Common use of Service Level Guarantees Clause in Contracts

Service Level Guarantees. 4.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.1. NLT shall offer a service level availability of 99.99% per month for each Point-to-Point Connection; and 4.1.2. NLT shall restore any fault within a standard recovery time of six (6) hours. 4.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected Point-to-Point Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 of this Agreement. 4.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 of this Agreement. 4.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licensee: is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RL’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RL’s claim. 4.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee and are non-transferable. 4.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the Point-to-Point Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the Point-to-Point Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the Connection shall always be excluded. Provided that in the event that the RL maintains the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the Point-to-Point Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (g) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (h) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (i) where the RL or MCST (of the development where the Point-to-Point Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.8. The estimated period required by NLT to provision a Point-to-Point Connection using the existing NLT infrastructure is 1 calendar month, and approximately 3 calendar months are required to provision a Point-to-Point Connection where there is no existing NLT infrastructure. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each Point-to-Point Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a Point-to-Point Connection provided by NLT under this Agreement. 4.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 are clearly distinguished from the RL’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RL’s failure to comply with this paragraph. 4.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 and 4.3 of this Annex 1, and the rules described Annex 4, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) months from the date of such notification, subject to any direction by XXXX.

Appears in 4 contracts

Samples: Provision of Point to Point Connections for Enterprise Services, Provision of Point to Point Connections for Enterprise Services, Provision of Point to Point Connections for Mobile Network Deployment

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Service Level Guarantees. 4.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.1. NLT shall offer a service level availability of 99.99% per month for each Point-to-Point Connection; and 4.1.2. NLT shall restore any fault within a standard recovery time of six (6) hours. 4.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected Point-to-Point Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 6 of this Agreement. An illustration of the calculation method is set out in Annex 8. 4.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RLRL for each affected Connection that fails to meet the standard recovery time of six (6) hours, and the rebate shall be determined according to the rules set out in Annex 4 6 of this Agreement. An illustration of the calculation method is set out in Annex 8. 4.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licenseethe RL: is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RL’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee RL to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RL’s claim. 4.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee RL and are non-transferable. 4.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the Point-to-Point Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-site- coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the Point-to-Point Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the Connection shall always be excluded. Provided that in the event that the RL maintains the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the Point-to-Point Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (g) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (h) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (i) where the RL or MCST (of the development where the Point-to-Point Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.8. The estimated period required by NLT to provision a Point-to-Point Connection using the existing NLT infrastructure is 1 calendar month, and approximately 3 calendar months are required to provision a Point-to-Point Connection where there is no existing NLT infrastructure. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each Point-to-Point Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a Point-to-Point Connection provided by NLT under this Agreement. 4.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 are clearly distinguished from the RL’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RL’s failure to comply with this paragraph. 4.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 and 4.3 of this Annex 1, and the rules described Annex 4, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) months from the date of such notification, subject to any direction by XXXX.

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

Service Level Guarantees. 4.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.1. NLT shall offer a service level availability of 99.99% per month for each Point-to-Point DC Connection; and 4.1.2. NLT shall endeavour to restore any fault within a standard recovery time of six (6) hours. 4.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected Point-to-Point DC Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting LicenseeEnd User: is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RL’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RL’s claim. 4.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee and are non-transferable. 4.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the Point-to-Point Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the Point-to-Point Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the Connection shall always be excluded. Provided that in the event that the RL maintains the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the Point-to-Point Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (g) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (h) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (i) where the RL or MCST (of the development where the Point-to-Point Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.8. The estimated period required by NLT to provision a Point-to-Point Connection using the existing NLT infrastructure is 1 calendar month, and approximately 3 calendar months are required to provision a Point-to-Point Connection where there is no existing NLT infrastructure. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each Point-to-Point Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a Point-to-Point Connection provided by NLT under this Agreement. 4.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 are clearly distinguished from the RL’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RL’s failure to comply with this paragraph. 4.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 and 4.3 of this Annex 1, and the rules described Annex 4, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) months from the date of such notification, subject to any direction by XXXX.or

