PROCEDURE FOR REQUEST FOR SERVICES. 2.1. The RL shall submit each Request via email using the form set out in Annex 4. 2.2. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection. 2.3. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DC-to-DC Connection, and shall issue a desktop study report on the details of the proposed deployment of the DC-to-DC Connection, which may include (but is not limited to) the following information: (a) Distance of the proposed fibre route; and (b) The theoretical signal loss applicable for the proposed fibre route. 2.4. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelled, and the RL shall be liable for the Cancellation Charges as set out in Annex 3. 2.5. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Days. 2.6. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DC-to-DC Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, prior to fulfilling the said order. 2.7. NLT shall commence the fibre deployment subject to the following conditions: 2.7.1. The RL agrees to the OTC and other costs indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 above; 2.7.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty (20) Business Days of receiving the Quotation (“Acceptance Period). In the event that the RL fails to formally accept the service activation period within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement; 2.7.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre or Building for the deployment of the DC-to-DC Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL; 2.7.4. In the event that NLT is unable to deploy the DC-to-DC Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty (20) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 3, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 above; and 2.7.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary. 2.8. In the event that the RL cancels the Request for a DC-to-DC Connection after the commencement of the site survey referred to in paragraph 2.6 of this Annex 1 and before accepting the Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 3. 2.9. In the event that the RL cancels the Request for a DC-to-DC Connection after accepting NLT’s Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 3. 2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.
Appears in 2 contracts
Samples: Customised Agreement, Provision of Dc to Dc Connections for Enterprise Services
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request via email using the form set out in Annex 43. NLT shall communicate the Application Reference Identifiers that are assigned to the respective tenures of the Point-to-Point Connections that are offered under Annex 2 at a later date. Each Request shall indicate the Application Reference Identifier, and NLT shall not be liable for any loss incurred by the RL in the event that an incorrect Application Reference Identifier is stated in the Request.
2.23.2. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.3. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DCPoint-to-DC Point Connection, and shall issue a desktop study report on the details of the proposed deployment of the DCPoint-to-DC Point Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and
(b) The theoretical signal loss applicable for the proposed fibre route.
2.43.4. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelledreport, and decides to cancel the RL shall be liable for the Request, Cancellation Charges as set out in Annex 32 shall apply.
2.53.5. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Daysemail.
2.63.6. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DCPoint-to-DC Point Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) (including but not limited to OTC for digging or trenching work, where necessary) and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, ) prior to fulfilling the said order.
2.73.7. NLT shall commence the fibre deployment subject to the following conditions:
2.7.13.7.1. The RL agrees to the OTC and other costs indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 3.6 above;
2.7.23.7.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty ten (2010) Business Days of receiving receipt of the Quotation (“Acceptance Period). In the event that the RL fails to formally accept the service activation period within the aforementioned periodsQuotation, failing which, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement2;
2.7.33.7.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre Building or Building NBAP for the deployment of the DCPoint-to-DC Point Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.43.7.4. In the event that NLT is unable to deploy the DCPoint-to-DC Point Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty ten (2010) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periodsDays, failing which, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 32, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 3.7.2 above; and
2.7.53.7.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.83.8. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.9. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after the commencement of the site survey referred to in paragraph 2.6 3.6 of this Annex 1 and before accepting the Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 32.
2.93.10. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after accepting NLT’s Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 32.
2.103.11. NLT will use optical fibre cable based on the ITU-T G.657A standard for outdoor installations and the ITU-T G.657A standard for in-building installations (where applicable) to deliver the Point- to-Point Connection.
3.12. NLT will test the optical fibre cable from the A-end address to the B-end address to ensure that the Point-to-Point Connection falls within the specified optical performance. Testing will be conducted at wavelengths of 1310nm, 1490nm and 1550nm.
3.13. NLT shall ensure that the optical power loss does not exceed -0.4dB per km and -0.5dB per connector.
3.14. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.
