Memorandum of Understanding
between
TELEKOM SLOVENIJA (TS)
and
NORDISKA TELE8 AB (TELE8)
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This Memorandum of Understanding, made and entered into the ------ day of
------------- 1996 by and between TELEKOM SLOVENIJA p.o., a corporation
organised and existing under the laws of Republic of Slovenija and having its
principal office at Xxxxxxxxxx 00, 0000 Xxxxxxxxx, Xxxxxxxx of Slovenia
(hereinafter referred to as TS, which expression shall include its successors)
and XXXXXXXX XXXX0 XX, a corporation organised and existing under the laws of
Sweden, and having its principal office at Xxxxxxxxxxx 0, XX Xxx 00, X-00000
Xxxxx, Xxxxxx (hereinafter referred to as TELE8, which expression shall
include its successors).
WHEREAS TELEKOM SLOVENIJA p.o. is a telecommunications carrier duly authorised
to provide international telecommunications services to customers in Republic
of Slovenia, and
WHEREAS TELE8 is a telecommunications carrier duly authorised to provide
international telecommunications services to customers in Sweden, and
WHEREAS the Parties jointly desire to furnish telecommunications services
between Republic of Slovenia and Sweden.
Therefore, the Parties hereto agree with each other as follows:
1. The details of the Telecommunications Services provided thereunder
shall be mutually agreed from time to time and shall be set out in the
form of Annexes to this MOU.
2. The routes to be used to provide the Telecommunications Services shall
be cable and/or satellite as may be agreed between the Parties from time
to time.
3. Each Party shall be responsible for providing, at its own expense, the
facilities located within its operating territory and relevant share of
the telecommunications facilities located outside of the respective
operating territories of the Parties used in the provision of
Telecommunications Services.
4. Technical standards and methods of operation to be applied and used by
the Parties in the provision of Telecommunications Services shall be
agreed by the Parties from time to time and shall normally conform to
the relevant recommendations of the ITU-T.
5. Neither Party shall be liable to the other or its subscribers or to
third Parties for any loss or damage sustained by the other, its
interconnecting carrier or its end users, by reason of any failure in or
breakdown of the communication facilities associated with the circuits
used in providing the Services under this MOU or for any interruption or
degradation of service, whatsoever, shall be the cause of such failure,
breakdown, interruption or degradation and however long it shall last.
6. Neither Party shall transfer or assign its rights or obligations under
this MOU without the prior written consent of the other Party, and such
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consent shall not be unreasonably withheld.
7. Each Party agrees that all data, of any nature, provided to the other
Party shall be treated as fully confidential and the property of the
other Party unless the originating Party has identified the data as
being non-confidential and shall be used solely for the purpose for
which it is supplied.
8. English shall be the official language used by the business, technical
and operating personnel for establishment and provision of the Services.
9. Any communications by either Party to the other shall be sufficiently
made in writing and delivered by messenger or if sent by registered or
certified post, or by facsimile, original then following by post to the
address hereinafter specified and shall be deemed to have been made to
the other Party on the day on which such communications were delivered
or first received in the case of a facsimile transmission.
10. The performance of these undertakings is subject to such governmental ap
provals as may be required by each Party.
11. This MOU shall continue from the date of signature of both Parties and
until terminated by not less than 6 months' prior written notice given
by either Party to the other. This MOU may be terminated unilaterally
by a Party with the notice of 15 days if one Party breaches any
provisions of this MOU or to the MOU attached Annexes and such breach
remains uncorrected for a period of 30 days, after a request to correct
such breach has been made by the other Party.
12. All disputes arising in connection with this Agreement which cannot be
settled to the mutual satisfaction of both Parties shall be referred to
and settled finally according to the regulations of Arbitration Court
of the International Chamber of Commerce in Vienna; applicable law:
Austrian. Proceeding of the arbitration shall be governed according to
UNCITRAL Rules. All proceedings shall be conducted in English in
presence of at least three (3) arbitrators.
Signed on behalf of Signed on behalf of
TELEKOM SLOVENIJA, x.x. XXXXXXXX XXXX0 XX
/s/ Xxxxx Xxxxx
---------------------------- --------------------------
Xxxxx Xxxxx
Director General
Date: October 30, 1996 Date:November 8, 1996