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

Service Level Guarantees. 4.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.1. NLT shall offer a service level availability of 99.99% per month for each Point-to-Point Connection; and 4.1.2. NLT shall restore any fault within a standard recovery time of six (6) hours. 4.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected Point-to-Point Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 of this Agreement. 4.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 of this Agreement. 4.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licensee: is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RL’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RL’s claim. 4.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee and are non-transferable. 4.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the Point-to-Point Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the Point-to-Point Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the Connection shall always be excluded. Provided that in the event that the RL maintains the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the Point-to-Point Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (g) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (h) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (i) where the RL or MCST (of the development where the Point-to-Point Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.8. The estimated period required by NLT to provision a Point-to-Point Connection using the existing NLT infrastructure is 1 calendar month, and approximately 3 calendar months are required to provision a Point-to-Point Connection where there is no existing NLT infrastructure. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each Point-to-Point Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a Point-to-Point Connection provided by NLT under this Agreement. 4.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 are clearly distinguished from the RL’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RL’s failure to comply with this paragraph. 4.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 and 4.3 of this Annex 1, and the rules described Annex 4, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) months from the date of such notification, subject to any direction by XXXXIMDA.

Appears in 1 contract

Samples: Provision of Point to Point Connections for Enterprise Services

Service Level Guarantees. 4.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.1. NLT shall offer a service level availability of 99.99% per month for each Point-to-Point DC Connection; and 4.1.2. NLT shall endeavour to restore any fault within a standard recovery time of six (6) hours. 4.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected Point-to-Point DC Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licenseethe RL : is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RLRL ’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee RL to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RLRL ’s claim. 4.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee RL and are non-transferable. 4.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the Point-to-Point DC Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the Point-to-Point DC Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the DC Connection shall always be excluded. Provided that in the event that the RL maintains raises a dispute as to whether NLT has used its best endeavours to obtain or maintain the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the Point-to-Point DC Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) delay in the restoration of the DC Connection caused by RL ’s failure to provide access to the necessary existing facilities within the relevant Building for the deployment of the DC Connection; (g) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (gh) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (hi) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (ij) where the RL or MCST (of the development where the Point-to-Point DC Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.8. The Where a DC Connection serves a DC that falls under Category A on the DC Centre List, the estimated period required by NLT to provision a Point-to-Point that DC Connection using the existing NLT infrastructure is 1 one (1) calendar month, and approximately 3 three (3) calendar months are required to provision a Point-to-Point DC Connection where there is no existing NLT infrastructure. Where a DC Connection serves a DC that falls under category B on the DC Centre List, NLT will work directly with the relevant RL to establish an agreeable timeline. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each Point-to-Point DC Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a Point-to-Point DC Connection provided by NLT under this Agreement. 4.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 are clearly distinguished from the RLRL ’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RLRL ’s failure to comply with this paragraph. 4.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 and 4.3 of this Annex 1, and the rules described Annex 45, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) calendar months from the date of such notification, subject to any direction by XXXX.

Appears in 1 contract

Samples: Customised Agreement for Provision of Dc Connections for Enterprise Services

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Service Level Guarantees. 4.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.1. NLT shall offer a service level availability of 99.99% per month for each Point-to-Point DC Connection; and 4.1.2. NLT shall endeavour to restore any fault within a standard recovery time of six (6) hours. 4.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected Point-to-Point DC Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licenseethe RL : is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RLRL ’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee RL to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RLRL ’s claim. 4.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee RL and are non-transferable. 4.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the Point-to-Point DC Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the Point-to-Point DC Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the DC Connection shall always be excluded. Provided that in the event that the RL maintains raises a dispute as to whether NLT has used its best endeavours to obtain or maintain the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the Point-to-Point DC Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) delay in the restoration of the DC Connection caused by RL ’s failure to provide access to the necessary existing facilities within the relevant Building for the deployment of the DC Connection; (g) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (gh) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (hi) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (ij) where the RL or MCST (of the development where the Point-to-Point DC Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.8. The Where a DC Connection serves a DC that falls under Category A in Annex 2, the estimated period required by NLT to provision a Point-to-Point that DC Connection using the existing NLT infrastructure is 1 one (1) calendar month, and approximately 3 three (3) calendar months are required to provision a Point-to-Point DC Connection where there is no existing NLT infrastructure. Where a DC Connection serves a DC that falls under category B in Annex 2, NLT will work directly with the relevant Direct End- User to establish an agreeable timeline. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each Point-to-Point DC Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a Point-to-Point DC Connection provided by NLT under this Agreement. 4.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 are clearly distinguished from the RLRL ’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RLRL ’s failure to comply with this paragraph. 4.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 and 4.3 of this Annex 1, and the rules described Annex 45, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) calendar months from the date of such notification, subject to any direction by XXXX.