Appears in 2 contracts
Samples: Provision of Point to Point Connections for Enterprise Services, Provision of Point to Point Connections for Enterprise Services
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request via email at XXxxxxxx@xxxxxxxxxx.xxx using the form set out in Annex 4. NLT shall communicate the Application Reference Identifiers that are assigned to the respective tenures of the DC Connections that are offered under Annex 3 at a later date. Each Request shall indicate the Application Reference Identifier, and NLT shall not be liable for any loss incurred by the RL in the event that an incorrect Application Reference Identifier is stated in the Request.
2.23.2. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.3. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.4. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DC-to-DC Connection, and shall issue a desktop study report on the details of the proposed deployment of the DC-to-DC Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and;
(b) The theoretical signal loss applicable for the proposed fibre route; and
(c) High-level routing information (hereinafter referred to as the “Routing Information”), where expressly requested by the RL. For the avoidance of doubt, the RL shall submit the request for the Routing Information within one (1) Business Day from the date on which the RL is notified of the acceptance of the Request in accordance with paragraph 3.3 above. An additional non-refundable charge as specified under Annex 3 shall apply in the event that the RL requests for the Routing Information.
2.43.5. The Routing Information shall be provided to the RL subject to the following conditions:
(a) the RL acknowledges and agrees that the Routing Information shall comprise NLT’s confidential information and shall be accorded the appropriate treatment as set out under Clause 4.1 of this Agreement;
(b) All rights or title to the Intellectual Property subsisting in Routing Information shall vest in and shall be the sole and exclusive property of NLT;
(c) NLT hereby grants the RL a royalty-free and non-exclusive licence to use the Routing Information during the term of this Agreement for purposes which are directly related to the planning of RL’s network, and to the disclosure of the high level fibre routing of a DC Connection to the relevant Direct End-User;
(d) the RL is strictly prohibited from reproducing the Routing Information in any medium and/or sharing the Routing Information with any third party for any reason whatsoever without NLT’s prior written consent;
(e) The Routing Information provided to the RL shall be correct as of the date of the desktop study referred to in paragraph 3.4 above, and may subsequently be subject to change due to cable diversions and other network maintenance activities carried out after the date of the desktop study. For the avoidance of doubt, NLT shall not have any continuing obligation to provide the RL with updated Routing Information; and
(f) NLT makes no guarantee, representation or warranty as to, and shall bear no liability for, the Routing Information including, but not limited to, guarantees, representations and warranties of any kind, implied, express or statutory regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, freedom from computer virus, non-infringement, suitability, satisfactory quality or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law and NLT expressly disclaims liability for any errors in, or omissions from, the Routing Information.
3.6. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelled, and the RL shall be liable for the Cancellation Charges as set out in Annex 33 shall apply.
2.53.7. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Days.
2.63.8. Subject to the RLRL ’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DC-to-DC Connection. NLT shall thereafter provide a quotation of any applicable one-one- time Installation Charge (“OTC”) (including but not limited to OTC for digging or trenching work, where necessary), site survey where required and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment (“Quotation”)) , as well as the estimated service activation period for each DC-to-DC Connection, prior to fulfilling the said order.
2.73.9. NLT shall commence the fibre deployment subject to the following conditions:
2.7.13.9.1. The RL agrees to the OTC and other costs indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 3.8 above;
2.7.23.9.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty ten (2010) Business Days of receiving receipt of the Quotation (“Acceptance Period)Quotation. In the event that the RL fails to formally accept the service activation period within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement3;
2.7.33.9.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre or Building for the deployment of the DC-to-DC Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.43.9.4. In the event that NLT is unable to deploy the DC-to-DC Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RLRL ’s approval. The RL must provide its acceptance of the revised Quotation within twenty (20) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 3, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 above; and
2.7.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.8. In the event that the RL cancels the Request for a DC-to-DC Connection after the commencement of the site survey referred to in paragraph 2.6 of this Annex 1 and before accepting the Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 3.
2.9. In the event that the RL cancels the Request for a DC-to-DC Connection after accepting NLT’s Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 3.
