Operating Agreement
between
DEUTSCHE TELEKOM AG
and
TELE 8 SWEDEN
This agreement is an operating agreement signed by Deutsche Telekom AG and
Tele 8 SWEDEN and refers to more specific matters to the joint provision of
international PSTN/ISDN service between Deutsche Telekom AG and TELE 8 SWEDEN.
The partners agree on the following principles:
1. The service to be furnished shall be international PSTN/ISDN services,
as
set forth in annex 1 hereto, on a direct basis, between points in
Germany
and points in TELE 8 SWEDEN.
2. Each party shall have the responsibility of providing the respective
half-circuit portion of the international circuit and the necessary
facilities for the implementation of the Service within its operating
territory.
3. The accounting rate between the parties shall be set forth in annex 1.
The method of accounting between the parties shall be determined, and
may
be varied, from time to time by agreement between the parties.
4. Proportionate return of traffic shall be practiced by the parties in the
manner set forth in annex 1 hereto.
5. The technical standards and methods of operation for the Service shall
be
agreed upon by the parties and shall conform to the provisions of the
relevant Recommendations of the International Telegraph and Telephone
Consultative Committee (CCITT).
6. In the event of interruption to the Service, caused by technical or
operational failure, the parties shall make all reasonable endeavors
to resume the normal operation of the Service with the least
practicable delay.
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7. This Agreement shall become effective on the date of signature, and
shall continue in effect unless and until terminated by either party
giving to the other not less than six months written notice of
termination; provided, however, that within the first year, either party
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may terminate the agreement if major problems resulting in operational
incompatibility cannot be resolved in a reasonable time period.
8. The schedules and annexes to this Agreement form part of the Agreement
and any clause which contains a reference to a schedule or annex shall
be read as if the schedule or annex were set out at length in the body
of the clause itself.
9. Neither party shall transfer or assign its rights or obligations under
this Agreement without the prior written consent of the other party,
which consent shall not be unreasonably withheld, provided however that
either party may assign its rights and obligations under this Agreement
to its subsidiaries, to its parent company or subsidiaries of the
parent with prior notification to the other party. No such assignment
shall relieve the assigning party of its obligations hereunder.
DEUTSCHE TELEKOM AG TELE 8 SWEDEN
By: By:
-------------------------- ---------------------------
Name: Name:
------------------------ ---------------------------
Position: Position:
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3
ANNEX 1
Arrangements for International PSTN/ISDN Service
------------------------------------------------
TELECOMMUNICATIONS SERVICE: INTERNATIONAL PSTN/ISDN
-------------------------- SERVICEbetween Germany and
TELE8 SWEDEN
This annex is attached to and incorporated into the International
Telecommunications Services Agreement made between Deutsche Telekom AG and
TELE 8 SWEDEN on----------------- 1996.
1. Type of Service
---------------
a) International Direct Dialing (IDD)
b) ISDN
c) The establishment of other services is subject to future
agreements.
2. Establishment of Service
------------------------
a) The parties will work to select and establish the international
facilities as soon as possible. Initially, the parties will
establish 1 x 2 Mbit/s terminated in Frankfurt. Depending on the
traffic development a second 2 Mbit/s Block will be established
in the phase of return traffic establishment. The number of
circuits should be revised from time to time to ensure
satisfactory grade of service.
b) After the facilities have been selected, testing of the signaling
will commence using CCITT No.7 ISUP-Q 767.
c) After successful completion of the testing of signaling on the
circuits, one way traffic, in the direction of TELE 8 SWEDEN
to Germany, shall commence. Initially, the level of traffic
shall be no more than is necessary to assure the proper
functioning of the systems.
d) After the proper functioning of the systems has been
accomplished, TELE 8 SWEDEN shall increase the level of traffic
it sends to Deutsche Telekom AG on a direct basis.
e) At the end of the One Way Term (2-3 months), Deutsche Telekom AG
shall commence sending traffic from Germany to TELE 8 SWEDEN
("Two Way Traffic") in accordance with the principle of
proportional return.
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3. Accounting Rates
----------------
a) Procedures of establishment and settlement of international
accounting shall be in line with appropriate ITU Regulations and
CCITT Recommendations except as the parties may agree and
stipulate otherwise in this annex.
b) For terminal traffic, accounts and settlement balances shall be
expressed in SDRs.
c) The accounting rate to be applied between Deutsche Telecom AG
and TELE 8 SWEDEN shall be .........0,15 SDR......... per minute
divided evenly. (0,075/0,075)
d) The accounting rate may be amended from time to time by agreement
between the parties.
4. International Switching Center
DeutscheTelekom AG: Frankfurt/M. (Dusseldorf/Hamburg)
TELE 8 SWEDEN: Malmo
The above International Switching Centers may be changed to others or
other International Switching Centers may be added to supplement as
operationally required.
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By: By:
-------------------------- ---------------------------
Name: Name:
------------------------ ---------------------------
Position: Position:
-------------------- -------------------------
5
Operating Agreement
between
DEUTSCHE TELEKOM AG
and
TELE 8 SWEDEN
The parties agree on the following:
1 In consideration of the additional one-time costs incurred by
Deutsche Telekom AG as a result of establishing additional circuits for
proportionate return traffic, TELE 8 SWEDEN shall pay Deutsche Telekom
AG the sum of 196 262,- DM.
2. The payment of the additional costs is foreseen by banktransfer and in
two shares:
- the first share becomes due six month after opening the traffic
relation
- the second share after further 12 month.
3. Business opportunities concerning transit arrangements will be
addressed in a supplemental agreement.
XXXXXXXX XXXXXXX XX XXXX 0 XXXXXX
By: By:
-------------------------- ---------------------------
Name: Name:
------------------------ ---------------------------
Position: Position:
-------------------- -------------------------