Common use of Creative Services Clause in Contracts

Creative Services. The NDS use outside agencies for creative development of their advertising and direct mail literature. NWIP will make creative work developed in-house available to the Company for use in local advertising, and NWIP will use its best reasonable efforts to induce such outside agencies to agree to permit the Company to use creative work done for any member of the Nextel Group on the same terms as were extended to the NDS by the outside agency. The Company's advertising will be consistent with specific creative standards as will be outlined from time to time by NWIP, so long as such creative standards are substantially identical to those being adhered to by the NDS. The Company will have the option to contract with any of the outside agencies used by the NDS for creation of local advertising or direct mail literature in compliance with NWIP standards, and the Company may also elect to use another agency provided that any creative work used by the Company in its advertising or direct mail literature must meet such NWIP standards. In the event the Company wishes to deviate from the NDS creative standards for advertisements, the Company must first obtain NWIP approval. NWIP will use its best reasonable efforts to respond to such requests as promptly as practicable. The Company will make available to NWIP (for use by the NDS) any creative work done by or for the Company on the same terms as NWIP makes available to the Company creative work done by or for the NDS.