2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.ten
Appears in 2 contracts
Samples: Customised Agreement for Provision of Dc Connections for Enterprise Services, Customised Agreement for Provision of Dc Connections for Enterprise Services
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request a request for a Connection (“Request”) via email using the form set out in Annex 4.
2.25. Within one (1) Business Day of receiving a the Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.2. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DC-to-DC Connection, and shall issue a desktop study report on the details of the proposed deployment of the DC-to-DC Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and
(b) The theoretical signal loss applicable for the proposed fibre route.
2.43.3. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelledreport, and decides to cancel the RL shall be liable for the Request, Cancellation Charges as set out in Annex 32 shall apply.
2.53.4. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Daysemail.
2.63.5. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DC-to-DC Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) and of any additional cost (e.g. special trunking and scaffolding) for digging or trenching work prior to carry out fulfilling the installation work arising from the need to deploy specialised equipment said order (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, prior to fulfilling the said order.
2.73.6. NLT shall commence the fibre deployment subject to the following conditions:
2.7.13.6.1. The RL agrees to the OTC and other costs for digging or trenching work indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 3.5 above;
2.7.23.6.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty ten (2010) Business Days of receiving receipt of the Quotation (“Acceptance Period). In the event that the RL fails to formally accept the service activation period within the aforementioned periodsQuotation, failing which, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement2;
2.7.33.6.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre Building or Building NBAP for the deployment of the DCPoint-to-DC Point Connection or Mobile Point-to-Point Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.43.6.4. In the event that NLT is unable to deploy the DC-to-DC Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty ten (2010) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periodsDays, failing which, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 32, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 3.6.2 above;
3.6.5. In the event that NLT has to incur any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment, NLT shall recover the cost from the RL on a Cost-Oriented Basis; and
2.7.53.6.6. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.83.7. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.8. In the event that the RL cancels the Request for a DC-to-DC Connection after the commencement of the site survey referred to in paragraph 2.6 3.5 of this Annex 1 and before accepting the Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 32.
2.93.9. In the event that the RL cancels the Request for a DC-to-DC Connection after accepting NLT’s Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 32.
2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.
Appears in 2 contracts
Samples: Customised Agreement, Provision of Mobile Point to Point Connections and Point to Point Connections for Mobile Network Deployment and Enterprise Services
PROCEDURE FOR REQUEST FOR SERVICES. 2.1. The RL shall submit each a written Request via email using for a CO Diversity Connection by completing and emailing a completed form in the form format set out in Annex 3 along with the table set out in Annex 4, which may be amended by NLT from time to time. The RL shall indicate the Application Reference using prefix “< CODXXX>” (“CA ARI”) in Annex 4. The RL acknowledges and accepts that the accuracy of NLT’s calculations and determinations on whether the RL has fulfilled the Minimum Volume Commitment and the Minimum Connection Term depends on whether the CA ARI has been stated on the Request for the CO Diversity Connection. NLT shall have no obligation to take into account any CO Diversity Connection(s) for which the CA ARI is omitted or is not indicated correctly and accurately on the relevant Request(s), and NLT shall not be liable for breach of the Agreement or for any losses incurred by the RL in the event that any error or miscalculation is made due to the RL’s omission or failure to accurately or correctly indicate the CA ARI.
2.2. Within The RL shall submit not more than one (1) Request for the provisioning of CO Diversity Connection on each Business Day of receiving a Request, NLT will notify Day. Notwithstanding the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejectedforegoing, NLT shall inform at its sole discretion determine the RL actual number of the reason Requests for the rejectionCO Diversity Connections to be processed on each Business Day.
2.3. Where Subject to the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DC-to-DC Connection, and shall issue a desktop study report on the details of the proposed deployment of the DC-to-DC Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and
(b) The theoretical signal loss applicable for the proposed fibre route.
2.4. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelled, and the RL shall be liable for the Cancellation Charges as charges set out in Annex 3.
