Common use of NETWORK DEPLOYMENT Clause in Contracts

NETWORK DEPLOYMENT. (a) Metricom will deploy the network infrastructure necessary to provide the Service substantially in accordance with the Deployment Schedule; provided that the Deployment Schedule will be adjusted on a day-for-day basis for any delay in the Closing Date under the Purchase Agreement beyond September 1, 1999. (b) If the Deployment Schedule is delayed or Metricom's actual deployment of the network infrastructure necessary to provide the Service occurs more slowly than called for by the Deployment Schedule, the parties will work together in good faith to modify MCI WorldCom's Guaranteed Subscribers accordingly; provided that if such delay exceeds twelve (12) months, Section 5.2 will terminate and be of no further effect and MCI WorldCom shall have the option to terminate this Agreement under Section 8.3. ---------- * Confidential Treatment Requested (c) To the extent reasonably requested by Metricom, MCI WorldCom will provide confirmation to Metricom's potential equipment and services vendors of MCI WorldCom's commitment to the guaranteed volume of MCI WorldCom Subscribers and to the Deployment Schedule. (d) Metricom will use its best efforts to locate its wireless access points ("WAPs") at locations where MCI WorldCom owns fiber network facilities consistent with Metricom's provision of services at a level consistent with Schedule 4.1. A list of such facilities is provided under Schedule 4.5, which list may be amended by MCI WorldCom from time to time.

NETWORK DEPLOYMENT. (a) Metricom will deploy the network infrastructure necessary to provide the Service substantially in accordance with the Deployment Schedule; provided that the Deployment Schedule will be adjusted on a day-for-day basis for any delay in the Closing Date under the Purchase Agreement beyond September 1, 1999. (b) If the Deployment Schedule is delayed or Metricom's actual deployment of the network infrastructure necessary to provide the Service occurs more slowly than called for by the Deployment Schedule, the parties will work together in good faith to modify MCI WorldCom's Guaranteed Subscribers accordingly; provided that if such delay exceeds twelve (12) months, Section 5.2 will terminate and be of no further effect and MCI WorldCom shall have the option to terminate this Agreement under Section 8.3. ---------- * Confidential Treatment Requested. (c) To the extent reasonably requested by Metricom, MCI WorldCom will provide confirmation to Metricom's potential equipment and services vendors of MCI WorldCom's commitment to the guaranteed volume of MCI WorldCom Subscribers and to the Deployment Schedule.. -------------------- * Confidential Treatment Requested (d) Metricom will use its best efforts to locate its wireless access points ("WAPs") at locations where MCI WorldCom owns fiber network facilities consistent with Metricom's provision of services at a level consistent with Schedule 4.1. A list of such facilities is provided under Schedule 4.5, which list may be amended by MCI WorldCom from time to time.