Common use of Changes to Ancillary Charges Clause in Contracts

Changes to Ancillary Charges. (a) In addition to any changes to the Ancillary Charges made in accordance with the Price List and without limiting the LFC’s rights to change Ancillary Charges in accordance with the Price List, the LFC may propose a change to, or addition, deletion or replacement of, an Ancillary Charge (Ancillary Price Change) by notice to the Service Provider (provided that the Ancillary Charges may not in any case prior to 31 December 2019 exceed the Price Caps), in which case the LFC must complete consultation in accordance with clause 24.8. To avoid doubt, changes to the Ancillary Charges do not require the approval of CFH in accordance with the NIPA where it is a change to an existing Ancillary Charge and the Ancillary Charge remains under the relevant Price Cap. (b) After completing consultation with the Change Management Forum in accordance with clause 24.8, the LFC may implement the Ancillary Price Change by giving the Service Provider at least 60 Business Days’ prior notice of the Ancillary Price Change. (c) An Ancillary Price Change will not apply to a Service Order before the expiry of the applicable Minimum Service Term unless it is a Required Change proposed in accordance with clause 24.2 or a NIPA Consequential Change proposed in accordance with clause 24.3. If, pursuant to clauses 24.2 or 24.3, an Ancillary Price Change is a Required Change or a NIPA Consequential Change the LFC may apply the Ancillary Price Change to a Service Order before the expiry of the applicable Minimum Service Term provided that if the applied Ancillary Price Change results in an increase to the Ancillary Charge: (i) the Service Provider may terminate the Service Order by not less than 20 Business Days’ prior notice to the LFC given in accordance with clause 4.3; and (ii) no early termination charges will be payable by the Service Provider in relation to that early termination.

Changes to Ancillary Charges. (a) In addition to any changes to the Ancillary Charges made in accordance with the Price List and without limiting the LFC’s rights to change Ancillary Charges in accordance with the Price List, : (a) the LFC may propose a change to, or addition, deletion or replacement of, an Ancillary Charge (Ancillary Price Non Price List Change) by notice to the Service Provider (provided that the Ancillary Charges may not in any case prior to 31 December 2019 exceed the Price Caps)Provider, in which case the LFC must complete consultation in accordance with clause 24.824.7. To avoid doubt, changes to the Ancillary Charges do not require the approval of CFH in accordance with the NIPA where it is a change to an existing Ancillary Charge and the Ancillary Charge remains under the relevant Price Cap. (b) After completing consultation with the Change Management Forum in accordance with clause 24.824.7, the LFC may implement the Ancillary Price Non Price List Change by giving the Service Provider at least 60 sixty (60) Business Days’ prior notice of the Ancillary Price Non Price List Change.; and (cb) An an Ancillary Price Non Price List Change will not apply to a Service Order before the expiry of the applicable Minimum Service Term unless it is a Required Change proposed in accordance with clause 24.2 or a NIPA Consequential Change proposed in accordance with clause 24.324.2. If, pursuant to clauses 24.2 or 24.3clause 24.2, an Ancillary Price Non Price List Change is a Required Change or a NIPA Consequential Change the LFC may apply the Ancillary Price Non Price List Change to a Service Order before the expiry of the applicable Minimum Service Term provided that if the applied Ancillary Price Non Price List Change results in an increase to the Ancillary Charge: (i) : the Service Provider may terminate the Service Order by not less than 20 twenty (20) Business Days’ prior notice to the LFC given in accordance with clause 4.3; and (ii) and no early termination charges will be payable by the Service Provider in relation to that early termination.