2.5. In the event that the RL accepts the desktop study report, 2 and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Days.
2.6. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basisherein, NLT shall conduct a site survey to assess the cable routing and other works required for the order related to each DC-to-DC CO Diversity Connection. NLT shall thereafter provide the RL with a quotation of any the total applicable one-time Installation Charge (“OTC”) and of any additional cost prior to fulfilling the said order (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC CO Diversity Connection, prior to fulfilling the said order.
2.72.4. NLT shall commence the fibre deployment from the Central Office designated by NLT to the TP location specified by the RL subject to the following conditions:
2.7.12.4.1. The RL agrees to the applicable OTC and other costs indicated by NLT in the Quotation proposed by NLT pursuant to paragraph 2.6 above;Quotation.
2.7.22.4.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty (20) Business Days of receiving the Quotation (“Acceptance Period”), save that NLT shall grant an additional ten (10) Business Days to accept the service activation period upon receipt of the RL’s written request for the same no later than five (5) Business Days before the expiry of the Acceptance Period. In the event that the RL fails to formally accept the service activation period within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 2 of the Agreement;.
2.7.32.4.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre Building or Building NBAP for the deployment of the DC-to-DC CO Diversity Connection which may include (but are not limited to) the cable trunking leading to the Indoor TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC CO Diversity Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;.
2.7.42.4.4. In the event that NLT is unable to deploy the DC-to-DC CO Diversity Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty (20) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 3, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 above; and
2.7.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.8. In the event that the RL cancels the Request for a DC-to-DC Connection after the commencement of the site survey referred to in paragraph 2.6 of this Annex 1 and before accepting the Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 3.
2.9. In the event that the RL cancels the Request for a DC-to-DC Connection after accepting NLT’s Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 3.
2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.twenty
Appears in 1 contract
Samples: Customised Agreement
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request via email using the form set out in Annex 43. NLT shall communicate the Application Reference Identifiers that are assigned to the respective tenures of the Point-to-Point Connections that are offered under Annex 2 at a later date. Each Request shall indicate the Application Reference Identifier, and NLT shall not be liable for any loss incurred by the RL in the event that an incorrect Application Reference Identifier is stated in the Request.
2.23.2. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.3. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DCPoint-to-DC Point Connection, and shall issue a desktop study report on the details of the proposed deployment of the DCPoint-to-DC Point Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and;
(b) The theoretical signal loss applicable for the proposed fibre route; and
(c) High-level routing information (hereinafter referred to as the “Routing Information”), where expressly requested by the RL. For the avoidance of doubt, the RL shall submit the request for the Routing Information within one (1) Business Day from the date on which the RL is notified of the acceptance of the Request in accordance with paragraph 3.2 above. An additional non-refundable charge as specified under Annex 2 shall apply in the event that the RL requests for the Routing Information.
2.43.4. The Routing Information shall be provided to the RL subject to the following conditions:
(a) the RL acknowledges and agrees that the Routing Information shall comprise NLT’s confidential information and shall be accorded the appropriate treatment as set out under Clause 4.1 of this Agreement;
(b) All rights or title to the Intellectual Property subsisting in Routing Information shall vest in and shall be the sole and exclusive property of NLT;
(c) NLT hereby grants the RL a royalty-free and non-exclusive licence to use the Routing Information during the term of this Agreement for purposes which are directly related to the planning of RL’s network, and to the disclosure of the high level fibre routing of a DC Connection to the relevant Direct End-User;
(d) the RL is strictly prohibited from reproducing the Routing Information in any medium and/or sharing the Routing Information with any third party for any reason whatsoever without NLT’s prior written consent;
(e) The Routing Information provided to the RL shall be correct as of the date of the desktop study referred to in paragraph 3.3 above, and may subsequently be subject to change due to cable diversions and other network maintenance activities carried out after the date of the desktop study. For the avoidance of doubt, NLT shall not have any continuing obligation to provide the RL with updated Routing Information; and
(f) NLT makes no guarantee, representation or warranty as to, and shall bear no liability for, the Routing Information including, but not limited to, guarantees, representations and warranties of any kind, implied, express or statutory regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, freedom from computer virus, non-infringement, suitability, satisfactory quality or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law and NLT expressly disclaims liability for any errors in, or omissions from, the Routing Information.
