AntimonyER
CHANGED FROM AF ADDICT MIKESTONY
Material adverse change has nothing to do with the upgrade date changing since the upgrade date is nowhere to be found in the contract terms.
Customers are covered if there is a change to their plan in terms of pricing or a change to their customer agreement.
VZW customer agreement is ironclad on this one since nothing is mentioned about a customers upgrade date and never has been mentioned about a customers upgrade date.
I did include a section addressing the "not in the contract". Specific Fees are not included in the contract, in fact, I believe there is a statement that they are subject to change. But it's been established that when a change in the service which is materially adverse to the customer occurs, the provider is forced to allow the customer to break the contract for a short period of time after the change. This has nothing to do with what is in the specific VZW contract, but is rather a feature of contract law.