Common use of Delivery and Utilization Clause in Contracts

Delivery and Utilization. 3.1 Subject to fulfilment by Operator of the provisions of Clause 20 of the main body of this Agreement, the Supplying Party will respond to a Capacity Order as soon as possible but not later than fifteen (15) Business Days of receipt of such Capacity Order. The response shall be either: (a) an acknowledgment that the Supplying Party is able to provide the Ordered Capacity by a particular date (“Ordered Delivery Date”). The Ordered Capacity shall be provided as soon as possible but not later than fort-five (45) Calendar Days from the date of Capacity Order from the Requesting Party; or (b) an advice that the Supplying Party is unable to provide the Ordered Capacity as procurement is required. 3.2 Where procurement is required in order to meet the Capacity Order, and where the Supplying Party advises the Requesting Party pursuant to Clause 3.1 (b), the Supplying Party shall seek confirmation of the Order from the Requesting Party. Upon confirmation by the Requesting Party, the Supplying Party shall complete the procurement not later than it would complete such procurement for itself and shall provide the Ordered Interconnect Capacity to the Ordering Party as soon as possible but not later than a period of ninety (90) Calendar Days from the date of Capacity Order from the Requesting Party. 3.3 If the Requesting Party seeks Interconnect Capacity at a level higher than the Ordered level or on a Order Delivery Date other than the agreed Order Delivery Date, it may make a request to the Supplying Party to provide the revised level of capacity or revise the Order Delivery Date. Where necessary, the Supplying Party will undertake and complete a feasibility study within thirty (30) Business Days. 3.4 Each Party shall use its reasonable endeavours to ensure that its Network Equipment on its side of the relevant POI are provisioned by the Commissioning Date and maintained in accordance with the Ordered Capacity under this Schedule C2. 3.5 The Supplying Party reserves the right to reduce the number of E1s as given to the Requesting Party by the number of E1s so as to bring the utilization to the level not exceeding 60% of capacity, in case the capacity is utilized by less than forty (40) percent for a consecutive period of three (3) months. 3.6 In case the Requesting Party is unable to deliver any traffic within the first quarter after the Commissioning Date, the Supplying Party may withdraw the Capacity provided under this Agreement after giving fifteen (15) Calendar Days written notice to the Requesting Party.

Delivery and Utilization. 3.1 Subject to fulfilment by Operator of the provisions of Clause 20 of the main body of this Agreement, the Supplying Party will respond to a Capacity Order as soon as possible but not later than fifteen (15) Business Days of receipt of such Capacity Order. The response shall be either: (a) an acknowledgment that the Supplying Party is able to provide the Ordered Capacity by a particular date (“Ordered Delivery Date”). The Ordered Capacity shall be provided as soon as possible but not later than fort-five (45) Calendar Days from the date of Capacity Order from the Requesting Party; or (b) an advice that the Supplying Party is unable to provide the Ordered Capacity as procurement is required. 3.2 Where procurement is required in order to meet the Capacity Order, and where the Supplying Party advises the Requesting Party pursuant to Clause 3.1 (b), the Supplying Party shall seek confirmation of the Order from the Requesting Party. Upon confirmation by the Requesting Party, the Supplying Party shall complete the procurement not later than it would complete such procurement for itself and shall provide the Ordered Interconnect Capacity to the Ordering Party as soon as possible but not later than a period of ninety (90) Calendar Days from the date of Capacity Order from the Requesting Party. 3.3 If the Requesting Party seeks Interconnect Capacity at a level higher than the Ordered level or on a Order Delivery Date other than the agreed Order Delivery Date, it may make a request to the Supplying Party to provide the revised level of capacity or revise the Order Delivery Date. Where necessary, the Supplying Party will undertake and complete a feasibility study within thirty (30) Business Days. 3.4 Each Party shall use its reasonable endeavours to ensure that its Network Equipment on its side of the relevant POI are provisioned by the Commissioning Date and maintained in accordance with the Ordered Capacity under this Schedule C2. 3.5 The Supplying Party reserves the right to reduce the number of E1s as given to the Requesting Party by the number of E1s so as to bring the utilization to the level not exceeding 60% of capacity, in case the capacity is utilized by less than forty (40) percent for a consecutive period of three (3) months, . 3.6 In case the Requesting Party is unable to deliver any traffic within the first quarter after the Commissioning Date, the Supplying Party may withdraw the Capacity provided under this Agreement after giving fifteen (15) Calendar Days written notice to the Requesting Party.