Common use of BT SERVICES Clause in Contracts

BT SERVICES. 12.1 For a BT service or facility the Operator shall pay to BT the charges specified from time tot time in the Carrier Price List. -------------------------------------------------------------------------------- Page 12 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00 12.2 BT may from time to time vary the charge for a BT service or facility by publication in the Carrier Price List and such new charge shall take effect on the Effective Sate, being a date not less than 28 days after the date of such publication. Notwithstanding the aforesaid, BT may vary the charge which has retrospective effect for a BT service or facility by publication in the Carrier Price List if the variation is a result of: 12.2.1 a variation of a charge which has retrospective effect payable by or to BT in respect of any Schedule 2 Public Operator or an Authorised Overseas System; or 12.2.2 an order, direction, determination or requirement of the Director General or any other regulatory authority or body of competent jurisdiction. 12.3 The date of publication in the Carrier Price List shall be the date that BT first makes the contents of the Carrier Price List available on the Internet or commences distribution of the printer version of the Carrier Price List containing the relevant entries to persons other than BT including, without limitation to the Operator, whichever is earlier. If there is a difference between the contents of the Carrier Price List available on the Internet and the contents of the printed version of the Carrier Price List, the contents of the printed version of the Carrier Price List shall prevail. 12.4 As soon as reasonably practicable following an order, direction, determination or consent (for the purposes of this paragraph 12 a "determination" which expression includes a redetermination referred to in paragraph 12.5) by the Director General of a charge (or the means of calculating that charge) for a BT services or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such determination. 12.5 If a determination referred to in paragraph 12.4 is subject to a legal challenge, the Parties shall, without prejudice, treat the determination as valid until the conclusion of the legal proceedings, unless the court otherwise directs. If the court finds the determination to be unlawful then the Parties agree to revert to the charges payable immediately prior to such determination being made and BT shall make any necessary alterations to the Carrier Price List. As soon as reasonably practicable following a re-determination by the Director General (as a result of a legal challenge) of a charge (or the means of calculating that charge) for a BT service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such re-determination. 12.6 If any charge (or means of calculating that charge) for a BT service or facility has retrospective effect (for whatever reason) then VT shall, as soon as reasonably practicable following the publication in the Carrier Price List, adjust and recalculate the charges in respect of such service -------------------------------------------------------------------------------- Page 13 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00 or facility using the new charge and calculate the interest for any sum overpaid or underpaid at the Oftel Interest Rate. 12.7 BT shall ensure that a charge for a BT service or facility specified in the Carrier Price List accords with the full list of Standard Services maintained y BT pursuant to Condition 69.3 of the BT Licence. 12.8 If there is a difference between a charge for a BT service or facility specified in the Carrier Price List and a charge determined by the Director General, the charge is determined by the Director General shall prevail. 12.9 As soon as reasonably practicable following an alteration to the Carrier Price List BT shall send a copy of the alterations to the Carrier Price List to the Operator. 12.10 The provisions of this paragraph 12 are not intended to prejudice the rights, liabilities and obligations of the Parties created by and under the Licences.

