Common use of Exclusivity Etc Clause in Contracts

Exclusivity Etc. Neither NewCo nor any of its Controlled Affiliates has entered into or adopted, or following the Effective Date will enter into or adopt, any agreement, arrangement, policy or principle that (i) contains any exclusivity provision that purports to be binding upon any SIG Party or its MVNO Service, (ii) limits or purports to limit the freedom of any SIG Party to include or exclude from its MVNO Service or its End Users’ Devices any product, service, application or process (it being understood that each SIG Party shall have the right to remove, in whole or in part, any such product, service, application or process from its End Users’ Devices to the extent that any such product, service application or process is installed on any such Device and NewCo and its Controlled Affiliates shall provide reasonable assistance to such SIG Party to facilitate such removal), (iii) requires any SIG Party or any of its End Users to adhere to any procedure or process to activate an End User’s Device (other than procedure or processes that are reasonably necessary to activate a device for use on the NewCo Network) or (iv) requires any SIG Party or any of its Controlled Affiliates to adopt, comply with or otherwise adhere to any practice or policy with respect to network management services or network openness policies.

Exclusivity Etc. Neither NewCo Clearwire nor any of its Controlled Affiliates has entered into or adopted, or following the Effective Date will enter into or adopt, any agreement, arrangement, policy or principle that (i) contains any exclusivity provision that purports to be binding upon any SIG Party or its MVNO Service, (ii) limits or purports to limit the freedom of any SIG Party to include or exclude from its MVNO Service or its End Users’ Devices any product, service, application or process (it being understood that each SIG Party shall have the right to remove, in whole or in part, any such product, service, application or process from its End Users’ Devices to the extent that any such product, service application or process is installed on any such Device and NewCo Clearwire and its Controlled Affiliates shall provide reasonable assistance to such SIG Party to facilitate such removal), (iii) requires any SIG Party or any of its End Users to adhere to any procedure or process to activate an End User’s Device (other than procedure or processes that are reasonably necessary to activate a device for use on the NewCo Clearwire Network) or (iv) requires any SIG Party or any of its Controlled Affiliates to adopt, comply with or otherwise adhere to any practice or policy with respect to network management services or network openness policies.