Changes to Ancillary Charges. (a) In addition to any changes to the Ancillary Charges made in accordance with the Price List and without limiting the LFC’s rights to change Ancillary Charges in accordance with the Price List, : the LFC may propose a change to, or addition, deletion or replacement of, an Ancillary Charge (Ancillary Price Non Price List Change) by notice to the Service Provider (provided that the Ancillary Charges may not in any case prior to 31 December 2019 exceed the Price Caps), in which case the LFC must complete consultation in accordance with clause 24.824.7. To avoid doubt, changes to the Ancillary Charges do not require the approval of CFH in accordance with the NIPA where it is a change to an existing Ancillary Charge and the Ancillary Charge remains under the relevant Price Cap. (b) . After completing consultation with the Change Management Forum in accordance with clause 24.824.7, the LFC may implement the Ancillary Price Non Price List Change by giving the Service Provider at least 60 sixty (60) Business Days’ prior notice of the Ancillary Price Non Price List Change. (c) An ; and an Ancillary Price Non Price List Change will not apply to a Service Order before the expiry of the applicable Minimum Service Term unless it is a Required Change proposed in accordance with clause 24.2 or a NIPA Consequential Change proposed in accordance with clause 24.324.2. If, pursuant to clauses 24.2 or 24.3clause 24.2, an Ancillary Price Non Price List Change is a Required Change or a NIPA Consequential Change the LFC may apply the Ancillary Price Non Price List Change to a Service Order before the expiry of the applicable Minimum Service Term provided that if the applied Ancillary Price Non Price List Change results in an increase to the Ancillary Charge: (i) : the Service Provider may terminate the Service Order by not less than 20 twenty (20) Business Days’ prior notice to the LFC given in accordance with clause 4.3; and (ii) and no early termination charges will be payable by the Service Provider in relation to that early termination.. Price Cap Changes: Prior to 31 December 2019, if the LFC is considering proposing to CFH that there should be an increase in a Price Cap for a Base Wholesale Service (other than the Central Office and POI Co-location Service), it must first complete consultation in accordance with clause 24.7 and obtain approval of the Change Management Forum in accordance with clause 25.3 before submitting its proposal (Price Cap Proposal) to CFH for its approval. The LFC will promptly notify the Service Provider if it submits a Price Cap Proposal to CFH for approval (and in any event will so do within five (5) Business Days of making a submission). The parties acknowledge that if CFH agrees to change a Price Cap in accordance with a Price Cap Proposal, CFH will update the Price Caps on its website, but such change will not take effect for 12 months following the date of CFH’s approval. Changes to Technology or LFC Equipment: Subject to clause 24.2(a)(iii), the LFC may propose, by notice to the Service Provider: a change to the technology used to provide a Service (a Technology Change); or without limiting its obligation to meet the Core Service Levels, any modification or substitution of any of the LFC Equipment provided that the LFC continues to meet the specifications for a Service as set out in the applicable Service Description (an LFC Equipment Change). Without prejudice to the LFC’s rights under clause 24.2(a)(iii), where a proposed Technology Change or LFC Equipment Change is in the reasonable opinion of the LFC likely to affect or impact upon the Service Provider, the LFC must consult in accordance with clause 24.7 for no less than ninety (90) days following the date of any notice given under clause 24.6(a). Without prejudice to the LFC’s rights under clause 24.2(a)(iii), following completion of consultation in accordance with clause 24.6(b) and clause 24.7, the LFC may implement the Technology Change or LFC Equipment Change: for a minor change, by giving the Service Provider at least three (3) months’ notice of implementation; or for a major change, by giving the Service Provider at least twelve (12) months’ notice of implementation. Whether a Technology Change or LFC Equipment Change is a “minor” or “major” change shall be determined by an affirmative majority vote of service provider members in attendance at the final Change Management Forum meeting relating to consultation on the Technology Change or LFC Equipment Change. For any Technology Change or LFC Equipment Change: the LFC will provide all reasonable assistance to the Service Provider to migrate to the new technology or LFC Equipment to be used to provide the Services; and if the Service Provider (acting reasonably) considers that the Technology Change or LFC Equipment Change proposed by the LFC is likely to result in a significant change to the Service Provider’s procedures, facilities or systems or impose any additional material costs on the Service Provider, the Service Provider may terminate any affected Service Order prior to the relevant change being made operational by the LFC. For the avoidance of doubt, clause 22.54(b) shall apply to such termination. In making any LFC Equipment Change, the LFC will: ensure that any such modified or substituted LFC Equipment is fully compatible with the LFC Network and the current Service Descriptions; and use reasonable efforts to ensure that any such modified or substituted LFC Equipment is fully compatible with all other equipment, software and technology that the LFC Equipment interoperates with. Change Consultation and Change Management Forum Approval: If the LFC wishes to make: an Agreement Change proposed by either the LFC, or the Service Provider (including a Wholesale Service withdrawal in accordance with clause 5.2(a)), that is not a Bilateral Agreement Change;

