Extract to table

MFN Warranty The core of the MFN provision is a warranty by Cedarpoint that the per-unit pricing charged to Northgate Americas for managed network services shall not exceed the lowest per-unit pricing offered to any other Cedarpoint customer of "comparable volume" during the applicable benchmark period

Cedarpoint must issue a retroactive credit to Northgate Americas within 45 calendar days of the determination of a pricing differential exceeding 3%

In addition to the retroactive credit, Cedarpoint must adjust Northgate Americas' prospective per-unit pricing to the lowest comparable customer rate within 30 calendar days of the determination

These proposals must be evaluated separately, as they raise different considerations

However, the proposal that the auditor must be "mutually agreed" introduces a procedural risk: Cedarpoint could delay or obstruct the audit process by withholding agreement on auditor selection

The auditor must have access to per-node pricing for managed network services for all comparable customers within the benchmark period