Common use of Supply of Services Clause in Contracts

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b), a counterparty) for the supply or use of a Service, or a service which incorporates a Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates a Service, contains terms equivalent to those required by clause 10.2(a), as if the Reseller was a counterparty. (c) The Service Provider will procure, on behalf of the LFC, that each End User receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may elect not to procure that an End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User.

Supply of Services. (a) The Service Provider Supplier will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b), a counterparty) for supply the supply or use of a Service, or a service which incorporates a Service, contains terms with the effect that: (i) the counterparty consents Services to the Service Provider sharing information about that counterparty with Client at the LFC, Delivery Address subject to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service terms and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability conditions of the LFC is excludedAgreement. Unless otherwise agreed, it shall be the Client's responsibility to arrange at its own expense for distribution of the maximum extent permitted by lawServices to any authorised additional site within the Territory as set forth in the Order Form. (b) The Service Provider will ensure Supplier may recommend Equipment or minimum bandwidth to the Client from time to time. The Client acknowledges that its contract with the counterparty requires the counterparty failure to ensure that each contract it has with a Reseller for the supply or use of a Serviceact on such recommendation may result in delays in delivery, or a service which incorporates a Serviceloss, contains terms equivalent to those required by clause 10.2(a), as if the Reseller was a counterpartyof data. (c) The Service Provider will procureUnless otherwise set forth in an Order Form, on behalf the Client shall not use any part of the LFCData in conjunction with any third party application, system or model where such application, system or model already utilizes the Supplier’s Data, and such Data is provided to the Client from a third party that each End User receives and agrees to be bound by it from the LFC (End User) Terms, provided that the Service Provider may elect not to procure that Supplier or an End User agrees to be bound by the LFC (End User) Terms in any Affiliate of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that serviceSupplier. (d) The LFC acknowledges Subject to applicable Third-party Provider rules and agrees payment of any applicable Third-party Provider fees, the Client may, for no additional consideration, make the Data available to potential Customers for a period of not more than thirty (30) days to permit potential Customers to evaluate the Data and the Approved Redistribution Product; provided, however, that prior to making the Data available to any potential Customer, the potential Customer must enter into a nondisclosure or similar agreement with the Client which (a) protects the Supplier and the Third-party Providers to substantially the same degree as the General Terms and Conditions and the Customer Agreement, and which restricts the potential Customer’s use of the Data to internal evaluation for purposes of determining whether the potential Customer desires to enter into agreements with the Client for ongoing access to the Data via the Approved Redistribution Product; (b) contains a covenant on the part of the potential Customer to the effect that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to Data shall not be bound used by the LFC potential Customer for commercial gain; and (End Userc) Terms will be discharged if provides that neither the Service Provider procures that the End User: Supplier nor any of its suppliers and their respective affiliates and Third-party Providers shall (i) receives have any liability for errors, omissions, malfunctions or faults in the LFC (End User) Terms (which Data delivered via the LFC acknowledges may be done by providing the End User with a physical copy of the terms Approved Redistribution Product or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees be liable for any loss, cost, damage, injury or expense which any potential Customer sustains or suffers, directly or indirectly, arising from or relating to be bound by its use of the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End UserData and/or Approved Redistribution Product. (e) In the case of an Exempted End User notified The Client shall provide to the LFC Supplier such IDs, passwords, login or sign-on credentials as may be necessary to enable the Supplier to access the Data via the Approved Redistribution Product. Such access shall be provided without charge for the duration of the applicable Order Form (including all renewals thereof) and shall be used only by authorized employees of the Supplier for purposes of ensuring the integrity of the Data, to diagnose and evaluate the manner in accordance which the Data is distributed over the Approved Redistribution Product, to confirm that the presentation of the Data is in compliance with sub-clause (g) belowthe terms of the Agreement, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End Userand for testing and troubleshooting purposes.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b)this clause 10.2, a counterparty) for the supply or use of a Wholesale Service, or a service which incorporates dependent on a Wholesale Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates dependent on a Service, contains terms equivalent to those required by clause 10.2(a10.1(a), as if the Reseller was a counterparty. (c) The If the Service Provider includes in any contract with an End User terms that limit or exclude the liability of the Service Provider or any other person in connection with the provision of services, then the Service Provider will procure, on behalf of ensure that the LFC, that each End User receives its contractors and agrees to be bound by agents receive the benefit of a substantially similar limit or exclusion in connection with the construction, installation, inspection, maintenance, replacement or removal of LFC (End User) Terms, provided that the Equipment. (d) The Service Provider may elect not to will procure that an each End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User a manner which is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing enforceable directly against the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b), a counterparty) for the supply or use of a Service, or a service which incorporates a Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates a Service, contains terms equivalent to those required by clause 10.2(a), as if the Reseller was a counterparty. (c) The Service Provider will procure, on behalf of the LFC, that each End User receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may elect not to procure that an End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause subclause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider it has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User. (f) The Service Provider’s liability to the LFC for any failure by it to procure that an End User agrees to be bound by the LFC (End User) Terms under clause 10.2(c) (but not any liability arising under clause 10.2(g) and clause 12.3(c)(i)) will cease at the earlier of: (i) the point in time that the Service Provider discharges its obligations under 10.2(d) above; (ii) the point in time that the LFC itself obtains written confirmation from the End User that the End User is bound by the LFC (End User) Terms. The LFC will (upon request) confirm to the Service Provider whether it has obtained such written confirmation, provided that the Service Provider may only make such a request within 3 months after the Service Start date. ; or (iii) the point in time that Chorus commences installation at an End User Premises. (g) In the case of an Exempted End User the Service Provider agrees to notify the LFC of its election not to procure that the relevant End User agrees to be bound by the LFC (End User) Terms together with name and location details of the Exempted End User and its End User Premises or NBAP (as applicable) either within the relevant Service Request (if possible) or by such other method as may be agreed between the Service Provider and the LFC (each acting reasonably). (h) If the Service Provider or a Reseller procures that an End User agrees to be bound by the LFC (End User) Terms then the LFC acknowledges and agrees that the LFC has prepared the LFC (End User) Terms and, accordingly, the LFC (and not the Service Provider and not the Reseller) is responsible for the content of the LFC (End User) Terms (including whether rights and obligations of the kind included in the LFC (End User) Terms are legally enforceable). (i) Sub-clauses (c) to (h) inclusive relate only to LFC (End User) Equipment and do not limit anything in this Agreement that relates more generally to the LFC Network or the LFC (Service Provider) Equipment. (j) If the Service Provider includes in any contract with an Exempted End User terms that limit or exclude the liability of the Service Provider or any other person in connection with the provision of telecommunications services that rely in whole or in part on a Service, then the Service Provider will ensure that the LFC, its contractors and agents receive the benefit of a substantially similar limit or exclusion in connection with the construction, installation, inspection, maintenance, replacement or removal of LFC (End User) Equipment. Where the customer of the Service Provider is a Reseller, the Service Provider must procure that the Reseller complies with the requirements under this clause 10.2(j), as if references to “Service Provider” were to “Reseller”.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b), a counterparty) for the supply or use of a Service, or a service which incorporates a Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates a Service, contains terms equivalent to those required by clause 10.2(a), as if the Reseller was a counterparty. (c) The Service Provider will procure, on behalf of the LFC, that each End User receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may elect not to procure that an End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of exampleexample only) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only make such a request within 3 three (3) months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b), a counterparty) for the supply or use of a Service, or a service which incorporates a Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates a Service, contains terms equivalent to those required by clause 10.2(a), as if the Reseller was a counterparty. (c) The Service Provider will procure, on behalf of the LFC, that each End User receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may elect not to procure that an End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-sub- clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider it has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b)this clause 10.2, a counterparty) for the supply or use of a Wholesale Service, or a service which incorporates dependent on a Wholesale Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates dependent on a Service, contains terms equivalent to those required by clause 10.2(a10.1(a), as if the Reseller was a counterparty. (c) The If the Service Provider includes in any contract with an End User terms that limit or exclude the liability of the Service Provider or any other person in connection with the provision of services, then the Service Provider will procure, on behalf of ensure that the LFC, that each End User receives its contractors and agrees to be bound by agents receive the benefit of a substantially similar limit or exclusion in connection with the construction, installation, inspection, maintenance, replacement or removal of LFC (End User) Terms, provided that the Equipment. (d) The Service Provider may elect not to will procure that an each End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User a manner which is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing enforceable directly against the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b), a counterparty) for the supply or use of a Service, or a service which incorporates a Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; and (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates a Service, contains terms equivalent to those required by clause 10.2(a), as if the Reseller was a counterparty. (c) The Service Provider will procure, on behalf of the LFC, that each End User receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may elect not to procure that an End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User is a large business customer of the Service theService Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-sub- clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of exampleexample only) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing theforegoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only mayonly make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failedbutfailed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect withrespect to the Exempted End User.

