BUT NOT LIMITED TO THOSE OF MOTIENT AND THE FCC. MOTIENT WILL PROVIDE
ITS APPLICABLE REQUIREMENTS TO PNC UPON REQUEST; MOTIENT RESERVES THE RIGHT TO
CHANGE SUCH REQUIREMENTS FROM TIME TO TIME, UPON REASONABLE NOTICE TO PNC.
PNC
SHALL ASSURE THAT ITS CUSTOMERS UTILIZE THE SERVICE IN ACCORDANCE WITH ANY
REQUIREMENTS AND/OR PROCEDURES SPECIFIED BY MOTIENT PURSUANT TO ANY
IMPLEMENTATION PLAN ENTERED INTO BY THE PARTIES PURSUANT TO SECTION 1.5 OF THIS
AGREEMENT.
(2)
LICENSES AND PERMITS: PNC SHALL SECURE ALL LICENSES, PERMITS,
RIGHTS-OF-WAY, APPROVALS, AND ANY OTHER ARRANGEMENTS REQUIRED TO BE SECURED BY
PNC FOR PNC'S USE AND THE PROVISION OF THE SERVICE TO PNC'S CUSTOMERS, INCLUDING
WITHOUT LIMITATION ANY FCC OR OTHER GOVERNMENTAL LICENSES, PERMITS OR APPROVALS
REQUIRED IN CONNECTION WITH THE INTERCONNECTION FACILITIES WHICH PNC MAY PROVIDE
AS SET FORTH HEREIN, EXCLUDING FOR THE AVOIDANCE OF DOUBT ALL SUCH LICENSES,
PERMITS, RIGHTS-OF-WAY, APPROVALS, OR OTHER ARRANGEMENTS THAT ARE BEING
TRANSFERRED TO PNC PURSUANT TO THE ASSET SALE AGREEMENT.
(3)
MOTIENT RIGHT OF ACCESS: FOR THE PROTECTION OF MOTIENT'S NETWORK,
SERVICES, FACILITIES AND PERSONNEL, PNC HEREBY GRANTS MOTIENT THE RIGHT AT ANY
TIME, AND FROM TIME TO TIME, UPON REASONABLE PRIOR NOTICE EXCEPT IN THE CASE OF
AN EMERGENCY, TO INSPECT ALL EQUIPMENT AND COMMUNICATIONS FACILITIES OR SERVICES
USED OR PROVIDED BY PNC FOR USE WITH MOTIENT'S MOBILE SATELLITE SYSTEM IF
MOTIENT HAS A REASONABLE BASIS TO BELIEVE THAT SUCH FACILITIES WOULD INTERFERE
WITH THE OPERATION OF MOTIENT'S FACILITIES OR IMPAIR MOTIENT'S COMPLIANCE WITH
APPLICABLE LAW OR REGULATIONS.
1.4
MOTIENT'S RESPONSIBILITIES:
(A)
IN ADDITION TO ANY OTHER RESPONSIBILITIES CONTAINED HEREIN,
MOTIENT WILL PROVIDE THE SERVICE FOR USE THROUGHOUT THE UNITED STATES, IN PUERTO
RICO, THE U.S. VIRGIN ISLANDS, AND POINTS UP TO 200 MILES OFFSHORE, AND OTHER
AREAS WITHIN THE COVERAGE OF MOTIENT'S SATELLITE, PROVIDED THAT MOTIENT HAS
RECEIVED REGULATORY APPROVAL TO PROVIDE SERVICE IN SUCH OTHER AREAS. IN
CONNECTION WITH ITS PROVISION OF THE SERVICE, MOTIENT WILL BE RESPONSIBLE FOR
PROVIDING AND MAINTAINING ITS SATELLITE, EARTH STATIONS, AND OTHER NETWORK
COMPONENTS OWNED BY MOTIENT AND USED IN PROVIDING THE SERVICE.
(B)
MOTIENT WILL PROVIDE THE CURRENT FACILITIES, AS IN PLACE AT THE
TIME THIS AGREEMENT IS SIGNED, AND AS FURTHER DESCRIBED IN THE TRANSITION
SERVICES PLAN INCORPORATED IN THE ASSET SALE
AGREEMENT AND IN THE LAND EARTH STATION SERVICES AGREEMENT. FOR ANY NEW
OFFERINGS, MOTIENT AND PNC COOPERATE TO AGREE ON THE PROVISION OF APPROPRIATE
FACILITIES AND SPACE FOR RACK(S) OF UPLINK EQUIPMENT TO BE PROVIDED BY PNC. AS
PART OF SUCH AGREEMENT WITH RESPECT TO ANY NEW OFFERINGS, MOTIENT WILL ALSO
AGREE TO PROVIDE USE OF ITS "HOUSE CLOCK" AND POWER, AND WILL AGREE TO TERMINATE
SUCH NUMBER OF DATA LINES AS THE PARTIES MAY AGREE IN THE TECHNICAL DOCUMENT TO
BE DEVELOPED PURSUANT TO THE PROVISIONS OF SECTION 1.5 OF THIS AGREEMENT.
TERMINATION OF DATA LINES DOES NOT INCLUDE PROVISION OF TELEPHONE SERVICE, BUT
ONLY CONNECTION OF THE LINES TO THE CENTRAL OFFICE.
(C)
MOTIENT SHALL COOPERATE WITH PNC IN ITS EFFORTS TO SECURE