Requirements Commitment Clause Samples

Requirements Commitment. During the Amendment No. 3 Volume Commitment Term, Owner commits to purchase/license, and Vendor commits to sell/license, Vendor CDMA Products and Services for an Initial Build-Out for the New Amendment No. 3 Markets (excluding Owner’s *** markets) and the Amendment No. 5 Markets in the minimum configurations and associated prices as set forth in the “Initial Build Out” respective sections of Exhibits A03, A04 and A05 to the Contract. All purchases for any New Amendment No. 3 Markets or Amendment No. 5 Markets by Affiliates, if any, of the same types of Vendor products and services as provided in Exhibits A03, A04 or A05 shall be considered in determining whether this requirements commitment is satisfied. Owner shall provide Vendor with a one-time ninety (90) day advance written notice per Affiliate of its intent to have any such Approved Affiliate Contract purchases credited toward satisfaction of this commitment.” 5. Delete Section 2.0 (***) of Attachment 1 to Amendment No. 3 in its entirety and replace with the following: ***

Requirements Commitment. (A) For any private line, including both long haul and local circuits, or waves services Customer desires to order during the Agreement Term which would be an on-net service for Level 3 but which Customer proposes to obtain from a party other than Level 3, Customer will present to Level 3 a bona fide offer from such other party stating the price and term for such service. Customer, on ***of such occasions (measured ***), will order such service from ▇▇▇▇▇ ▇ if Level 3’s price (provided within a reasonable period) *** than the other party, provided Customer elects to purchase such service at all (the “Requirements Commitment”). (B) Within thirty (30) days following the end of each annual period in which the Requirements Commitment is effective, Customer agrees to deliver to Level 3 written certification by an officer of Customer in a form substantially *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. similar to the form set forth in Appendix I attached hereto, certifying Customer’s compliance with the Requirements Commitment for the period just ending. (C) Customer agrees to keep and maintain all usual and proper books, records and other documentation relating to Customer’s purchase and utilization of private line circuits, including both long haul and local circuits. At any time while the Requirements Commitment is effective and for a period of one (1) year thereafter, Level 3 shall have the right, through an independent third party auditor that executes a non-disclosure agreement with Customer, on at least ten (10) days’ prior written notice to audit Customer’s books, records and other documentation relating to Customer’s compliance with the Requirements Commitment and Customer’s purchase and utilization of private line circuits, including both long haul and local circuits. The scope of the audit will not include Customer’s purchase and utilization of private line circuits, including both long haul and local circuits for any period that has previously been the subject of an audit. Any such audit shall be conducted during normal business hours and in a manner designed to limit to the fullest extent possible interference with the ordinary course of Customer’s business. The direct cost of the audit shall be borne by ▇▇▇▇▇ ▇, unless a deficiency is discovered with respect to the amount of purchase of private line circuits, including b...

Requirements Commitment. Reseller shall, during the term hereof, seek to procure from Publisher Reseller's entire requirements for products of a same or similar type as the Products, except to the limited extent Reseller is unable to satisfy its requirements for such products by obtaining Products from Publisher.

Requirements Commitment. Commencing twelve (12) months after ----------------------- execution hereof, Customer shall satisfy no less than ** of its requirements for all services which are substantially similar to and perform substantially the same function as the Services (including Colocation Space) through purchases from Level 3. Commencing eighteen (18) months after execution hereof and continuing for the remainder of the Term, Customer shall satisfy no less than ** of its requirements for all services which are substantially similar to and perform substantially the same function as the Services through purchases from Level 3. Satisfaction of the foregoing percentage requirements will be determined by measuring Customer's use of (a) total Mbps of Broadband Services, and (b) total square feet of Colocation Space.

Requirements Commitment. During the Amendment No. 3 Volume Commitment Term, Owner commits to purchase/license, and Vendor commits to sell/license, Vendor CDMA Products and Services for an Initial Build-Out for the New Amendment No. 3 Markets (excluding Owner’s *** markets), the Amendment No. 5 Markets and the Amendment No. 7 Markets in the minimum configurations and associated prices as set forth in the “Initial Build Out” respective sections of E▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ and A09 to the Contract. All purchases for any New Amendment No. 3 Markets or Amendment No. 5 or Amendment No. 7 Markets by Affiliates, if any, of the same types of Vendor products and services as provided in E▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇, ▇▇▇ and A09 shall be considered in determining whether this requirements commitment is satisfied. Owner shall provide Vendor with a one-time ninety (90) day advance written notice per Affiliate of its intent to have any such Approved Affiliate Contract purchases credited toward satisfaction of this commitment.” 7. Attachment 1, Exhibit A06 (Amendment No. 7 Markets Initial Build-Out Pricing (Voice)) shall be added to the Contract and incorporated therein. 8. Attachment 1, Exhibit A07 (Amendment No. 7 Markets Initial Build-Out Pricing (Voice)) shall be added to the Contract and incorporated therein. 9. Attachment 1, Exhibit A08 (Amendment No. 7 Markets Initial Build-Out Pricing (EVDO)) shall be added to the Contract and incorporated therein 10. Attachment 1, Exhibit A09 (Amendment No. 7 Markets Initial Build-Out Pricing (EVDO)) shall be added to the Contract and incorporated therein. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. 11. Except as specifically modified by Amendment No. 7, the Contract in all other respects shall continue in full force and effect.