Common use of Technology Evolution Clause in Contracts

Technology Evolution. (1) In the normal course of technology evolution and enhancement, T-Mobile 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, T-Mobile will undertake such efforts in a customer- focused and commercially reasonable manner. Accordingly and notwithstanding anything in this Agreement to the contrary, T-Mobile 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 this Agreement or incurring early termination liability relating to the discontinuance of the affected Product, Service, network standard, or technology. (2) If T-Mobile takes any action set forth in subsection (1) above, T-Mobile will provide advance notice reasonably designed to inform Customer (if affected) of such pending action. The form of T-Mobile’s notice may include providing written notice to any address (a) listed in this Agreement for Customer, (b) T-Mobile uses for billing, or

Technology Evolution. (1) a. In the normal course of technology evolution and enhancement, T-Mobile continually updates and upgrades its networksServices, Products and Servicesnetworks. In some instances, these efforts will result in the need to ultimately replace or discontinue certain offerings or technologies. In such event, T-Mobile will undertake such efforts in a customer- customer-focused and commercially reasonable manner. Accordingly and notwithstanding anything in this the Agreement to the contrary, T-Mobile 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 Service, Product, Service, network standard, or technology without either party being in breach of this the Agreement or incurring early termination liability relating to the discontinuance of the affected Service, Product, Service, network standard, or technology. (2) b. If T-Mobile takes any action set forth in subsection (1) above, T-Mobile will provide advance notice reasonably designed to inform Customer (if affected) of such pending action. The form of T-T- Mobile’s notice may include providing written notice to any address (a) listed in this the Agreement for Customer, (b) T-Mobile uses for billing, oror (c) set forth in an Order. Customer agrees that such notice is reasonable and sufficient notice of T-Mobile’s pending action.