3.5. In the event that the RL does not accept the desktop study report within ten (10) Business Daysreport, and decides to cancel the Request, the Request shall be deemed cancelled, and the RL shall be liable for the Cancellation Charges as set out in Annex 32 shall apply.
2.53.6. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Daysemail.
2.63.7. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DCPoint-to-DC Point Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) (including but not limited to OTC for digging or trenching work, where necessary) and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, ) prior to fulfilling the said order.
2.73.8. NLT shall commence the fibre deployment subject to the following conditions:
2.7.13.8.1. The RL agrees to the OTC and other costs indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 3.77 above;
2.7.23.8.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty ten (2010) Business Days of receiving receipt of the Quotation (“Acceptance Period). In the event that the RL fails to formally accept the service activation period within the aforementioned periodsQuotation, failing which, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement2;
2.7.33.8.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre Building or Building NBAP for the deployment of the DCPoint-to-DC Point Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.43.8.4. In the event that NLT is unable to deploy the DCPoint-to-DC Point Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty ten (2010) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periodsDays, failing which, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 32, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 3.8.2 above; and
2.7.53.8.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.83.9. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.10. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after the commencement of the site survey referred to in paragraph 2.6 3.7 of this Annex 1 and before accepting the Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 32.
2.93.11. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after accepting NLT’s Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 32.
2.103.12. NLT will use optical fibre cable based on the ITU-T G.657A standard for outdoor installations and the ITU-T G.657A standard for in-building installations (where applicable) to deliver the Point- to-Point Connection.
3.13. NLT will test the optical fibre cable from the A-end address to the B-end address to ensure that the Point-to-Point Connection falls within the specified optical performance. Testing will be conducted at wavelengths of 1310nm, 1490nm and 1550nm.
3.14. NLT shall ensure that the optical power loss does not exceed -0.4dB per km and -0.5dB per connector.
3.15. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.
Appears in 1 contract
Samples: Provision of Point to Point Connections for Enterprise Services
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request via email using the form set out in Annex 43. NLT shall communicate the Application Reference Identifiers that are assigned to the respective tenures of the Point-to-Point Connections that are offered under Annex 2 at a later date. Each Request shall indicate the Application Reference Identifier, and NLT shall not be liable for any loss incurred by the RL in the event that an incorrect Application Reference Identifier is stated in the Request.
2.23.2. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.3. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DCPoint-to-DC Point Connection, and shall issue a desktop study report on the details of the proposed deployment of the DCPoint-to-DC Point Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and
(b) The theoretical signal loss applicable for the proposed fibre route.
2.43.4. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelledreport, and decides to cancel the RL shall be liable for the Request, Cancellation Charges as set out in Annex 32 shall apply.
2.53.5. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Daysemail.
2.63.6. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DCPoint-to-DC Point Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) (including but not limited to OTC for digging or trenching work, where necessary) and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, ) prior to fulfilling the said order.
2.73.7. NLT shall commence the fibre deployment subject to the following conditions:
2.7.13.7.1. The RL agrees to the OTC and other costs indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 3.6 above;
2.7.23.7.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty ten (2010) Business Days of receiving receipt of the Quotation (“Acceptance Period). In the event that the RL fails to formally accept the service activation period within the aforementioned periodsQuotation, failing which, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement2;
2.7.33.7.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre Building or Building NBAP for the deployment of the DCPoint-to-DC Point Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.43.7.4. In the event that NLT is unable to deploy the DCPoint-to-DC Point Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty ten (2010) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periodsDays, failing which, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 32, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 3.7.2 above; and
2.7.53.7.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.83.8. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.9. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after the commencement of the site survey referred to in paragraph 2.6 3.6 of this Annex 1 and before accepting the Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 32.
