Common use of Technology Evolution Clause in Contracts

Technology Evolution. (1) In the normal course of technology evolution and enhancement, Sprint continually updates and upgrades its networks, Products and Services. In some instances, these efforts will result in the need to ultimately replace or discontinue certain offerings or technologies. In such event, Sprint will undertake such efforts in a customer-focused and commercially reasonable manner. Accordingly and notwithstanding anything in the Agreement to the contrary, Sprint reserves the right, in its sole discretion, after providing the notice set forth in subsection (2) below, to: (a) migrate Customer to a replacement technology; or (b) discontinue any Product, Service, network standard, or technology without either party being in breach of the Agreement or incurring early termination liability relating to the discontinuance of the affected Product, Service, network standard, or technology. (2) If Sprint takes any action set forth in subsection (1) above, Sprint will provide advance notice reasonably designed to inform Customer (if affected) of such pending action. The form of Sprint’s notice may include providing written notice to any address (a) listed in the Agreement for Customer, (b) Sprint uses for billing, or (c) set forth in an Order. Customer agrees that such notice is reasonable and sufficient notice of Sprint’s pending action.

Technology Evolution. (1) A. In the normal course of technology evolution and enhancement, Sprint continually updates and upgrades its networks, Products and Services. In some instances, these efforts will result in the need to ultimately replace or discontinue certain offerings or technologies. In such event, Sprint will undertake such efforts in a customer-focused and commercially reasonable manner. Accordingly and notwithstanding anything in the Agreement to the contrary, Sprint reserves the right, in its sole discretion, after providing the notice set forth in subsection (2) B below, to: (a1) migrate Customer to a replacement technology; or (b2) discontinue any Product, Service, Business Plan, network standard, or technology without either party being in breach of the Agreement or incurring early termination liability relating to the discontinuance of the affected Product, Service, Business Plan, network standard, or technology. (2) B. If Sprint takes any action set forth in subsection (1) A above, Sprint will provide advance notice reasonably designed to inform each affected Customer (if affected) of such pending action. The form of Sprint’s notice may include without limitation, providing written notice to any address (a) listed in the Agreement for Customer, (b) Customer or any address Sprint uses for billing, billing or (c) as set forth in an Order. Customer agrees that such notice is reasonable and sufficient notice of Sprint’s pending action.

Technology Evolution. (1) A. In the normal course of technology evolution and enhancement, Sprint continually updates and upgrades its networks, Products and Services. In some instances, these efforts will result in the need to ultimately replace or discontinue certain offerings or technologies. In such event, Sprint will undertake such efforts in a customer-focused and commercially reasonable manner. Accordingly and notwithstanding anything in the Agreement to the contrary, Sprint reserves the right, in its sole discretion, after providing the notice set forth in subsection (2) B below, to: (a1) migrate Customer to a replacement technology; or (b2) discontinue any Product, Service, Business Plan, network standardstandard or technology, or technology without either party being in breach of the Agreement or incurring early termination liability relating to the discontinuance of the affected Product, Service, Business Plan, network standard, or technology. (2) B. If Sprint takes any action set forth in subsection (1) A above, Sprint will provide advance notice reasonably designed to inform each affected Customer (if affected) of such pending action. The form of Sprint’s notice may include without limitation, providing written notice to any address (a) listed in the Agreement for Customer, (b) Customer or any address Sprint uses for billing, billing or (c) as set forth in an Order. Customer agrees that such notice is reasonable and sufficient notice of Sprint’s pending action.

Technology Evolution. (1) In the normal course of technology evolution and enhancement, Sprint continually updates and upgrades its networks, Products and Services. In some instances, these efforts will result in the need to ultimately replace or discontinue certain offerings or technologies. In such event, Sprint will undertake such efforts in a customer-customer- focused and commercially reasonable manner. Accordingly and notwithstanding anything in the Agreement to the contrary, Sprint reserves the right, in its sole discretion, after providing the notice set forth in subsection (2) below, to: (a) migrate Customer to a replacement technology; or (b) discontinue any Product, Service, network standard, or technology without either party being in breach of the Agreement or incurring early termination liability relating to the discontinuance of the affected Product, Service, network standard, or technology. (2) If Sprint takes any action set forth in subsection (1) above, Sprint will provide advance notice reasonably designed to inform Customer (if affected) of such pending action. The form of Sprint’s notice may include providing written notice to any address (a) listed in the Agreement for Customer, (b) Sprint uses for billing, or (c) set forth in an Order. Customer agrees that such notice is reasonable and sufficient notice of Sprint’s pending action.