Supply of Services. (a) The Service Provider will ensure that each contract it has with a Reseller (in clauses 10.2(a) and (b)this clause 10.2, a counterparty) for the supply or use of a Wholesale Service, or a service which incorporates dependent on a Wholesale Service, contains terms with the effect that: (i) the counterparty consents to the Service Provider sharing information about that counterparty with the LFC, to the extent necessary for the LFC to provide the Services; (ii) the counterparty will not damage or tamper with any device provided by the LFC for the delivery of that service and will follow the Service Provider’s instructions in relation to all such devices; (iii) the LFC does not confer any right or benefit on the counterparty; andand Chorus UFB Services Agreement (iv) all liability of the LFC is excluded, to the maximum extent permitted by law. (b) The Service Provider will ensure that its contract with the counterparty requires the counterparty to ensure that each contract it has with a Reseller for the supply or use of a Service, or a service which incorporates dependent on a Service, contains terms equivalent to those required by clause 10.2(a10.1(a), as if the Reseller was a counterparty. (c) The If the Service Provider includes in any contract with an End User terms that limit or exclude the liability of the Service Provider or any other person in connection with the provision of services, then the Service Provider will procure, on behalf of ensure that the LFC, that each End User receives its contractors and agrees to be bound by agents receive the benefit of a substantially similar limit or exclusion in connection with the construction, installation, inspection, maintenance, replacement or removal of LFC (End User) Terms, provided that the Equipment. (d) The Service Provider may elect not to will procure that an each End User agrees to be bound by the LFC (End User) Terms in any of the following circumstances: (i) where the Service Provider determines (acting reasonably) that an End User a manner which is a large business customer of the Service Provider; and (ii) where the customer of the Service Provider is a Reseller, in which case the Service Provider must procure that the Reseller will procure that each End User who receives a service which incorporates a Service receives and agrees to be bound by the LFC (End User) Terms, provided that the Service Provider may grant the Reseller an exception which has the same substance to sub-clause (i) above, in which case the Service Provider will issue the LFC with a notice of such election in accordance with sub-clause (g) below. This sub-clause (c) is not intended to apply where the receipt of a service which incorporates a Service by an End User does not include or involve the provision, location or use of LFC (End User) Equipment on the relevant End User Premises or NBAP as part of that service. (d) The LFC acknowledges and agrees that the Service Provider’s obligation under clause 10.2(c) to procure that an End User agrees to be bound by the LFC (End User) Terms will be discharged if the Service Provider procures that the End User: (i) receives the LFC (End User) Terms (which the LFC acknowledges may be done by providing enforceable directly against the End User with a physical copy of the terms or by disclosing the terms verbally over the phone or by other electronic means, including (by way of example) providing a link to where the terms are available online or issuing the End User with an email attaching a copy of the terms); and (ii) clearly agrees to be bound by the LFC (End User) Terms (which the LFC acknowledges may be done in writing, verbally or by some other means, including completion of an online confirmation or tick box), in each case, before the date on which the LFC is scheduled to carry out installation of relevant LFC (End User) Equipment or, if no installation work is required, the planned Service Start Date with respect to that Service. Without prejudice to the foregoing or sub-clause (f) below, the Service Provider will (upon request) provide the LFC with evidence, to the LFC’s reasonable satisfaction, that the Service Provider has complied with the above requirements, provided that the LFC may only make such a request within 3 months after the Service Start Date and after it has used reasonable endeavours (but failed) to sign up LFC (End User) Terms directly with the relevant End User. (e) In the case of an Exempted End User notified to the LFC in accordance with sub-clause (g) below, the LFC will not seek to bind that Exempted End User to LFC (End User) Terms at any point while the relevant Service/s are being provided with respect to the Exempted End User.