BT SERVICES. 12.1 For a BT service or facility the 9.1 The Operator shall pay to BT the charges specified from time tot to time in the Carrier Price List. -------------------------------------------------------------------------------- Page 12 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00List for the services and facilities ordered by the Operator. 12.2 9.2 BT may from time to time vary the charge for a BT service or facility by publication in the Carrier Price List and such new charge shall take effect on the Effective SateDate, being a date date: not less than 28 calendar days after the date of such publication. , unless a period other than 28 calendar days is expressly specified in a Schedule or Annex to this Agreement. 9.3 Notwithstanding the aforesaidprovisions of paragraph 9.2, BT may vary the charge which has retrospective effect for a BT service or facility by publication in the Carrier Price List if the variation is as a result of: 12.2.1 a variation of a charge which has retrospective effect payable by or to BT in respect of any Schedule 2 Public Operator or an Authorised Overseas System; or 12.2.2 an order, direction, determination or requirement of the Director General OFCOM or any other regulatory authority or body of competent jurisdiction. 12.3 9.4 The date of publication in the Carrier Price List shall be the date that BT first makes the contents of the Carrier Price List available on the Internet or BT Website and commences distribution notification by e-mail of the printer version of amendments to the Carrier Price List containing the relevant entries to persons other than BT including, without limitation to the Operator, whichever is earlier. If there is a difference between the contents of the Carrier Price List available on the Internet and the contents of the printed version of the Carrier Price List, the contents of the printed version of the Carrier Price List shall prevail. 12.4 9.5 As soon as reasonably practicable following an order, direction, determination or consent (for the purposes of this paragraph 12 9 a "“determination" ” which expression includes a redetermination referred to in paragraph 12.59.6) by the Director General OFCOM of a charge (or the means of calculating that charge) for a BT services service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such determination. 12.5 9.6 If a determination referred to in paragraph 12.4 9.5 is subject to a legal challenge, the Parties shall, without prejudice, treat the determination as valid until the conclusion of the legal proceedings, unless the court otherwise directs. If the court finds the determination to be unlawful then the Parties agree to revert to the charges payable immediately prior to such determination being made and BT shall make any necessary alterations to the Carrier Price List. As soon as reasonably practicable following a re-determination by the Director General OFCOM (as a result of a legal challenge) of a charge (or the means of calculating that charge) for a BT service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such re-determination. 12.6 9.7 If any charge (or the means of calculating that charge) for a BT service or facility has retrospective effect (for whatever reason) then VT BT shall, as soon as reasonably practicable following the publication in the Carrier Price List, adjust and recalculate the charges in respect of such service -------------------------------------------------------------------------------- Page 13 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00 or facility using the new charge and calculate the interest for any sum overpaid or underpaid at the Oftel Interest Rate. 12.7 9.8 BT shall ensure that a charge for a BT service or facility specified in the Carrier Price List accords with the full list of Standard Services maintained y relevant Conditions applying to that BT pursuant to Condition 69.3 of the BT Licenceservice or facility. 12.8 9.9 If there is a difference between a charge for a BT service or facility specified in the Carrier Price List and a charge determined by the Director GeneralOFCOM, the charge is determined by the Director General OFCOM shall prevail. 12.9 As soon as reasonably practicable following an alteration to the Carrier Price List BT shall send a copy of the alterations to the Carrier Price List to the Operator. 12.10 9.10 The provisions of this paragraph 12 9 are not intended to prejudice the rights, liabilities and obligations of the Parties created by and under the Licencesa Condition.

BT SERVICES. 12.1 10.1 For a BT service or facility the Operator shall pay to BT the charges specified from time tot to time in the Carrier Price List. -------------------------------------------------------------------------------- Page 12 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00. 12.2 10.2 BT may from time to time vary the charge for a BT service or facility by publication in the Carrier Price List and such new charge shall take effect on the Effective SateDate, being a date not less than 28 days after the date of such publication. Notwithstanding the aforesaid, BT may vary the charge which has retrospective effect for a BT service or facility by publication in the Carrier Price List if the variation is as a result of: 12.2.1 10.2.1 a variation of a charge which has retrospective effect payable by or to BT in respect of any Schedule 2 Public Operator or an Authorised Overseas System; or 12.2.2 10.2.2 an order, direction, determination or requirement of the Director General or any other regulatory authority or body of competent jurisdiction. 12.3 10.3 The date of publication in the Carrier Price List shall be the date that BT first makes the contents of the Carrier Price List available on the Internet or commences distribution of the printer printed version of the Carrier Price List containing the relevant entries to persons other than BT including, without limitation to the Operator, whichever is earlier. If there is a difference between the contents of the Carrier Price List available on the Internet and the contents of the printed version of the Carrier Price List, the contents of the printed version of the Carrier Price List shall prevail. 12.4 10.4 As soon as reasonably practicable following an order, direction, determination or consent (for the purposes of this paragraph 12 10 a "“determination" ” which expression includes a redetermination referred to in paragraph 12.510.5) by the Director General of a charge (or the means of calculating that charge) for a BT services service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such determination. 12.5 10.5 If a determination referred to in paragraph 12.4 10.4 is subject to a legal challenge, the Parties shall, without prejudice, treat the determination as valid until the conclusion of the legal proceedings, unless the court otherwise directs. If the court finds the determination to be unlawful then the Parties agree to revert to the charges payable immediately prior to such determination being made and BT shall make any necessary alterations to the Carrier Price List. As soon as reasonably practicable following a re-determination by the Director General (as a result of a legal challenge) of a charge (or the means of calculating that charge) for a BT service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such re-determination. 12.6 10.6 If any charge (or the means of calculating that charge) for a BT service or facility has retrospective effect (for whatever reason) then VT BT shall, as soon as reasonably practicable following the publication in the Carrier Price List, adjust and recalculate the charges in respect of such service -------------------------------------------------------------------------------- Page 13 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00 or facility using the new charge and calculate the interest for any sum overpaid or underpaid at the Oftel Interest Rate. 12.7 10.7 BT shall ensure that a charge for a BT service or facility specified in the Carrier Price List accords with the full list of Standard Services maintained y by BT pursuant to Condition 69.3 of the BT Licence. 12.8 10.8 If there is a difference between a charge for a BT service or facility specified in the Carrier Price List and a charge determined by the Director General, the charge is determined by the Director General shall prevail. 12.9 10.9 As soon as reasonably practicable following an alteration to the Carrier Price List BT shall send a copy of the alterations to the Carrier Price List to the Operator. 12.10 10.10 The provisions of this paragraph 12 10 are not intended to prejudice the rights, liabilities and obligations of the Parties created by and under the their Licences.

