Common use of INITIAL DEVELOPMENT SERVICES Clause in Contracts

INITIAL DEVELOPMENT SERVICES. (a) Specifications. (i) Orbitz will provide AA with (A) Specifications for the Core Functionality identified in Exhibit B that will be available on the Delivery Date and (B) dedicated resources to assist AA in determining the AA-Specific Functionality necessary to implement the Orbitz Software. AA will thereafter provide Orbitz with a definitive list of the requested Deliverables, along with any Requirements therefor, within any time period set forth in the Schedule. (ii) Orbitz will, within the time period set forth in the Schedule, review the Requirements described in the preceding subsection and provide AA with (A) Specifications for the Deliverables, (B) a Not-To-Exceed Fee Estimate for the development of any requested AA-Specific Functionality, and (C) a non-binding fee estimate for the development of any requested AA-Competitive Functionality. The Specifications will include procedures for developing mutually acceptable, objective criteria for testing the Deliverables and any applicable requirements specifying the physical locations where development will occur. (iii) Following receipt of the Specifications, the Not-To-Exceed Fee Estimate and the non-binding fee estimate described in the preceding subsection, within the time period set forth in the Schedule AA will provide Orbitz with written verification of which portions of the Deliverables AA requests that Orbitz develop. Thereafter, AA and Orbitz will use reasonable commercial efforts to agree upon the prioritization of the functionality to be included in the Deliverables by the date set forth in the Schedule, including the Core Functionality, the AA-Specific Functionality, and any other Initial Development Services.