Common use of FUTURE DEVELOPMENT SERVICES Clause in Contracts

FUTURE DEVELOPMENT SERVICES. Subject to Section 4.8, after the Launch Date, AA may from time to time during the Term request that Orbitz develop additional AA-Specific Functionality by submitting a Statement of Services listing the requested AA-Specific Functionality and any Requirements therefor. Orbitz will promptly review such Requirements and provide AA with (a) Specifications for such AA-Specific Functionality; (b) a Not-To-Exceed Fee Estimate for the development of such AA-Specific Functionality, including a non-binding fee estimate for the development of any AA-Competitive Functionality; (c) in the event Orbitz does not agree to designate any requested AA-Competitive Functionality as such, a written statement indicating such denial; and (d) an estimated timetable for commencement and completion of such additional AA-Specific Functionality (collectively, the "Estimate"). Orbitz will use commercially reasonable efforts to ensure that the Estimate is based on assumptions and data that are realistic, reasonable and attainable. The Specifications will include procedures for developing mutually acceptable, objective criteria for testing the AA-Specific Functionality and any applicable Requirements specifying the physical locations where development will occur. In the event AA elects to proceed with such development in accordance with the Estimate, Orbitz will take all reasonable steps to make available to AA sufficient resources to fulfill the request. In the event any aspect of the Estimate is not reasonably suitable to AA, Orbitz will allow AA to fund dedicated Orbitz resources to fulfill such request, with such efforts being provided at the rates set forth in Section 6.1(b) of this Agreement, provided that such funding commitment is for a duration of not less than six months for each such dedicated resource.