Common use of End Supply Clause in Contracts

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFH; (ii) that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, Service by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFH; (ii) that delivers at least maintains or improves the performance characteristics of the withdrawn Base Wholesale Service; (iiiii) with a price which is no greater the same as or less than the price of the withdrawn Base Wholesale Service; and (iviii) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Serviceapproved by CFH. If the requirements of CFH approves any replacement service in accordance with this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFHin accordance with the requirements of the NIPA; (ii) that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) (i) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and and (iv) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFHin accordance with the requirements of the NIPA; (ii) that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFH; (ii) that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and and (iv) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2.. Chorus UFB Services Agreement (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless unless, subject to clause 5.2(e), the LFC provides a replacement service: (i) which is service approved by CFH; (ii) CFH that delivers at least the those performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) which is subject to at the same Price Cap price as applied to the withdrawn Base Wholesale Service. If the requirements of CFH approves any replacement service in accordance with this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service. (e) A GPON Wholesale Service (or a replacement of that GPON Wholesale Service) may be withdrawn by the LFC on or after 1 January 2015 (and not be replaced) if, over the preceding 12 month period, the relevant service has been supplied (as an input service) to less than 5% of the end users receiving GPON Wholesale Services (from all service providers) over the LFC Network in that period.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless unless, subject to clause 5.2(e), the LFC provides a replacement service: (i) which is service approved by CFH; (ii) CFH that delivers at least the those performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) which is subject to at the same Price Cap price as applied to the withdrawn Base Wholesale Service. If the requirements of CFH approves any replacement service in accordance with this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service. (e) A GPON Wholesale Service (or a replacement of that GPON Wholesale Service) may be withdrawn by the LFC on or after 1 January 2015 (and not be replaced) if, over the preceding 12 month period, the relevant service has been supplied (as an input service) to less than 5% of the end users receiving GPON Wholesale Services (from all service providers) over the LFC Network in that period.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the The LFC may end the supply of a Wholesale Service the Service Provider is receiving if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with itwith a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFH; (ii) that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the LFC may end the supply of a Wholesale Service if: (i) the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 months’ notice to the Service Provider; or (ii) the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 months’ notice to the Service Provider. (b) If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after the date of the LFC’s notice under clause 5.2(a); and (iv) if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) which is approved by CFH; (ii) that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service.

End Supply. (a) Subject to clause 5.2(d), from 1 June 2014 the 0000 Xxxx LFC may end the supply of a Wholesale Service the Service Provider is receiving if: (i) : the Wholesale Service is no longer viable or the LFC is otherwise unable to continue to provide the Wholesale Service, by giving not less than 24 twenty-four (24) months’ notice to the Service Provider (or such other period as agreed by the LFC and Service Provider); or (ii) or the LFC decides, in its sole discretion, to withdraw the Wholesale Service from general availability and replace it with a new Wholesale Service, by giving not less than 12 twelve (12) months’ notice to the Service Provider (or such other period as agreed by the LFC and Service Provider. (b) ). If the LFC gives notice under clause 5.2(a) of its intention to end the supply of a Wholesale Service it will: (i) : attach to that notice a plan for the migration of the Service Provider from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any replacement wholesale telecommunications services (Replacement Wholesale Service); (ii) ; provide reasonable assistance to the Service Provider to assist the Service Provider in migrating from that Wholesale Service to (at the Service Provider’s election) another Wholesale Service or, where applicable, to any Replacement Wholesale Service; (iii) ; not accept any new Service Request for the supply of the Wholesale Service if that Service Request is received on or after the date on which the LFC makes the supply of the Replacement Wholesale Service available to the Service Provider or, where no Replacement Wholesale Service is being provided, 12 months after on the applicable date of expiry of the LFC’s notice given under clause 5.2(a); and (iv) and if the notice period expires during the Minimum Service Term applicable to the Wholesale Service, continue to supply the Wholesale Service on the terms of the applicable Service Order until the expiry of that Minimum Service Term, unless the parties agree otherwise. (c) . Early termination charges will not apply if the LFC ends the supply of a Wholesale Service under this clause 5.2. (d) . The LFC may not end supply of a Base Wholesale Service before 31 December 2019 unless the LFC provides a replacement service: (i) : which is approved by CFH; (ii) ; that delivers at least the performance characteristics of the withdrawn Base Wholesale Service; (iii) ; with a price which is no greater than the price of the withdrawn Base Wholesale Service; and (iv) and which is subject to the same Price Cap as applied to the withdrawn Base Wholesale Service. If the requirements of this clause (d) are satisfied and a replacement service is provided by the LFC then this clause will continue to apply to that replacement service. Continuity of Supply: A Service Order will continue until terminated in accordance with this Agreement. A change to a Service Order will not initiate a new Service Order, or cause the existing Service Order to terminate, unless expressly agreed in writing. In particular, a change to a Service Order that is implemented by the LFC electronically and does not require a physical visit to a site or Interconnection Point will not cause the Service Order to terminate. Service Standards: When providing a Service the LFC will: use reasonable care and skill; meet the specifications for that Service as set out in the applicable Service Description; and meet the Core Service Levels for that Service, as set out in the applicable Service Level Terms together with any specific service levels that the parties have agreed in writing will apply in respect of an individual Reseller or End User (subject always to the LFC’s obligation to provide Wholesale Services on a non-discriminatory basis). Maintaining the LFC Network: Without prejudice to the LFC’s obligations to meet the availability and connection service levels specified in the Service Level Terms, the LFC may temporarily suspend or restrict a Service in order to carry out maintenance or development work on the LFC Network. In doing so the LFC will, unless the suspension or restriction is required to respond to an Emergency: give the Service Provider not less than five (5) Business Days’ notice of the suspension or restriction; use best endeavours to ensure that the suspension or restriction takes place during the planned outage window for that Service, as specified in the applicable Operations Manual; and use its best endeavours to minimise disruption to the Service Provider, Resellers and End Users; and fully reinstate the Service as soon as the maintenance or development work is completed. FAULTS Responsibility for Faults: The LFC is responsible for monitoring, diagnosing, repairing and resolving any fault in a Wholesale Service, the LFC Network (a Fault) in accordance with the procedures set out in each applicable Operations Manual. The LFC is not responsible for any fault in the Service Provider’s equipment or network but may, at the Service Provider’s request and cost, agree to fix such faults. Notwithstanding the foregoing and without prejudice to the Service Provider’s other rights and remedies under this Agreement, where that fault arises as a result of a breach of this Agreement or any wilful or negligent act or omission by the LFC or any of its contractors or agents, the LFC will, at the request of the Service Provider, fix such fault at the LFC’s sole cost.