Common use of TARIFF AND PAYMENT Clause in Contracts

TARIFF AND PAYMENT. In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s Provider‟s charges shall be calculated by reference to the Service Provider’s Provider‟s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (c) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.seven

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Tariff Model and Appendix C B against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power overall kilobit per second rate of the Service at each Site to fifty Services by twenty five (25) per cent cent; (50%c) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power overall kilobit per second rate of the Service at each site to by a further twenty five per cent (25%) of Output Power per cent, fifty (ERP50) as detailed percent in Appendix A, Table 1. iftotal; (d) If, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever, and without any further notice, reduce the output power overall kilobit per second rate of the Service at each site to fifteen by a further twenty five (25) per cent cent, seventy five (1575) of Output Power percent in total; and (ERP kWe) as detailed in Appendix A, Table 1. ifIf, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. . 5.5 Any reduction of output of the Service by the Service Provider in accordance with Clause 5.4 shall be deemed to be Non-Ranking Events for the purposed of calculating Service Credits. 5.6 If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-re- enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: : (a) then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; ; (b) the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; ; (c) in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; ; (d) the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; ; 5.7 Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the . Any such revisions or amendments shall be subject to review by way of publication on the Service Provider’s websiteComReg.

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Tariff Model and Appendix C B against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power overall kilobit per second rate of the Service at each Site to fifty Services by twenty five (25) per cent cent; (50%c) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power overall kilobit per second rate of the Service at each site to by a further twenty five per cent (25%) of Output Power per cent, fifty (ERP50) as detailed percent in Appendix A, Table 1. iftotal; (d) If, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever, and without any further notice, reduce the output power overall kilobit per second rate of the Service at each site to fifteen by a further twenty five (25) per cent cent, seventy five (1575) of Output Power percent in total; and (ERP kWe) as detailed in Appendix A, Table 1. ifIf, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. . 5.5 Any reduction of output of the Service by the Service Provider in accordance with Clause 5.4 shall be deemed to be Non-Ranking Events for the purposed of calculating Service Credits. 5.6 If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-re- enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: : (a) then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; ; (b) the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; ; (c) in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; ; (d) the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; ; 5.7 Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (c) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (d) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. . (e) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. . 5.5 If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-re- enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: : (a) then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; ; (b) the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; ; (c) in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; ; (d) the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; ; 5.6 Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (c) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.seven

TARIFF AND PAYMENT. ‌ 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (c) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (d) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. . (e) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. . 5.5 If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: : (a) then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; ; (b) the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; ; (c) in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; ; (d) the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; ; 5.6 Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (c) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (d) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. . (e) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. . 5.5 If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: : (a) then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; ; (b) the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; ; (c) in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; ; (d) the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; ; 5.6 Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated quarterly in accordance with the provisions of Tariff Model and Appendix C B against invoices submitted each Quarter Day to the Client. , subject however to Clause 5.7. 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter DaysDate. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power overall kilobit per second rate of the Service at each Site to fifty Services by twenty five (25) per cent cent; (50%c) of Output Power (ERP) as detailed in Appendix A, Table 1. if, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power overall kilobit per second rate of the Service at each site to by a further twenty five per cent (25%) of Output Power per cent, fifty (ERP50) as detailed percent in Appendix A, Table 1. iftotal; (d) If, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company Service Provider may, without any liability to the Client whatsoever, and without any further notice, reduce the output power overall kilobit per second rate of the Service at each site to fifteen by a further twenty five (25) per cent cent, seventy five (1575) of Output Power percent in total; and (ERP kWe) as detailed in Appendix A, Table 1. ifIf, following the issuance of a notice by the Company Service Provider pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.one

