Guarantee Amounts Clause Samples
Guarantee Amounts. Except as provided below, AT&T agrees to purchase the following minimum dollar amounts of Services from BBN during Years One, Two and Three of this Agreement (based upon amounts paid by AT&T to BBN under Schedule 7.1 that are either (i) paid in respect of Services provided during the applicable period, but including for this purpose amounts otherwise deducted from payments to BBN pursuant to Schedule 7.1 or adjustments made or deemed made pursuant to Section 5.2, or (ii) prepaid by AT&T at its option in respect of Services to be provided by BBN during the Year following Year in which such prepayment is made): For Year One, $20 million For Year Two, $40 million For Year Three, $60 million In addition, in the event this Agreement continues in effect until the end of Year Three, and AT&T and BBN have not agreed to extend their relationship by virtue of AT&T's unwillingness to continue this Agreement past Year Three on terms that are as favorable or more favorable to it than are initially provided under this Agreement for Years One through Three, AT&T shall also purchase the following minimum amounts of Services (calculated as provided above for Years One, Two and Three) from BBN during Years Four and Five of this Agreement (the "Soft Landing Guarantees"): AT&T AND BBN PROPRIETARY: SUBJECT TO NON-DISCLOSURE AGREEMENT 24 For Year Four, An amount equal to the lesser of (1) to the extent BCS (or any Third Party on behalf of BCS) continues to receive revenues from Dedicated Internet Services during Year Four (measured by the prices that would be payable under Section 7.2 to BBN during Year Four in respect of such services had such services been provided pursuant to this Agreement), two-thirds (2/3) of the total amount paid by AT&T to BBN in respect of Managed Connectivity Services pursuant to Section 7.1 in respect of Year Three (excluding payments in respect of AT&T Customers who are not AT&T Customers, or otherwise customers of AT&T, for Dedicated Internet Services at any time during Year Four, or AT&T Customers who become BBN customers, and not AT&T Customers, for Dedicated Internet Services at any time during Year Four), and, if zero or a positive number, (2) an amount equal to (A) the total amount paid by AT&T to BBN in respect of Managed Connectivity Services pursuant to Section 7.1 in respect of Year Three (excluding payments in respect of AT&T Customers who are not AT&T Customers, or otherwise customers of AT&T for services comparable to the Services, at a...
