ANY
LICENSES, AUTHORIZATIONS, OR OTHER GOVERNMENT APPROVALS NEEDED TO INTERCONNECT
WITH AND/OR MAKE USE OF MOTIENT'S FACILITIES. PROVIDED UNDER THIS AGREEMENT TO
OFFER THE SERVICE.
(D)
THE SERVICE LEVEL COMMITMENTS AND ESCALATION PROCEDURES SET FORTH
IN EXHIBIT A TO THIS AGREEMENT ARE INCORPORATED BY REFERENCE HEREIN.
1.5
SERVICE INTEGRATION WITH RESPECT TO NEW OFFERINGS:
(A)
FOR ANY NEW OFFERINGS, THE PARTIES SHALL ENTER INTO A PLAN FOR
TESTING AND IMPLEMENTATION OF THE SERVICE WITH RESPECT TO SUCH NEW OFFERINGS
("IMPLEMENTATION PLAN"). THE IMPLEMENTATION PLAN SHALL ADDRESS, AT A MINIMUM,
THE FOLLOWING:
(1)
THE SCHEDULE FOR IMPLEMENTATION OF THE SERVICE BY PNC;
(2)
INSTALLATION, INTEGRATION, AND TESTING OF PNC EQUIPMENT LOCATED AT
MOTIENT WITH MOTIENT'S FACILITIES AND SERVICES;
(3)
INTEGRATION OF AND TESTING OF THE SERVICE WITH PNC'S OTHER
PRODUCTS, SERVICES, AND FACILITIES;
(4)
PROCESSES AND PROCEDURES FOR MAINTENANCE AND REPAIR.
(B)
PURSUANT TO THE IMPLEMENTATION PLAN, THE PARTIES SHALL PREPARE AND
AGREE IN WRITING UPON A TECHNICAL DOCUMENT THAT DESCRIBES THE FACILITIES,
EQUIPMENT, AND ANY RELATED SERVICES TO BE PROVIDED BY EACH PARTY.
(C)
MOTIENT SHALL MAKE AVAILABLE TO PNC, [*] A COMMERCIALLY REASONABLE
LEVEL OF "SECOND LEVEL" TECHNICAL ASSISTANCE, I.E., ASSISTANCE WITH THE MOTIENT
SATELLITE NETWORK, RF ENGINEERING ASSISTANCE RELATING TO THE INTEGRATION OF THE
SERVICES WITH PNC'S FACILITIES, AND ASSISTANCE WITH THE USE OF THE SERVICE BY
PNC. THE PARTIES ACKNOWLEDGE AND AGREE THAT ALL "FIRST LEVEL" ASSISTANCE, I.E.,
CUSTOMER SUPPORT AND ASSISTANCE FOR END USERS OF PNC'S PRODUCT OFFERINGS, SHALL
BE THE OBLIGATION OF PNC. [*]
* Confidential information.
Information has been redacted.
1.6
FRAUD PREVENTION:
(A)
THE SERVICE IS PROVIDED TO PNC SUBJECT TO THE CONDITION THAT PNC
WILL NOT ENGAGE IN, AND WILL REQUIRE ITS CUSTOMERS NOT TO ENGAGE IN, ABUSE OR
FRAUDULENT USE THEREOF. ABUSE AND FRAUDULENT USE INCLUDE, BUT ARE NOT LIMITED
TO, THE FOLLOWING:
(1)
OBTAINING OR ATTEMPTING TO OBTAIN SERVICE THROUGH ANY TRICK,
SCHEME, FALSE REPRESENTATION, FALSE CREDIT DEVICE, OR OTHER FACILITIES, WITH THE
INTENT TO AVOID PAYMENT, IN WHOLE OR IN PART, OF THE CHARGES FOR THE SERVICE; OR
(2)
INTERRUPTING, ALTERING, OR INTERFERING WITH, OR ATTEMPTING TO
INTERRUPT, ALTER, OR INTERFERE WITH, ANY TILES, PROGRAMS, INFORMATION AND/OR THE
USE OF THE SERVICE OF ANOTHER MOTIENT CUSTOMER OR USER; OR
(3)
ASSISTING ANOTHER TO PERFORM ANY OF THE ACTS PROHIBITED IN
SUBPARAGRAPH (1) OR (2) OF THIS PARAGRAPH (A).
(B)
PNC AND MOTIENT SHALL COOPERATE TO PREVENT ABUSE OR FRAUDULENT
USAGE OF THE SERVICE, AND PNC SHALL TERMINATE ANY OF PNC'S CUSTOMERS, OR
PARTICIPATION IN OR ACCESS TO THE SERVICE BY ITS VENDORS, PROMPTLY, BUT IN NO
EVENT MORE THAN 24 HOURS AFTER RECEIPT OF NOTICE FROM MOTIENT, IN THE EVENT OF
THEIR ABUSE OR FRAUDULENT USE OF OR ACCESS TO THE SERVICE OR ANY OTHER MOTIENT
FACILITY.
1.7
GENERAL:
(A)
CONTACTS AND COORDINATION: THE PARTIES SHALL APPOINT AND IDENTIFY
TO ONE ANOTHER IN WRITING SUCH CONTACTS AS ARE REASONABLY NECESSARY FOR
COORDINATION OF MATTERS RELATING TO TECHNICAL, ADMINISTRATIVE, AND BILLING
FUNCTIONS AND ACTIVITIES, AS WELL AS ANY