General Overview 2.1.1 If ACI requires maintenance for its local service customers, ACI will initiate a request for repair (sometimes referred to as a "trouble report") by calling GTE's Customer Care Repair Center. During this call, GTE service representatives will verify that the end-user is a ACI customer and will then obtain the necessary information from ACI to process the trouble report. While the ACI representatives are still on the line, GTE personnel will perform an initial analysis of the problem and remote line testing for resale services. If engineered services are involved, the call will be made to the GTE SSCC for handling. If no engineering is required and the line testing reveals that the trouble can be repaired remotely, GTE personnel will correct the problem and close the trouble report while ACI representatives are still on the line. If on-line resolution is not possible, GTE personnel will provide ACI representatives a commitment time for repair, and the GTE personnel then will enter the trouble ticket into the GTE service dispatch queue. ACI's repair service commitment times will be within the same intervals as GTE provides to its own end users. Maintenance and repair of GTE facilities is the responsibility of GTE and will be performed at no incremental charge to ACI. If, as a result of a ACI-initiated trouble report, trouble is found to be the responsibility of ACI (e.g., non-network cause) GTE will charge ACI for trouble isolation. ACI will have the ability to report trouble for its end users to appropriate trouble reporting centers 24 hours a day, 7 days a week. ACI will be assigned a customer contact center when initial service agreements are made.
2.1.2 Repair calls to the SSCC for engineered services will be processed in essentially the same manner as those by the GTE Customer Care Center. GTE personnel will analyze the problem, provide the ACI representative with a commitment time while they are still on the line, and then place the trouble ticket in the dispatch queue.
2.1.3 GTE then will process all ACI trouble reports in the dispatch queue along with GTE trouble reports in the order they were filed (first in, first out), with priority given to out-of-service conditions. If, at any time, GTE would determine that a commitment time given to ACI becomes in jeopardy, GTE service representatives will contact ACI by telephone to advise of the jeopardy condition and provide a new commitment time.
2.1.4 Trouble reports in the dispatch queue will be transmitted electronically to GTE CZT service technicians who will repair the service problems and clear the trouble reports. For cleared ACI trouble reports, GTE service technicians will make a telephone call to ACI directly to clear the trouble ticket. GTE service technicians will make the confirmation call to the telephone number provided by ACI. If ACI is unable to process the call or places the GTE technician on hold, the call will be terminated. To avoid disconnect, ACI may develop an answering system, such as voice mail, to handle the confirmation calls expeditiously.
2.1.5 GTE will provide electronic interface access to operation support systems functions which provide the capability to initiate, status and close a repair trouble ticket. GTE will not provide to ACI real time testing capability on ACI end user services. GTE will not provide to ACI an interface for network surveillance (performance monitoring).
2.1.6 GTE will resolve repair requests by or for ACI local service customers using GTE's existing repair system in parity with repair requests by GTE end users. GTE will respond to service requests for ACI using the same time parameters and procedures that GTE uses. ACI then would call GTE's Customer Care Center or SSCC while the customers were on hold.
General Obligations 1. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 116 (General Principles) and, in particular, shall expeditiously apply those measures so as to avoid unduly impairing or delaying trade in goods or services or conduct of investment activities under this Agreement.
2. Nothing in this Chapter shall be construed to prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to unduly impair or delay trade in goods or services or conduct of investment activities under this Agreement.
GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area.
OTHER IMPORTANT TERMS 12.1 We may at any time sub-license, assign, novate, charge or deal in any other manner with any or all of our rights and obligations under this Licence, provided we give written notice to you if this happens.
12.2 You shall not:
12.2.1 sub-license, assign or novate the benefit or burden of this Licence in whole or in part;
12.2.2 allow the Software to become the subject of any charge, lien or encumbrance; and
12.2.3 deal in any other manner with any or all of its rights and obligations under this Licence, without our prior written consent.
12.3 You and we confirm that we are each acting on our own behalf and not for the benefit of any other person.
12.4 This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.
12.5 You hereby agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence or any document expressly referred to in it.
12.6 Each of the provisions of this Licence operates separately. If any court or relevant authority decides that any of provision or part-provision is invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Licence.
12.7 If we do not insist immediately that you do anything you are required to do under this Licence, or if we delay in taking steps against you in respect of your breaking the terms of this Licence, or if we do not enforce all or any of our rights against you, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.8 This Licence (and any document referred to in it) contains the whole agreement between you and us relating to the subject matter hereof (to the exclusion of any terms, provisions or conditions contained on or within any purchase order, acknowledgement or other business form that you may use in connection with this Licence) and supersedes all prior agreements, arrangements and understandings between you and us relating to that subject matter.
12.9 No variation of this Licence shall be effective unless it is in writing and signed by us.
12.10 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both hereby irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
12.11 This Licence is prepared in the English language and if it is translated into any other language, the English language version of this Licence shall prevail if there is a conflict.
COMPLIANCE OF LAWS RELATING TO REMITTANCES 3.1 The Allottee, if resident outside India, shall be solely responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Act, 1999, Reserve Bank of India Act, 1934 and the Rules and Regulations made thereunder or any statutory amendment(s) modification(s) made thereof and all other applicable laws including that of remittance of payment acquisition/sale/transfer of immovable properties in India etc. and provide the Promoter with such permission, approvals which would enable the Promoter to fulfil its obligations under this Agreement. Any refund, transfer of security, if provided in terms of the Agreement shall be made in accordance with the provisions of Foreign Exchange Management Act, 1999 or the statutory enactments or amendments thereof and the Rules and Regulations of the Reserve Bank of India or any other applicable law. The Allottee understands and agrees that in the event of any failure on his/her part to comply with the applicable guidelines issued by the Reserve Bank of India; he/she may be liable for any action under the Foreign Exchange Management Act, 1999 or other laws as applicable, as amended from time to time.
3.2 The Promoter accepts no responsibility in regard to matters specified in para 3.1 above. The Allottee shall keep the Promoter fully indemnified and harmless in this regard. Whenever there is any change in the residential status of the Allottee subsequent to the signing of this Agreement, it shall be the sole responsibility of the Allottee to intimate the same in writing to the Promoter immediately and comply with necessary formalities if any under the applicable laws. The Promoter shall not be responsible towards any third party making payment/remittances on behalf of any Allottee and such third party shall not have any right in the application/allotment of the said apartment applied for herein in any way and the Promoter shall be issuing the payment receipts in favour of the Allottee only.
