Common use of Network Charges Clause in Contracts

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reais): (a) [*] for the Modems comprising [*] (the "Base Price"). (b) [*] per Modem per month for the Modems comprising the [*] (the "Base Price"); provided, however, that [*] (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3), a LEC circuit requirement of 1 PRI/T1 per [*] Modems, and a backhaul requirement of 1 T1 per [*] Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-time circuit installation fees; (e) analog POTs lines; (f) site maintenance; (g) recurring co-location charges; (h) co-location installation fees; (i) other one-time installation fees; (j) Modem management fees; (k) equipment lease expenses at NETSTREAM sites; and (l) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (e) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (f) Subject to Sections 10 and 11, AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be applied. (g) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Appears in 2 contracts

Sources: Master Agreement for Data Communications and Value Added Services (America Online Latin America Inc), Master Agreement for Data Communications and Value Added Services (America Online Latin America Inc)

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM IMPSAT will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reaisArgentine pesos according to law 23.982): (a) [*] per Dedicated Modem per month for the Modems comprising [*] the Domestic network (the "Base Domestic Price"), provided that such fee per [*] Modem will not be charged with regards to a Returnable Dedicated Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (b) [*] per Dedicated Modem per month for the Modems comprising the [*] International (IWAN) network (the "Base International Price"); provided, however, provided that such fee per [*]] Modem will not be charged with regards to a Returnable Dedicated Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM IMPSAT shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3E-3), a LEC circuit requirement of 1 PRI/T1 per [*] 30 Modems, and a backhaul requirement of 1 T1 E1 per [*] 256 Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-one- time circuit installation fees; (e) analog POTs lines; (f) non-capital equipment; (g) site maintenance; (gh) recurring co-location charges; (hi) co-co- location installation fees; (ij) other one-time installation fees; (jk) Modem management fees; (kl) equipment lease expenses at NETSTREAM IMPSAT sites; and (lm) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] - DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (ed) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (fe) Subject to Sections 10 and 11Paragraph 11 ("Indemnity"), AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be appliedParagraph 2.4 ("Payment Terms"). (gf) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Appears in 2 contracts

Sources: Master Agreement for Data Communications and Value Added Services (America Online Latin America Inc), Master Agreement for Data Communications and Value Added Services (America Online Latin America Inc)

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM IMPSAT will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reaisArgentine pesos according to law 23.982): (a) [*] for the Modems comprising [*] the Domestic network (the "Base Domestic Price"), provided that such fee per [*] Modem will not be charged with regards to a [*] Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (b) [*] per Modem per month for the Modems comprising the [*] International (IWAN) network (the "Base International Price"); provided, however, provided that such fee per [*]] Modem will not be charged with regards to a [*] Modem at such time that it is returned or withdrawn in accordance with Paragraph 1.2(b). (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM IMPSAT shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3E-3), a LEC circuit requirement of 1 PRI/T1 per [*] 30 Modems, and a backhaul requirement of 1 T1 E1 per [*] 256 Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-time circuit installation fees; (e) analog POTs lines; (f) non-capital equipment; (g) site maintenance; (gh) recurring co-co- location charges; (hi) co-location installation fees; (ij) other one-time installation fees; (jk) Modem management fees; (kl) equipment lease expenses at NETSTREAM IMPSAT sites; and (lm) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 [*] (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (ed) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (fe) Subject to Sections 10 and 11▇▇▇▇▇▇▇▇▇ ▇▇ ("▇▇▇▇▇▇▇▇▇"), AOL ▇▇▇ agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be appliedParagraph 2.4 ("Payment Terms"). (gf) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Appears in 1 contract

Sources: Master Agreement for Data Communications and Value Added Services (America Online Latin America Inc)

Network Charges. In exchange for the network services and value added --------------- services to be provided hereunder, NETSTREAM will be paid the following for Modems accepted by AOL, without taxes (all prices are quoted in Brazilian reais):[*]: (a) [*] for the Modems comprising the [*] (the "Base Price"). (b) [*] per Modem per month for the Modems comprising the [*] (the "Base Price"); provided, however, that [*]. (c) The above pricing will only apply in the event that [*] from Netstream. Should AOL choose to [*], NETSTREAM reserves the right to [*]. (d) The Base Price paid to NETSTREAM shall include all costs relating to the management of the dial-up network, including but not limited to: (a) the network circuit requirement (DS-3), a LEC circuit requirement of 1 PRI/T1 per [*] Modems, and a backhaul requirement of 1 T1 per [*] Modems; (b) recurring LEC circuit charges; (c) recurring backhaul circuit charges; (d) amortization of all one-time circuit installation fees; (e) analog POTs lines; (f) site maintenance; (g) recurring co-location charges; (h) co-co- location installation fees; (i) other one-time installation fees; (j) Modem management fees; (k) equipment lease expenses at NETSTREAM sites; and (l) the cost of any spare equipment. For purposes of this paragraph, the DS-3 requirements are as follows: Throughput Modems per DS-3 (or equivalent) ---------- ------------------------------- [*] bps [*] DS-3s shall be defined as a network circuit with a 45-megabit capacity with utilization no higher than [*]. (e) The Base Price is valid for a [*] bps service only. Each additional [*] bps increment as set forth above that is requested by AOL will result in an additional [*] per Modem per month to the Base Price. The parties agree that the network sizing assumes that backhaul and backbone circuits are sized at no greater than [*] peak utilization per individual circuit, measured as an average over recurring five minute windows. (f) Subject to Sections 10 and 11, AOL agrees to pay all applicable goods and services taxes relating to the services provided under this Agreement as identified in the relevant invoice provided pursuant to Section 2.4, provided however, that in relation the international portion of the services the ICMS tax shall not be applied. (g) AOL shall not be required to pay for the use of any Modem or Modem Box for any period of time during a billing cycle in which such Modem or Modem Box is inoperable or otherwise out of service.

Appears in 1 contract

Sources: Master Agreement for Data Communications and Value Added Services (America Online Latin America Inc)