2.93.10. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after accepting NLT’s Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 32.
2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.
Appears in 1 contract
Samples: Provision of Point to Point Connections for Enterprise Services
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request via email using the form set out in Annex 43. NLT shall communicate the Application Reference Identifiers that are assigned to the respective tenures of the Point-to-Point Connections that are offered under Annex 2 at a later date. Each Request shall indicate the Application Reference Identifier, and NLT shall not be liable for any loss incurred by the RL in the event that an incorrect Application Reference Identifier is stated in the Request.
2.23.2. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.3. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DCPoint-to-DC Point Connection, and shall issue a desktop study report on the details of the proposed deployment of the DCPoint-to-DC Point Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and
(b) The theoretical signal loss applicable for the proposed fibre route.
2.4(c) High-Level Routing Information (hereinafter referred to as the “Routing Information”), where expressly requested by the RL. For the avoidance of doubt, the RL shall submit the request for the Routing Information within one (1) Business Day from the date on which the RL is notified of the acceptance of the Request in accordance with paragraph 3.2 above. An additional non-refundable charge as specified under Annex 2 shall apply in the event that the RL requests for the Routing Information.
3.4. The Routing Information in KMZ format shall be provided to the RL subject to the following conditions:
(a) the RL acknowledges and agrees that the Routing Information shall comprise NLT’s confidential information and shall be accorded the appropriate treatment as set out under Clause 4.1 of this Agreement;
(b) All rights or title to the Intellectual Property subsisting in Routing Information shall vest in and shall be the sole and exclusive property of NLT;
(c) NLT hereby grants the RL a royalty-free and non-exclusive licence to use the Routing Information during the term of this Agreement for purposes which are directly related to the planning of RL’s network;
(d) the RL is strictly prohibited from reproducing the Routing Information in any medium and/or sharing the Routing Information with any third party for any reason whatsoever without NLT’s prior written consent;
(e) The Routing Information provided to the RL shall be correct as of the date of the desktop study referred to in paragraph 3.3 above,and may subsequently be subject to change due to cable diversions and other network maintenance activities carried out after the date of the desktop study. For the avoidance of doubt, NLT shall not have any continuing obligation to provide the RL with updated Routing Information;
(f) NLT makes no guarantee, representation or warranty as to, and shall bear no liability for, the Routing Information including, but not limited to, guarantees, representations and warranties of any kind, implied, express or statutory regarding the truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, freedom from computer virus, non-infringement, suitability, satisfactory quality or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law and NLT expressly disclaims liability for any errors in, or omissions from, the Routing Information; and
(g) NLT shall not have any obligation to supply the RL with Routing Information that serve restricted and/or sensitive locations that include but are not limited to:
(a) Any “protected infrastructure” defined and protected under the Infrastructure Protection Act 2017 (No. 41 of 2017);
(b) Military camps;
(c) Naval Bases;
(d) Research Facilities;
(e) Government Buildings;
(f) Home Team Academy;
(g) New Phoenix Park;
(h) Air Bases;
(i) VVIP dwellings and facilities (e.g. Minister’s home and compound);
(j) Wharf/Ports of entry;
(k) Immigration & Checkpoints Authority (ICA) compound;
(l) NLT’s Central Offices, (hereinafter collectively referred to as the “Restricted Locations”). For the avoidance of doubt, the above list is neither static nor exhaustive, and NLT shall be entitled to reject a Request where NLT deems that the supply of the requested for Routing Information would entail the disclosure of confidential or restricted information relating to highly sensitive physical locations.
3.5. In the event that the RL does not accept the desktop study report within ten (10) Business Days, the Request shall be deemed cancelledreport, and decides to cancel the RL shall be liable for the Request, Cancellation Charges as set out in Annex 32 shall apply.
2.53.6. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Daysemail.
2.63.7. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DCPoint-to-DC Point Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) (including but not limited to OTC for digging or trenching work, where necessary) and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, ) prior to fulfilling the said order.
