Market Testing. Sprint shall be entitled to market test Company -------------- prices for Services set forth in Exhibit A hereto on a quarterly basis during the term of this Agreement and, in addition, at any time that such prices are adjusted by Company in accordance with Section 3.2. The determination of Company price competitiveness is to be based upon the overall charges to Sprint by Company for Services being provided as described in Exhibit A. Such market testing is intended to confirm whether Company prices are competitive with the lowest end of the market consisting of quality, full turnkey E-mail Service providers with comparable volume, features, functionality and support. If prices are not competitive as reasonably shown by such market test and as agreed by Company, and Company has not remedied in thirty (30) days, Sprint may terminate this Agreement pursuant to Section 7.
Appears in 2 contracts
Sources: E Mail Services Agreement (Critical Path Inc), E Mail Services Agreement (Critical Path Inc)