Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably): (a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made; (b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault: (i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or (ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or (iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Rate (as at the date the Service Provider made the payment) plus 2% for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC; (c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and (d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to: (i) Service Provider Premises; (ii) Reseller Premises; (iii) End User Premises of an Exempted End User; (iv) NBAPs where LFC (Service Provider) Equipment is installed; (v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 5 contracts
Samples: Ufb Services Agreement, Ufb Services Agreement, Ultrafast Fibre Ufb Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault:
(i) is caused by an any wilful or negligent act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Bill Rate (as at the date the Service Provider made the payment) plus 2% for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) Service Provider Premises;
(ii) Reseller Premises;
(iii) End User Premises of an Exempted End User;
(iv) NBAPs where LFC (Service Provider) Equipment is installed;
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 3 contracts
Samples: Chorus Ufb Services Agreement, Ufb Services Agreement, Ufb Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Bill Rate (as at the date the Service Provider made the payment) plus 2% for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) Service Provider Premises;
(ii) Reseller Premises;
(iii) End User Premises of an Exempted End User;
(iv) NBAPs where LFC (Service Provider) Equipment is installed;
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 2 contracts
Samples: Ultrafast Fibre Ufb Services Agreement, Ufb Services Agreement
Additional Charges. The LFC may will charge (as part of the Input Services Ancillary Charges) the Service Provider Access Seeker on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Input Services Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a an Input Services Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Input Services Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Input Service, an Input Service or LFC Network (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, Access Seeker or a Reseller or an Exempted End UserReseller; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider Access Seeker but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service ProviderAccess Seeker’s express authorisation before diagnosing or resolving a fault set out in clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider Access Seeker for any amount charged by the LFC to the Service Provider Access Seeker for any clause fault set out in clauses 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Rate (as at the date the Service Provider Access Seeker made the payment) plus 2% for the period from the date the Service Provider Access Seeker made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider Access Seeker has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider Access Seeker to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service ProviderAccess Seeker) to:
(i) Service Provider Access Seeker Premises;; or
(ii) Reseller Premises;; or
(iii) End User Premises of an Exempted End User;
(iv) NBAPs where LFC (Service Provider) Equipment is installed;
(v) Third Party Premises adjacent to Service Provider Access Seeker Premises or Reseller Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a an Input Services Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service ProviderAccess Seeker’s obligations with respect to obtaining access consents beyond that set out in clause 12 below12.
Appears in 2 contracts
Samples: Ultrafast Fibre Input Services Wholesale Services Agreement, Ultrafast Fibre Input Services Wholesale Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault:
(i) is caused by an any wilful or negligent act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Rate (as at the date the Service Provider made the payment) plus 2% for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) Service Provider Premises;
(ii) Reseller Premises;
(iii) End User Premises of an Exempted End User;
(iv) NBAPs where LFC (Service Provider) Equipment is installed;
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 2 contracts
Samples: Ufb Services Agreement, Ufb Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service Service, LFC Network or LFC Network Equipment (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or;
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do soLFC, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Rate (as at the date the Service Provider made the payment) plus 2% for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) to the Service Provider Premises;
(ii) Reseller Premises;
(iii) End User Premises of an Exempted Provider’s, Reseller’s or End User;
(iv) NBAPs where LFC (Service Provider) Equipment is installed;
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case ’s premises as is reasonably required by the LFC considers necessary to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 1 contract
Samples: Wholesale Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service Service, LFC Network or LFC Network Equipment (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or;
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do soLFC, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Rate (as at the date the Service Provider made the payment) plus 2% for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) to the Service Provider Premises;
(ii) Reseller Premises;
(iii) End User Premises of an Exempted Provider’s, Xxxxxxxx’s or End User;
(iv) NBAPs where LFC (Service Provider) Equipment is installed;
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case ’s premises as is reasonably required by the LFC considers necessary to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 1 contract
Samples: Wholesale Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Bill Rate (as at the date the Service Provider made the payment) plus 2% per annum for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) Service Provider Premises;; or
(ii) Reseller Premises;; or
(iii) End User Premises of an Exempted End User;; or
(iv) NBAPs where any LFC (Service Provider) Equipment is installed;; or
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; , in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 1 contract
Samples: Ultrafast Fibre Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Bill Rate (as at the date the Service Provider made the payment) plus 2% per annum for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) Service Provider Premises;; or
(ii) Reseller Premises;; or
(iii) End User Premises of an Exempted End User;; or
(iv) NBAPs where LFC (Service Provider) Equipment is installed;; or
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubtavoiddoubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 1 contract
Samples: Enable Networks Services Agreement
Additional Charges. The LFC may charge (as part of the Ancillary Charges) the Service Provider on a time and materials basis, in accordance with the schedule of hourly rates for LFC personnel set out in the Price List, to recover any costs that it incurs (acting reasonably):
(a) as a direct result of any rework required to implement a change to a Service Order made in accordance with clause 4.4(e), where the LFC has commenced fulfilment of the Service Order before the change request is made;
(b) in the identification, diagnosis and resolution of any fault, and restoration of the Wholesale Service or LFC Network (as applicable), if the fault:
(i) is caused by an act or omission of, or by any equipment of, the Service Provider, a Reseller or an Exempted End User; or
(ii) subject to clause 6.2(b), falls outside the scope of the LFC’s responsibilities (set out in clause 6.1); or
(iii) is reported by the Service Provider but cannot be identified or replicated by the LFC after the LFC has used all reasonable endeavours to do so, but will seek the Service Provider’s express authorisation before diagnosing or resolving a clause 7.2(b)(ii) fault unless the diagnosis or resolution is required to respond to an Emergency. The LFC will reimburse the Service Provider for any amount charged by the LFC to the Service Provider for any clause 7.2(b)(ii) or 7.2(b)(iii) fault that is subsequently found to be a Fault for which the LFC is responsible, together with interest on that amount at the Xxxx Rate (as at the date the Service Provider made the payment) plus 2% per annum for the period from the date the Service Provider made the payment to the date of reimbursement by the LFC;
(c) as a direct result of any Fault that the Service Provider has knowledge of, but fails to diagnose and report in accordance with clauses 6.2(c) and 6.2(d); and
(d) as a direct result of any failure by the Service Provider to give to, or procure for, the LFC and its representatives such access (at the appointed time(s) agreed between the LFC and the Service Provider) to:
(i) Service Provider Premises;; or
(ii) Reseller Premises;; or
(iii) End User Premises of an Exempted End User;; or
(iv) NBAPs where any LFC (Service Provider) Equipment is installed;; or
(v) Third Party Premises adjacent to Service Provider Premises, Reseller Premises or a NBAP where LFC (Service Provider) Equipment is installed; , in each case as is reasonably required by the LFC to diagnose and resolve a Fault or perform a Service Order. To avoid doubt, this clause 7.2(d) is not intended to extend the scope of the Service Provider’s obligations with respect to obtaining access consents beyond that set out in clause 12 below.
Appears in 1 contract
Samples: Services Agreement