OPERATING AGREEMENT
BETWEEN
NORDISKA TELE8 AB
AND
EESTI TELEFON
FOR
INTERNATIONAL TELECOMMUNICATIONS SERVICES
THIS AGREEMENT, made and entered into this 12th day of August 1996,
between Nordiska Tele8 AB, a corporation organised and existing under the law
of Sweden and having its principal office at Xxxxxxxxxxx 0, XX Xxx 00, X-000
00 Xxxxx, Xxxxxx (hereinafter referred to as "Tele8" which expression shall
include its successors), and Eesti Telefon, a corporation organised and
existing under the laws of Estonia and having its principal office at
Xxxxxxxxxxx xxx. 00, XX0000 Xxxxxxx, Xxxxxxx (hereinafter referred to as
"Eesti Telefon" which expression shall include its successors),
WITNESSETH:
WHEREAS, Tele8 is providing international telecommunications service from, to
and via Sweden, and
WHEREAS, Eesti Telefon is providing international telephone services from, to
and via Estonia, and
WHEREAS, Tele8 and Eesti Telefon propose to provide jointly international
telephone services between Sweden and Estonia and points beyond by means of
communications circuit facilities, and
WHEREAS, it is now desired to define the terms and conditions by which such
services will be provided
NOW, THEREFORE, Tele8 and Eesti Telefon, in consideration of the mutual
covenants herein expressed, covenant and agree with each other as follows:
1. The services to be furnished hereunder shall be international telephone
service between Sweden and Estonia and points beyond and special value added
telephony services as mutually agreed.
2. Tele8 and Eesti Telefon will operate such number and type of circuits
between Sweden and Estonia by means of the satellite, cable and radiolink
facilities as may be agreed upon from time to time. Annex A will describe
conditions for return traffic between the Parties.
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3. Until otherwise agreed in Annex A between Tele8 and Eesti Telefon,
Tele8 will cascade account via a transit provider.
4. Tele8 and Eesti Telefon shall each have the responsibility of
providing, at its expense, the respective portion of circuits referred to in
paragraph 2 hereof.
5. Tele8 and Eesti Telefon shall each, at its expense, provide the
necessary equipment at the respective gateway exchanges and the national
extension facilities.
6. Each Party shall establish its collection charges for the services
furnished hereunder.
7. The technical standards and methods of operation for the services to be
furnished hereunder shall be agreed upon by Tele8 and Eesti Telefon and shall
to the greatest possible extent conform to the provisions of the relevant
recommendations of the International Telecommunications Union (ITU).
8. In the event of interruption of the services furnished hereunder, the
Parties shall resume the normal working of the service with the least possible
delay.
9. Neither Party shall be liable to the other Party for any loss or damage
sustained by reason of any failure in or breakdown of the communications
systems or facilities herein provided for or for any interruption of the
services, whatsoever shall be the cause of such failure, breakdown or
interruption and however long it shall last.
10. The performance of this agreement is contingent upon the obtaining of
such governmental approvals as may be required by each Party. The Parties
hereto shall use their best efforts to obtain and continue such approvals.
11. This agreement shall not be assigned or transferred by either Party
hereto without written consent of the other Party.
12. This agreement and any of the provisions thereof may be altered or
added to by any other agreement in writing signed by a duly authorised person
on behalf of each Party.
13. This agreement shall become effective on the day and year first above
written and shall continue in effect for an initial period of two years, and
thereafter it shall continue in effect from year to year unless and until
terminated by either Party giving to the other not less than six months'
notice in writing of termination at the end of the initial period of two years
or any subsequent year.
14. Any dispute which might occur in connection with this agreement shall
finally be settled by arbitration according to Swedish law by the arbitration
law. The place of proceedings shall be Stockholm, and the proceedings shall
be conducted in the English language. The award shall be final and binding
upon the Parties.
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15. For all purposes under this agreement, the addresses of the Parties
shall be as follows:
Nordiska Tele8 AB
Xxxxxxxxxxx 0
Xx Xxx 00
X-000 00 Xxxxx
Xxxxxx
Eesti Telefon
Xxxxxxxxxxx xxx. x0
XX 0000 Xxxxxxx
Xxxxxxx
IN WITNESS WHEREOF, the Parties have respectively executed this agreement
as of the day and year first above written.
Eesti Telefon Nordiska Tele8 AB
BY: BY:
-------------------------- -----------------------
NAME: NAME: Xxxxxx Xxxxxxxx
TITLE: TITLE: President
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ANNEX A
to
"Operating Agreement between Nordiska Tele8 AB and
Eesti Telefon for International Telecommunications Services"
1. The accounting rates and division of revenue derived from the service,
as well as transit service between Tele8 and Eesti Telefon provided by the
Parties shall be according to ITU Rec.D.300R and/or D.305R. settlement of
account according to International Telecommunication Regulations (Melbourne
1998), or as the Parties may otherwise agree from time to time and incorporate
in this agreement.
2. At present the terminal shares are:
* 0,151 SDR/min to Eesti Telefon
* 0,151 SDR/min to Tele8
3. Return traffic:
to be negotiated later
Eesti Telefon Nordiska Tele8 AB
BY: BY:
-------------------------- -----------------------
NAME: NAME: Xxxxxx Xxxxxxxx
TITLE: TITLE: President