2.73.8. NLT shall commence the fibre deployment subject to the following conditions:
2.7.13.8.1. The RL agrees to the OTC and other costs indicated in the Quotation proposed by NLT pursuant to paragraph 2.6 3.7 above;
2.7.23.8.2. The RL must provide its acceptance of the service activation period indicated by NLT and the Quotation to NLT within twenty ten (2010) Business Days of receiving receipt of the Quotation (“Acceptance Period). In the event that the RL fails to formally accept the service activation period within the aforementioned periodsQuotation, failing which, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 of the Agreement2;
2.7.33.8.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre Building or Building NBAP for the deployment of the DCPoint-to-DC Point Connection which may include (but are not limited to) the cable trunking leading to the TP location. For the avoidance of doubt, all other costs arising from the DC-to-DC Connection as incurred by NLT (including but not limited to creation of access panel opening or panel, installation of cable tray, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.43.8.4. In the event that NLT is unable to deploy the DCPoint-to-DC Point Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty ten (2010) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periodsDays, failing which, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 32, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 3.8.2 above; and
2.7.53.8.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.83.9. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.10. In the event that the RL cancels the Request for a DCPoint-to-DC Point Connection after the commencement of the site survey referred to in paragraph 2.6 3.7 of this Annex 1 and before accepting the Quotation, the Request for the relevant DCPoint-to-DC Point Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 3.
2.9. In the event that the RL cancels the Request for a DC-to-DC Connection after accepting NLT’s Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 3.
2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.Annex
Appears in 1 contract
Samples: Provision of Point to Point Connections for Mobile Network Deployment
PROCEDURE FOR REQUEST FOR SERVICES. 2.13.1. The RL shall submit each Request via email at XXxxxxxx@xxxxxxxxxx.xxx using the form set out in Annex 4. NLT shall communicate the Application Reference Identifiers that are assigned to the DC Connections that are offered at a later date. Each Request shall indicate the Application Reference Identifier, and NLT shall not be liable for any loss incurred by the RL in the event that an incorrect Application Reference Identifier is stated in the Request.
2.23.2. For the avoidance of doubt, the RL shall not be permitted to submit any self-provide order under this Agreement.
3.3. Within one (1) Business Day of receiving a Request, NLT will notify the RL on whether the Request has been accepted or rejected by NLT. Where the Request has been rejected, NLT shall inform the RL of the reason for the rejection.
2.33.4. Where the Request is accepted by NLT, NLT shall conduct a desktop study to evaluate the feasibility of supplying the DC-to-DC Connection, and shall issue a desktop study report on the details of the proposed deployment of the DC-to-DC Connection, which may include (but is not limited to) the following information:
(a) Distance of the proposed fibre route; and;
(b) The theoretical signal loss applicable for the proposed fibre route.; and
2.4(c) High-level routing information (hereinafter referred to as the “Routing Information”), where expressly requested by the RL. In For the avoidance of doubt, the RL shall submit the request for the Routing Information within one (1) Business Day from the date on which the RL is notified of the acceptance of the Request in accordance with paragraph 3.3 above. An additional non-refundable charge as specified under Annex 3 shall apply in the event that the RL does not accept requests for the desktop study report within ten (10) Business Days, the Request Routing Information.
3.5. The Routing Information in KMZ format shall be deemed cancelled, and provided to the RL shall be liable for the Cancellation Charges as set out in Annex 3.
2.5. In the event that the RL accepts the desktop study report, and decides to proceed with the Request, the RL shall notify NLT of its acceptance via email within ten (10) Business Days.
2.6. Subject to the RL’s acceptance of the desktop study report and any charges to be imposed by NLT on the RL on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for each DC-to-DC Connection. NLT shall thereafter provide a quotation of any applicable one-time Installation Charge (“OTC”) and of any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to deploy specialised equipment (“Quotation”), as well as the estimated service activation period for each DC-to-DC Connection, prior to fulfilling the said order.
