at all times, high revenue, cost effective and
competitive communications services via the Broadband Access Reliance Network.
To this end, Vendor and Vendor's Affiliates shall take into account, in its and
their development of future products and Features, inter alia, of all new
standards and specifications being developed by Standards Organizations that are
relevant to any Features, Products and Services furnished by Vendor and/or
Vendor's Affiliates to Reliance.
Vendor and Vendor's Affiliates shall discuss
and monitor such developments with Reliance through the Development Committee
and will use all commercially reasonable endeavours to keep Reliance competitive
with leading-edge technology and the timely development of innovative and
cost-effective new products and Features.
3.8.2
DEVELOPMENT COMMITTEE.
(A)
IN ORDER TO ACCOMMODATE RELIANCE'S PARTICIPATION PURSUANT TO THE
DOCUMENTS, RELIANCE AND THE VENDOR SHALL ESTABLISH A DEVELOPMENT COMMITTEE
WITHIN [***] OF THE EFFECTIVE DATE.
THE PURPOSE OF THE DEVELOPMENT COMMITTEE
SHALL BE TO REVIEW THE DEVELOPMENT REQUIREMENTS AND HIGH LEVEL DEVELOPMENT
MILESTONES, TO ENSURE THAT THE VENDOR UNDERSTANDS RELIANCE'S REQUIREMENTS FOR
THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY SUBSEQUENT PRODUCTS AND/OR
ENHANCEMENTS.
THE DEVELOPMENT COMMITTEE SHALL PROVIDE AN EXECUTIVE FORUM TO
DISCUSS PRODUCT IDEAS, RELIANCE REQUIREMENTS AND RECOMMENDED DEVELOPMENT
PRIORITIZATION FOR IMPROVED INFRASTRUCTURE-BASED SUBSCRIBER FEATURES AND SYSTEM
FEATURES, FUNCTIONS AND CAPABILITIES.
THE FOCUS OF THE DEVELOPMENT COMMITTEE
SHALL BE ON
32
PRODUCT FEATURES AND SERVICES, NEW PRODUCTS, PRODUCT ENHANCEMENTS, CRITICAL
OPERATION ISSUES, FUTURE DEVELOPMENTS AND ON SUCH OTHER MATTERS AS THE PARTIES
MUTUALLY AGREE UPON FROM TIME TO TIME.
NOTHING CONTAINED IN THIS SECTION 3.8.2
SHALL IN ANY WAY LIMIT AND/OR MODIFY RELIANCE'S ABILITY TO ENFORCE ITS RIGHTS
UNDER THE DOCUMENTS OR TO OTHERWISE MAINTAIN CONTACTS WITH THE VENDOR IN ANY
OTHER WAY IT SEES FIT.
(B)
THE VENDOR SHALL PROVIDE A MARKET DEVELOPMENT MANAGER TO
COORDINATE THE EFFORTS OF THE VENDOR IN MEETING ITS OBLIGATIONS RELATING TO THE
DEVELOPMENT COMMITTEE WHO SHALL SPECIFICALLY FOCUS ON NEW PRODUCTS, SERVICES AND
FEATURES.
SUCH MARKET DEVELOPMENT MANAGER SHALL BE KNOWLEDGEABLE IN
TELECOMMUNICATIONS TECHNOLOGY AND THE BROADBAND ACCESS RELIANCE NETWORK AND
SHALL WORK CLOSELY, AND ON A REGULARLY SCHEDULED BASIS, WITH RELIANCE'S SENIOR
ENGINEERING AND MARKETING PERSONNEL ON FEATURE DEVELOPMENT, FEATURE ROLL-OUT,
FUTURE ROAD MAPS FOR PRODUCTS, AND ANY OTHER MARKETING ASPECT OF PROVIDING
TELECOMMUNICATIONS SERVICES THAT RELIANCE BELIEVES IS BENEFICIAL TO THE
BROADBAND ACCESS RELIANCE NETWORK AND/OR ANY MARKET AT SUCH TIME.
THE VENDOR'S
MARKET DEVELOPMENT MANAGER AND THE MANAGER'S STAFF SHALL SERVE AS THE VENDOR'S
DIRECT LIAISON WITH RELIANCE TO ENSURE THAT THE VENDOR'S AND VENDOR'S
AFFILIATES' PRODUCT DEVELOPMENT TEAMS ARE FOCUSING ON RELIANCE'S PRIORITIES AS
DESCRIBED TO THE VENDOR BY RELIANCE FROM TIME TO TIME EITHER THROUGH THE
DEVELOPMENT COMMITTEE OR BY ANY OTHER MEANS ACCEPTABLE TO THE PARTIES.
(C)
IN THE EVENT OF ANY VENDOR DEVELOPMENT BEING FUNDED IN WHOLE OR IN
PART BY ANY OTHER CUSTOMER, VENDOR SHALL EXERT BEST EFFORTS TO PROCURE THE
CONSENT OF SUCH OTHER CUSTOMER FOR PROVIDING REASONABLE INFORMATION OF SUCH
CUSTOMER DEVELOPMENT TO RELIANCE AND FURTHER, FOR INVITING RELIANCE TO
PARTICIPATE IN SUCH VENDOR DEVELOPMENT. UPON RECEIPT OF