TARIFF AND PAYMENT. 5.1 In consideration of the Services being provided by the Service Provider the Client shall pay to the Service Provider the Tariffs calculated in accordance with the provisions of Appendix C against invoices submitted to the Client. . 5.2 The Tariffs will be payable quarterly in advance with effect from the Effective Date and will be invoiced by way of four invoices of equal amount, one issued on each of the Quarter Days. The Tariff is exclusive of Value Added Tax or other similar tax. Any Service Credits payable pursuant to Appendix A shall be deducted quarterly in arrears with effect from the Effective Date. The Parties agree and acknowledge that any Service Credits payable hereunder are liquidated damages and a genuine and reasonable pre-pre- estimate of the loss or damage that would be suffered by the Client in the event that the Service Provider fails to meet the Service Availability Target. . 5.3 If the Client requests in writing that the Service Provider carries out additional work and the Service Provider agrees to perform such work at a cost to be agreed, the Service Provider’s charges shall be calculated by reference to the Service Provider’s reasonable prevailing standard rates of charge. . 5.4 If any sum properly invoiced and payable under this Agreement is not paid by the Client within 30 calendar days of the date of receipt of the invoice, the Service Provider reserves the right to: : (a) charge interest from the due date of payment to the actual date of payment at the annual rate of seven per cent. (7%) above EURIBOR from time to time in force; and/or and/or (b) issue a notice in writing to the Client noting the late payment and advising the Client that if the outstanding sum is not paid within a period of seven (7) days from the date of such notice, the Service Provider may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each Site to fifty per cent (50%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (c) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of seven (7) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, reduce the output power of the Service at each site to twenty five per cent (25%) of Output Power (ERP) as detailed in Appendix A, Table 1. . (d) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of fourteen (14) days from the date of the notice, the Company may, without any liability to the Client whatsoever, and without any further notice, reduce the output power of the Service at each site to fifteen per cent (15) of Output Power (ERP kW) as detailed in Appendix A, Table 1. . (e) if, following the issuance of a notice by the Company pursuant to Clause 5.4(b), due sums remain unpaid after a further period of twenty one (21) days from the date of the notice, the Company may, without any liability to the Client whatsoever and without any further notice, cease immediately to provide the Service and this Agreement shall be terminated with immediate effect. . 5.5 If the cost to the Service Provider of performing its obligations under this Agreement shall change by reason of an obligation being placed on the Service Provider as a result of any amendment, extension, enactment or re-re- enactment of any law after the date of this Agreement or if the Service Provider is required to carry out any further work in order to comply with any change(s) to ComReg requirements, BAI requirements, or any other changes to its legal obligations directly applicable to this Agreement which arise after the date of the Agreement: : (a) then the Service Provider shall, as soon as reasonably practicable after it becomes aware of any such change which might affect the Tariff or which may necessitate a change in the System, or the Roll Out Plan, provide reasonable details of same to the Client; ; (b) the Service Provider shall provide to the Client reasonable information in the possession of the Service Provider in relation to the relevant change and the Client shall have the opportunity to make such observations and representations and raise such objections with any Competent Authority as it thinks fit in this regard and the Service Provider shall provide to the Client the opportunity for the Client to participate in negotiations, consultations, discussions, or any other relevant process in relation to the change; ; (c) in the event that such a change does result in a change to the Tariff, then the amount of any consequent increase or decrease in the Tariffs shall be notified to the Client, together with reasonable documentary evidence of the basis for such change in costs; ; (d) the Client shall meet any increased costs to the Service Provider referred to above and such changes in the Tariff shall be made by way of a corresponding adjustment to the calculation of the Tariffs; ; 5.6 Each year the Service Provider may revise the Tariff and it undertakes to apply any changes to its costs on a fair and equitable basis to the Client. It is expected that revisions in the Tariff shall be in the normal course of events be made by no later than 1st November in each year to take effect the following January. In addition to this revision, the Service Provider shall be entitled to revise its Tariff schedule in the event that exceptional events occur, provided however that any application of charges shall again be on a fair and equitable basis to the Client, and upon prior notification of the revisions by way of publication on the Service Provider’s website.