2.7. NLT shall commence the fibre deployment subject to the following conditions:
2.7.1. The (a) the RL acknowledges and agrees that the Routing Information shall comprise NLT’s confidential information and shall be accorded the appropriate treatment as set out under Clause 4.1 of this Agreement;
(b) All rights or title to the OTC Intellectual Property subsisting in Routing Information shall vest in and other costs indicated in shall be the Quotation proposed by NLT pursuant to paragraph 2.6 abovesole and exclusive property of NLT;
2.7.2. The (c) NLT hereby grants the RL must provide its acceptance a royalty-free and non-exclusive licence to use the Routing Information during the term of this Agreement for purposes which are directly related to the planning of RL’s network, and to the disclosure of the service activation period indicated by NLT and high level fibre routing of a DC Connection to the Quotation to NLT within twenty relevant Direct End-User;
(20d) Business Days of receiving the Quotation (“Acceptance Period). In the event that the RL fails is strictly prohibited from reproducing the Routing Information in any medium and/or sharing the Routing Information with any third party for any reason whatsoever without NLT’s prior written consent;
(e) The Routing Information provided to formally accept the service activation period within the aforementioned periods, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 3 correct as of the Agreement;
2.7.3. The RL shall assist NLT by providing access to the necessary existing facilities within the relevant Data Centre or Building for the deployment date of the DC-to-DC Connection which desktop study referred to in paragraph 3.4 above, and may include (but are not limited to) subsequently be subject to change due to cable diversions and other network maintenance activities carried out after the cable trunking leading to date of the TP locationdesktop study. For the avoidance of doubt, all other costs arising from NLT shall not have any continuing obligation to provide the DC-RL with updated Routing Information;
(f) NLT makes no guarantee, representation or warranty as to-DC Connection as incurred by NLT (including , and shall bear no liability for, the Routing Information including, but not limited to creation to, guarantees, representations and warranties of access panel opening any kind, implied, express or panelstatutory regarding the truth, installation adequacy, originality, accuracy, timeliness, completeness, reasonableness, freedom from computer virus, non-infringement, suitability, satisfactory quality or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of cable traylaw and NLT expressly disclaims liability for any errors in, other relevant work and security escort services) shall be separately chargeable by NLT and paid for by the RL;
2.7.4. In the event that NLT is unable to deploy the DC-to-DC Connection using existing facilities, NLT shall revise the Quotation to include NLT’s charges for building new facilities, which shall be calculated on a Cost-Oriented Basis, and the revised Quotation shall be submitted for the RL’s approval. The RL must provide its acceptance of the revised Quotation within twenty (20) Business Days of receiving the revised Quotation. In the event that the RL fails to formally accept the revised Quotation within the aforementioned periodsor omissions from, the Request shall be deemed cancelled and the RL shall be liable to pay the Cancellation Charges stipulated in Annex 3, and all costs that NLT has already incurred under the original Quotation accepted by the RL under paragraph 2.7.2 aboveRouting Information; and
2.7.5. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary.
2.8. In the event that the RL cancels the Request for a DC-to-DC Connection after the commencement of the site survey referred to in paragraph 2.6 of this Annex 1 and before accepting the Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) set out in Annex 3.
2.9. In the event that the RL cancels the Request for a DC-to-DC Connection after accepting NLT’s Quotation, the Request for the relevant DC-to-DC Connection will be deemed to have been cancelled and the RL shall be liable for the Cancellation Charge(s) stipulated in Annex 3.
2.10. In the event that NLT performs fibre diversion or re-routing, NLT shall take all reasonable measures to ensure that the signal loss difference does not exceed 3dB, provided always that any failure to comply with this clause shall not be a breach of this Agreement in the event that the excessive signal loss is caused by circumstances beyond the reasonable control of NLT, including but not limited to the issuance of instructions from Government Agencies to follow a specific route for the fibre diversion.
Appears in 1 contract
Samples: Customised Agreement for Provision of Dc Connections for Enterprise Services
