered by or otherwise determined pursuant to this subsection 2.2(a) will be subject to the terms of Section 6.

Additional Coverage. (a) The Owner has the option from time to ------------------- time, upon not less than thirty (30) days days, written notice to the Vendor, to designate additional geographic areas in the United States, including, but not limited to, additional System Sub-Areas and/or System Areas, as to which the Owner may purchase from the Vendor some or all, as determined by the Owner in its sole discretion, of the Products and Services required for the PCS coverage of such areas as provided for in this Contract, all on the terms and conditions set forth in this Contract; provided that the Parties will mutually agree in good faith on the -------- ---- payment terms (provided that pricing will be as set forth in this Contract), -------- ---- liquidated damages, Project Milestones and the System performance criteria applicable to such additional coverage pursuant to this subsection 2.22.2(a); and provided further that any such agreement on (i) such Project Milestones must be - - --------- ------- based on substantially the same intervals (including, but not limited to, the number of days specified in each such interval) as are set forth in Exhibits A1 and A2, to the extent possible, (ii) such payment terms and liquidated damages must be based on substantially the same terms as are otherwise set forth in this Contract, and (iii) such System performance criteria must be based on substantially the same System performance criteria as are set forth in Exhibit F, to the extent possible. The Parties agree that this subsection 2.2(a) will be effective at any given time during the Term of this Contract as to the determination of payment terms (other than pricing) and Project Milestones applicable to the Vendor's provision of additional coverage pursuant to this subsection 2.2(a) only if (i) the aggregate price of the Products and Services to be provided by the Vendor at such time under this subsection 2.2(a) is at such time at least five million dollars ($5,000,000) and (ii) the Vendor is at such time providing Installation Services and at least one other Service provided for under this Contract in connection with such additional coverage provided by the Vendor at any time during the Term of this Contract pursuant to this subsection 2.2(a). Unless otherwise mutually agreed among the Parties, the payment terms for additional Products provided by the Vendor after Final Acceptance of the last PCS System within the Initial System not otherwise covered by or otherwise determined pursuant to this subsection 2.2(a) will be subject to the terms of Section 6.