BT SERVICES. 12.1 For a BT service or facility the Operator shall pay to BT the charges specified from time tot to time in the Carrier Price List. -------------------------------------------------------------------------------- Page 12 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00. 12.2 BT may from time to time vary the charge for a BT service or facility by publication in the Carrier Price List and such new charge shall take effect on the Effective SateDate, being a date not less than 28 days after the date of such publication. Notwithstanding the aforesaid, BT may vary the charge which has retrospective effect for a BT service or facility by publication in the Carrier Price List if the variation is as a result of: 12.2.1 a variation of a charge which has retrospective effect payable by or to BT in respect of any Schedule 2 Public Operator or an Authorised Overseas System; or 12.2.2 an order, direction, determination or requirement of the Director General or any other regulatory authority or body of competent jurisdiction. 12.3 The date of publication in the Carrier Price List shall be the date that BT first makes the contents of the Carrier Price List available on the Internet or commences distribution of the printer printed version of the Carrier Price List containing the relevant entries to persons other than BT including, without limitation to the Operator, whichever is earlier. If there is a difference between the contents of the Carrier Price List available on the Internet and the contents of the printed version of the Carrier Price List, the contents of the printed version of the Carrier Price List shall prevail. 12.4 As soon as reasonably practicable following an order, direction, determination or consent (for the purposes of this paragraph 12 a "“determination" ” which expression includes a redetermination referred to in paragraph 12.5) by the Director General of a charge (or the means of calculating that charge) for a BT services service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such determination. 12.5 If a determination referred to in paragraph 12.4 is subject to a legal challenge, the Parties shall, without prejudice, treat the determination as valid until the conclusion of the legal proceedings, unless the court otherwise directs. If the court finds the determination to be unlawful then the Parties agree to revert to the charges payable immediately prior to such determination being made and BT shall make any necessary alterations to the Carrier Price List. As soon as reasonably practicable following a re-determination by the Director General (as a result of a legal challenge) of a charge (or the means of calculating that charge) for a BT service or facility, BT shall make any necessary alterations to the Carrier Price List so that it accords with such re-determination. 12.6 If any charge (or the means of calculating that charge) for a BT service or facility has retrospective effect (for whatever reason) then VT BT shall, as soon as reasonably practicable following the publication in the Carrier Price List, adjust and recalculate the charges in respect of such service -------------------------------------------------------------------------------- Page 13 of 29 NCC STANDARD Issue 2.3.265 NMAIN2_3.DOC 24/3/00 or facility using the new charge and calculate the interest for any sum overpaid or underpaid at the Oftel Interest Rate. 12.7 BT shall ensure that a charge for a BT service or facility specified in the Carrier Price List accords with the full list of Standard Services maintained y by BT pursuant to Condition 69.3 of the BT Licence. 12.8 If there is a difference between a charge for a BT service or facility specified in the Carrier Price List and a charge determined by the Director General, the charge is determined by the Director General shall prevail. 12.9 As soon as reasonably practicable following an alteration to the Carrier Price List BT shall send a copy of the alterations to the Carrier Price List to the Operator. 12.10 The provisions of this paragraph 12 are not intended to prejudice the rights, liabilities and obligations of the Parties created by and under the their Licences.