Appears in 1 contract

Samples: Customised Agreement for Provision of Dc Connections for Enterprise Services

Service Level Guarantees. 4.13.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.13.1.1. NLT shall offer a service level availability of 99.99% per month for each PointDC-to-Point DC Connection; and 4.1.23.1.2. NLT shall endeavour to restore any fault within a standard recovery time of six (6) hours. 4.23.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 3.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected PointDC-to-Point DC Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.33.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 3.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.43.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licensee: is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RL’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.53.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.43.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RL’s claim. 4.63.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee and are non-transferable. 4.73.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the PointDC-to-Point DC Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the PointDC-to-Point DC Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the Connection shall always be excluded. Provided that in the event that the RL maintains the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the PointDC-to-Point DC Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) delay in the restoration of the DC-to-DC Connection caused by RL’s failure to provide access to the necessary existing facilities within the relevant Data Centre or Building for the deployment of the DC-to-DC Connection; (g) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (gh) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (hi) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (ij) where the RL or MCST (of the development where the PointDC-to-Point DC Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.83.8. The estimated period required by NLT to provision a PointDC-to-Point DC Connection using the existing NLT infrastructure is 1 one (1) calendar month, and approximately 3 three (3) calendar months are required to provision a PointDC-to-Point DC Connection where there is no existing NLT infrastructure. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each PointDC-to-Point DC Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.93.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a PointDC-to-Point DC Connection provided by NLT under this Agreement. 4.103.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 3.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.113.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 3.4 are clearly distinguished from the RL’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RL’s failure to comply with this paragraph. 4.123.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 3.2 and 4.3 3.3 of this Annex 1, and the rules described Annex 45, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) months from the date of such notification, subject to any direction by XXXXIMDA.

