Customized Network-Connected Services Sample Clauses

Customized Network-Connected Services. (a) If the requested Customized Service is within the existing capabilities of the then existing Network-Connected Elements, Sprint PCS will provide the Customized Service to VMU. VMU will pay for its use of the Customized Service pursuant to the applicable Cost of Service described in Section 7. VMU will also pay any applicable Customized Service Costs. (b) If the requested Network-Connected Customized Service is not within the capabilities of the then-existing Network-Connected Elements, then Sprint PCS may elect, in its discretion, to develop the requested Customized Service for VMU. If Sprint PCS elects to develop the Customized Service hereunder, costs will be as set forth in subsections (i) through (iii) of Section 2.5.1(b). (c) If (A) Sprint PCS does not elect to develop the Customized Service and VMU desires to purchase and operate a third party Network-Connected Element in order to provide such Network-Connected Service; or (B) if VMU prefers to purchase and operate a third party Network-Connected Element in order to provide a Network-Connected Service; then VMU must first provide Sprint PCS with detailed written notice indicating that a reputable third party is willing to sell or provide to VMU the Network-Connected Element on terms that are more favorable (in the aggregate, including cost and functionality) for the resulting Network-Connected Service than those Sprint PCS is able or willing to provide. Such written notice must include the identity of the third party and all terms and conditions applicable to the third party proposal. If Sprint PCS receives written notice of the third party proposal and declines to adjust its proposal to match the material terms of the third party proposal and Sprint PCS approves VMU’s use of the third party-provided Network-Connected Element, then VMU may procure and use the third-party provided Network-Connected Element. Sprint PCS’ approval will not be unreasonably withheld and will be based on its reasonable examination and analysis of factors that may have a material adverse effect upon Sprint PCS’ present or future business (including, but not limited to, current and planned future network compatibility, functionality and capacity, network operations, network development, lack of capability to interface or implement and network prioritization processes). If approved, Sprint PCS will provide an appropriate interface for VMU’s Network-Connected Element subject to resolution of technical, resource and logistic...