Changes to Ancillary Charges. (a) In addition to any changes to the Ancillary Charges made in accordance with the Price List and without limiting the LFC’s rights to change Ancillary Charges in accordance with the Price List, the LFC may propose a change to, or addition, deletion or replacement of, an Ancillary Charge (Ancillary Price Change) by notice to the Service Provider (provided that the Ancillary Charges may not in any case prior to 31 December 2019 exceed the Price Caps), in which case the LFC must complete consultation in accordance with clause 24.8. To avoid doubt, changes to the Ancillary Charges do not require the approval of CFH in accordance with the NIPA where it is a change to an existing Ancillary Charge and the Ancillary Charge remains under the relevant Price Cap. (b) After completing consultation with the Change Management Forum in accordance with clause 24.8, the LFC may implement the Ancillary Price Change by giving the Service Provider at least 60 Business Days’ prior notice of the Ancillary Price Change.. + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.73 cm + Indent at: 1.73 cm (c) An Ancillary Price Change will not apply to a Service Order before the expiry of the applicable Minimum Service Term unless it is a Required Change proposed in accordance with clause 24.2 or a NIPA (c) Consequential Change proposed in accordance with clause 24.3. If, pursuant to clauses 24.2 or 24.3, an Ancillary Price Change is a Required Change or a NIPA Consequential Change the LFC may apply the Ancillary Price Change to a Service Order before the expiry of the applicable Minimum Service Term provided that if the applied Ancillary Price Change results in an increase to the Ancillary Charge: (i) the Service Provider may terminate the Service Order by not less than 20 Business Days’ prior notice to the LFC given in accordance with clause 4.3; and (ii) no early termination charges will be payable by the Service Provider in relation to that early termination.

Changes to Ancillary Charges. (a) In addition to any changes to the Ancillary Charges made in accordance with the Price List and without limiting the LFC’s rights to change Ancillary Charges in accordance with the Price List, the LFC may propose a change to, or addition, deletion or replacement of, an Ancillary Charge (Ancillary Price Change) by notice to the Service Provider (provided that the Ancillary Charges may not in any case prior to 31 December 2019 exceed the Price Caps), in which case the LFC must complete consultation in accordance with clause 24.8. To avoid doubt, changes to the Ancillary Charges do not require the approval of CFH in accordance with the NIPA where it is a change to an existing Ancillary Charge and the Ancillary Charge remains under the relevant Price Cap. (b) After completing consultation with the Change Management Forum in accordance with clause 24.8, the LFC may implement the Ancillary Price Change by giving the Service Provider at least 60 Business Days’ prior notice of the Ancillary Price Change.. Formatted: Indent: Hanging: 0.75 cm, Space After: 0 pt, Line spacing: Multiple 1.05 li, Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: (c) An Ancillary Price Change will not apply to a Service Order before the expiry of the applicable Minimum Service Term unless it is a Required Change proposed in accordance with clause 24.2 or a NIPA (c) Consequential Change proposed in accordance with clause 24.3. If, pursuant to clauses 24.2 or 24.3, an Ancillary Price Change is a Required Change or a NIPA Consequential Change the LFC may apply the Ancillary Price Change to a Service Order before the expiry of the applicable Minimum Service Term provided that if the applied Ancillary Price Change results in an increase to the Ancillary Charge: (i) the Service Provider may terminate the Service Order by not less than 20 Business Days’ prior notice to the LFC given in accordance with clause 4.3; and (ii) no early termination charges will be payable by the Service Provider in relation to that early termination.

Changes to Ancillary Charges. (a) In addition to any changes to the Ancillary Charges made in accordance with the Price List and without andwithout limiting the LFC’s rights to change Ancillary Charges in accordance with the Price List, : (a) the LFC may propose a change to, or addition, deletion or replacement of, an Ancillary Charge (Ancillary Price Non Price List Change) by notice to the Service Provider (provided that the Ancillary Charges may not in any case prior to 31 December 2019 exceed the Price Caps)Provider, in which case the LFC must complete consultation in accordance with clause 24.824.7. To avoid doubt, changes to the Ancillary Charges do not require the approval of CFH in accordance with the NIPA where it is a change to an existing Ancillary Charge and the Ancillary Charge remains under the relevant Price Cap. (b) After completing consultation with the Change Management Forum in accordance with clause 24.824.7, the LFC may implement the Ancillary Price Non Price List Change by giving the Service Provider at least 60 Business Days’ prior notice of the Ancillary Price Non Price List Change.; and (cb) An an Ancillary Price Non Price List Change will not apply to a Service Order before the expiry of the applicable Minimum Service Term unless it is a Required Change proposed in accordance with clause 24.2 or a NIPA Consequential Change proposed in accordance with clause 24.324.2. If, pursuant to clauses 24.2 or 24.3clause 24.2, an Ancillary Price Non Price List Change is a Required Change or a NIPA Consequential Change the LFC may apply the Ancillary Price Non Price List Change to a Service Order before the expiry of the applicable Minimum Service Term provided that if the applied Ancillary Price Non Price List Change results in an increase to the Ancillary Charge: (i) : the Service Provider may terminate the Service Order by not less than 20 Business Days’ prior notice to the LFC given in accordance with clause 4.3; and (ii) and no early termination charges will be payable by the Service Provider in relation to that early termination.