Common use of Network Pricing Clause in Contracts

Network Pricing. IMS, by virtue of the Management Services Agreement, its business expertise in the affairs of Company, its reasonable need for consistency among its owned or affiliated networks outside the Exclusive Territory, and its contractual obligations in certain cases to maintain certain minimum pricing, shall provide guidelines to Company for setting the prices of standard Network services and products to be offered by Company, said standard services being the same that IMS or its affiliated networks provide outside the Exclusive Territory. Notwithstanding the foregoing, Company, through the Board, shall have the right to approve or modify such pricing charged by Company, provided that Company shall take no action that would violate certain minimum pricing obligations of IMS based on evidence provided by IMS. Company, through the Board, shall be responsible for setting the prices of non-standard Network services and products, if any, that may be developed and offered by Company in the Exclusive Territory.

Network Pricing. IMS, by virtue of the Management Services Agreement, its --------------- business expertise in the affairs of Company, its reasonable need for consistency among its owned or affiliated networks outside the Exclusive Territory, and its contractual obligations in certain cases to maintain certain minimum pricing, shall provide guidelines to Company for setting the prices of standard Network services and products to be offered by Company, said standard services being the same that IMS or its affiliated networks provide outside the Exclusive Territory. Notwithstanding the foregoing, Company, through the Board, shall have the right to approve or modify such pricing charged by Company, provided that Company shall take no action that would violate certain minimum pricing obligations of IMS based on evidence provided by IMS. Company, through the Board, shall be responsible for setting the prices of non-standard Network services and products, if any, that may be developed and offered by Company in the Exclusive Territory.