Metricom definition

Metricom means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns and transferees.
Metricom relating to or in connection with a possible Acquisition Transaction; or (c) consider, entertain or accept any proposal or offer from any person or entity (other than Metricom) relating to a possible Acquisition Transaction. For the purposes of this Agreement, "Acquisition Transaction" means any transaction involving (a) the sale or other disposition of all or substantially all of Overall Wireless' business or assets, including the FCC License; (b) the issuance, sale or other disposition of (1) any capital stock of Overall Wireless, (2) any option, call, warrant or right (whether or not immediately exercisable) to acquire any capital stock of Overall Wireless, or (3) any security, instrument or obligation that is or may become convertible into or exchangeable for any capital stock of Overall Wireless; or (c) any merger, consolidation, business combination, share exchange, reorganization or similar transaction involving Overall Wireless.
Metricom s obligations in Section 5.2 shall be reduced by a percentage equal to [...***...] during the period in which the Service is not in conformance with Schedule 4.1. If, following such thirty day period, the Affected Percentage is [...***...] or greater, Metricom's shall have no obligations under Section 5.2 during the period in which the Service is not in conformance with Schedule 4.1. If, following such thirty day period, the Affected Percentage is greater than [...***...] for any period of three consecutive calendar months or for any period of two consecutive calendar months more than twice during any Agreement Year, MCI WorldCom shall have the option, which expires after fifteen (15) days from the date that such period ends, of terminating this Agreement under Section 8.3. For the purposes of this Section 4.1, the "Affected Percentage" means the total population in that portion of the GSA covered by the Service for which Metricom has not satisfied its Quality of Service obligations under this Section 4.1, divided by the total population of all GSAs in which the Service is offered. Notwithstanding the foregoing, MCI WorldCom obligations under Section 5.1 will continue during the term of this Agreement, regardless of whether Metricom is in compliance with Schedule 4.1. ---------- * Confidential Treatment Requested

Examples of Metricom in a sentence

  • Metricom shall engage all reasonable good faith efforts to minimize such costs for both itself and MCI WorldCom.

  • Metricom Initials: ___ Confidential & Proprietary GoAmerica Initials: ______ Not for use or disclosure outside of Metricom or Contractor except under written permission Confidential Materials omitted and filed separately with the Securities and Exchange Commission.

  • Metricom shall select both the required services/facilities and the vendor or vendors to provide the non-recurring items and MCI WorldCom shall pay the costs regardless of whether MCI WorldCom or some other party is the vendor.

  • In performing its duties under this Agreement, Metricom will at all times comply with all applicable federal, state, and local laws and will not engage in any illegal or unethical practices.

  • All right, title and interest in Ricochet and the materials included therewith belong to Metricom, except to the extent that third parties whose materials are made available via Ricochet possess copyright or other proprietary interests in such materials.

  • Metricom will obtain and maintain, at its own expense, right of way and similar licenses, registrations, permits, and approvals needed for it to deploy its network.

  • In addition, all support related documentation, troubleshooting tools and materials, test equipment, training materials, notes, frequently asked questions ("FAQ's"), and web based support materials shall be made available to Metricom or its Designee(s) for their use in supporting the Modem.

  • Metricom will defend, indemnify and hold harmless MCI WorldCom, its affiliates and their respective officers, directors, employees and agents from and against all claims, liabilities and expenses asserted by third parties (including reasonable attorneys' fees) to the extent arising out of (a) any breach by Metricom of any warranty made by Metricom under this Agreement or regarding the Service, or (b) the negligence or intentional misconduct of Metricom or any of its employees, agents or representatives.

  • Any amount of a Invoice which is disputed by Metricom as provided in this Article V shall be resolved in accordance with Section 13.1 and, once resolved, shall be paid within five (5) Business Days of the date of resolution.

  • Novatel shall provide Metricom with an electronic copy (ASCII text) of the updated source code in the event it makes any changes.

Related to Metricom

  • EPS means earnings per share.

  • Metric Ton or “MT” means a common international measurement for mass, equivalent to 2,204.6 pounds or 1.1 short tons.

  • Business Unit means the assets constituting the business or a division or operating unit thereof of any Person.

  • Environmental and Social Management Framework or “ESMF” means the environmental and social management framework of the Project States dated March 31, 2005, which, inter alia, sets forth the environmental and social safeguards applicable to the Project including the identification, assessment and mitigation of potential environmental and social impacts arising from carrying out Project activities, measures to protect cultural property, proposed management and mitigation measures, and the relevant institutional framework required, as updated by the Project States from time to time in a manner satisfactory to the Association;

  • Performance Metrics means criteria established by the Administrator relating to any of the following, as it may apply to an individual, one or more business units, divisions, or Affiliates, or on a company-wide basis, and in absolute terms, relative to a base period, or relative to the performance of one or more comparable companies, peer groups, or an index covering multiple companies: