Minimum Activations Sample Clauses
Minimum Activations a. Operator must activate a minimum number of new Operator-Acquired Subscribers on a * * * during each calendar year (each, a “Minimum Activation Number”). The Minimum Activation Number per month for an upcoming calendar year shall be equal to: (i) Operator-Acquired Subscriber base as of the last day of the prior calendar year multiplied by the average Churn Rate for such calendar year (see example below). To determine whether Operator has met the obligation for a * * * period, DIRECTV will multiply the monthly Minimum Activation Number by the applicable * * * period. If the Parties wish to establish a Minimum Activation Number for an entire calendar year, the monthly Minimum Activation Number shall be multiplied by 12.
b. Notwithstanding the Minimum Activation Number determined under Section 2(a) above, the parties may mutually agree to establish a different Minimum Activation Number for Operator based on, but not limited to, subscriber growth expectations, property penetration expectations, new property launch expectations, DIRECTV packages and service enhancements, and general industry growth expectations. If the parties mutually agree to a Minimum Activation Number, the agreed to Minimum Activation Number will replace the Minimum Activation Number determined under Section 2(a) for the Sales Plan for the applicable year. Ending Operator Subscriber Base 12/31 10,000 12 Month Avg Churn 3.00 % Total Minimum Annual Sales Plan 3,600 (10,000 * 3.00%* 12 months )