Appears in 1 contract

Samples: Provision of Dc to Dc Connections for Enterprise Services

Service Level Guarantees. 4.13.1. NLT will provide the service level guarantees set out below (collectively the “Service Level Guarantees”): 4.1.13.1.1. NLT shall offer a service level availability of 99.99% per month for each PointDC-to-Point DC Connection; and 4.1.23.1.2. NLT shall endeavour to restore any fault within a standard recovery time of six (6) hours. 4.23.2. If NLT fails to meet the service level availability set out in paragraph 4.1.1 3.1.1 above for a particular month and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall offer to rebate the RL ten per cent (10%) of the Applicable MRC for each affected PointDC-to-Point DC Connection. The calculation of the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.33.3. If NLT fails to meet the standard recovery time set out in paragraph 4.1.2 3.1.2 above and such failure is solely caused by NLT, its contractors and/or suppliers, NLT shall provide a remedy in the form of a rebate to the RL, and the rebate shall be determined according to the rules set out in Annex 4 5 of this Agreement. 4.43.4. A claim by the RL shall be made in writing within thirty (30) Calendar Days of the completion of the relevant calendar month on which the Service Level Guarantees are measured. The amount in respect of any claim shall be paid to the RL in the form of a rebate. The RL acknowledges that a failure to make a claim within the specified timeframes under this paragraph means that the RL waives any entitlement to the relevant rebate. NLT will respond within (30) Calendar Days from the date of claim stating whether the claim by Requesting Licensee: is (a) valid for rebates; or (b) is an invalid claim. Where NLT assessed that the RL’s claim is invalid, NetLink Trust will explain its basis or require the Requesting Licensee to provide additional information. For valid claims submitted within the timeframe, NLT shall provide the rebate in its next invoice. 4.53.5. If the RL is entitled to a rebate pursuant to the claim made under paragraph 4.43.4, NLT shall issue a credit note for the amount of the rebate due to the RL within thirty (30) Calendar Days of the date of the RL’s claim. 4.63.6. The Service Level Guarantees and rebates provided by NLT are of an ex-gratia nature and personal to the Requesting Licensee and are non-transferable. 4.73.7. Notwithstanding anything in this Agreement, the Service Level Guarantees shall not apply in any of the following circumstances: (a) fault due to any equipment, wiring and/or cabling owned or operated by the RL or on behalf of the RL; (b) restoration of the PointDC-to-Point DC Connection where any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting is involved, except where (i) the fault was caused by NLT; and (ii) the RL has not contributed to any delay in setting up the meeting. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken from the start of arranging any site-coordination meeting, fault investigation, Joint Investigation Meeting or fault identification coordination meeting up to the end of the meeting, shall always be excluded; (c) NLT is unable to obtain or maintain any licence or permission necessary to the restoration of the PointDC-to-Point DC Connection despite using its best endeavours to obtain expeditiously or maintain such licence or permission. Notwithstanding the above, in determining whether the Service Level Guarantees have been met by NLT, the time taken by NLT to obtain or maintain any licence or permission necessary to the restoration of the Connection shall always be excluded. Provided that in the event that the RL maintains the licence/permission, NLT will provide evidence that it has used such best endeavours; (d) NLT has difficulty accessing the TP location despite using its best endeavours to expeditiously remedy the access difficulties, provided always that in the event there is a dispute as to whether NLT has used its best endeavours to expeditiously remedy the access difficulties, NLT will provide evidence that it has used such best endeavours; (e) delay in the restoration of the PointDC-to-Point DC Connection caused by events beyond the reasonable control of NLT and its suppliers and contractors; (f) delay in the restoration of the DC-to-DC Connection caused by RL’s failure to provide access to the necessary existing facilities within the relevant Data Centre or Building for the deployment of the DC-to-DC Connection; (g) fault is reported by the RL but no fault is found or confirmed after due and careful investigation, and verification by NLT; (gh) NLT is required to carry out service interruption, and RL has been given prior written notification of the same; (hi) NLT is required to carry out fibre diversion at the request of the Government Agencies, private developers or other relevant parties and the RL has been given prior written notification of the same; and (ij) where the RL or MCST (of the development where the PointDC-to-Point DC Connection is to be provisioned) requires customised arrangements or conditions to be fulfilled before access is granted to NLT, but such exclusion shall only be limited to the time taken for access to be granted to NLT. 4.83.8. The estimated period required by NLT to provision a PointDC-to-Point DC Connection using the existing NLT infrastructure is 1 one (1) calendar month, and approximately 3 three (3) calendar months are required to provision a PointDC-to-Point DC Connection where there is no existing NLT infrastructure. The RL acknowledges and accepts that the aforementioned timelines are purely indicative, and that the actual time required to provision each PointDC-to-Point DC Connection shall depend on the availability of access to the TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant building management or any other party, and any unforeseen circumstances beyond the control of NLT. 4.93.9. Notwithstanding anything in this Agreement, NLT shall not be bound by the aforementioned indicative timelines, and the RL shall not be entitled to make any claims arising out of the failure of NLT to meet the service activation period in relation to any request for a PointDC-to-Point DC Connection provided by NLT under this Agreement. 4.103.10. If duplicate claims for the same failure to meet the Service Level Guarantees are made under paragraph 4.4 3.4 and NLT subsequently issues credit notes for the amount of the rebates claimed, NLT shall notify the RL accordingly within thirty (30) Calendar Days on which the most recent credit note was issued, and shall be entitled to recover from the RL an amount that is equivalent to the duplicate rebates credited to the RL. 4.113.11. The RL shall ensure that claims submitted pursuant to paragraph 4.4 3.4 are clearly distinguished from the RL’s claim for rebates under the Approved ICO. NLT shall not be liable for any discrepancies in the rebate provided to the RL arising from the RL’s failure to comply with this paragraph. 4.123.12. NLT will review the Service Level Guarantees periodically and may revise the Service Level Guarantees, the corresponding rebates set out in paragraphs 4.2 3.2 and 4.3 3.3 of this Annex 1, and the rules described Annex 45, at its discretion following such review, subject to IMDA’s approval. In the event that IMDA approves the aforementioned revision of the Service Level Guarantees and corresponding rebates, NLT shall notify the RL of the revisions in writing and the revisions shall take effect two (2) months from the date of such notification, subject to any direction by XXXX.

Appears in 1 contract

Samples: Customised Agreement

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