Common use of Requirements Commitment Clause in Contracts

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. 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, A03 and A04 and A05 to the Contract, attached hereto. 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, A03 and 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.” 59. Delete Section 2.0 5.3 (***Payment) of Attachment 1 to Amendment No. 3 in its entirety and replace with the following: ***: