EXHIBIT 10.54
BILLING AND COLLECTION SERVICES AGREEMENT
This Agreement is made in duplicate this 23 day of July, 1999.
BETWEEN:
Startec Global Communications Company (Canada), a corporation duly
incorporated under the laws of Nova Scotia, having an office at
Suite 800 1959 Xxxxx Xxxxx Xxxxxx, Xxxxxxx, XX X0X 0XX
(hereinafter referred to as "the Alternate Provider of Long Distance
Service" or "the APLDS")
AND:
BC TEL, a corporation duly incorporated under the laws of Canada,
having an office at 0000 Xxxxxxxx, Xxxxxxx, X.X. X0X 0X0
(hereinafter referred to as "BC TEL")
Whereas BC TEL has agreed to provide billing and collection services
for Eligible Calls to Customers who maintain accounts with BC TEL, as
defined within; and
Whereas the APLDS wishes to utilize BC TEL's billing and collection
services;
BC TEL and the APLDS in consideration of the mutual covenants and
promises in this Agreement therefore agree as follows:
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Article 1 DEFINITIONS
1. In this Agreement, these terms will be defined as follows:
a) "Casual Calls" means calls placed on the APLDS's network using
the 101XXXX dialing plan, placed by a caller who is not an
APLDS subscriber.
b) "Collect Calls" means collect calls placed on the APLDS's
network which are billed to a Customer who is not an APLDS
subscriber.
c) "Third Party Calls" means calls placed on the APLDS's network
which are billed to a third party telephone number, where such
third party is not an APLDS subscriber.
d) "900 Service Calls" means calls placed to an APLDS provided
900 number, where the caller is not an APLDS subscriber.
e) "Customer" means an end user who purchases communications
services from the APLDS and who maintains an account with BC
TEL.
f) "Bad Debt" means charges for Eligible Calls which have been
legitimately billed to Customers, but are not paid by the
Customers and which are not disputed by the Customers as
described in BC TEL's billing and collection services
procedures which are provided to the APLDS from time to time.
Bad Debt specifically excludes charges incurred fraudulently.
g) "GST" means applicable Goods and Services Tax.
h) "PST" means applicable Provincial Sales Tax.
i) "Chargeback" means an account receivable which is returned to
the APLDS by BC TEL after it has been included on a Customer's
invoice.
j) "Eligible Calls" means message toll service calls placed on
the APLDS's network as described in Article 2.1.
k) "Recirculated" means held by the APLDS and periodically
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investigated by the APLDS to determine whether the Customer is
a subscriber to the APLDS's services.
l) "Rebilled" means provided to BC TEL for inclusion on a
Customer invoice subsequent to being previously included on a
Customer invoice by BC TEL.
Article 2 SCOPE OF THE AGREEMENT
2.1 Subject to Articles 2.2, 2.3 and 2.4, BC TEL will purchase from the
APLDS and the APLDS will sell, assign, transfer and set over unto BC
TEL all rights, title and interests in and to the accounts receivable
for Eligible Calls accruing to the APLDS. Eligible Calls consist
exclusively of:
a) Casual Calls other than casual calls to Long Distance
Directory Assistance (LDDA),
b) Collect Calls,
c) Third Party Calls,
d) 900 Service Calls, provided that the 900 Service program
associated with such calls meets the then current Program
Content Guidelines specified in Schedule "C" to the Advantage
900 Accounts Receivable Management (ARM) Agreement approved
from time to time by the Canadian Radio-television and
Telecommunications Commission, and
e) Calls placed over the APLDS's network using the '1+' dialing
plan, that appear to be Casual Calls, provided that the calls
have been Recirculated by the APLDS for at least 14 days.
BC TEL will not purchase from the APLDS and the APLDS will not sell,
assign, transfer and set over unto BC TEL the accounts receivable for
any other types of calls.
2.2 BC TEL, at its sole discretion, will not purchase accounts receivable
for the following types of charges, or if such accounts receivable are
purchased, BC TEL may return them or charge them back to the APLDS and
BC TEL shall be entitled to recover the full amount of all payments
made by BC TEL to the APLDS for such accounts receivable, including
taxes, and to retain any charges applied by BC TEL pursuant to Articles
6 and 7 hereof:
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a) For which there are invalid entries in the fields of the
associated call detail records provided by the APLDS, as
defined by the technical specifications of the services which
are provided to the APLDS from time to time by BC TEL,
b) For which the associated call detail records do not pass edits
for validity and consistency or the charge cannot otherwise be
billed to a Customer,
c) Associated with domestic and Canada-USA calls which are more
than 60 days old when first received by BC TEL and Rebilled
calls which are more than 120 days old when received by BC
TEL,
d) Associated with overseas calls which are more than 120 days
old when first received by BC TEL and Rebilled overseas calls
which are more than 180 days old when received by BC TEL,
e) Associated with calls charged to accounts outside of BC TEL's
operating territory, including accounts in independent company
territories,
f) Associated with calls charged to non-existent accounts,
g) Associated with calls for which the charge has been
duplicated,
h) Associated with Third Party Calls or Collect Calls where the
charges for such calls have not been validated by the APLDS
by obtaining the concurrence of the billed party at the time
each such call was made,
i) Associated with calls where the Customer denies knowledge of
the call, requests an adjustment due to dialing error, or any
other conditions as described in the billing and collection
services procedures which are provided to the APLDS from time
to time by BC TEL,
j) Associated with fraudulent or suspected fraudulent calls, and
k) Associated with calls that are Rebilled more than once.
2.3 Notwithstanding anything herein, BC TEL will not purchase and the APLDS
will not sell, assign, transfer or set over the accounts receivable for
900 Service Calls associated with programs that do not comply with the
then current Program Content Guidelines as specified in Schedule "C" to
the Advantage 900 Accounts Receivable Management (ARM) Agreement
approved from time to time by the Canadian Radio-television and
Telecommunications Commission. In the event that the APLDS provides
accounts receivable for 900 Service Calls associated with programs that
do not comply with the Program Content Guidelines, BC
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TEL may return the accounts receivable to the APLDS and recover the
full amount of the charge including taxes and retain any charges
applied by BC TEL pursuant to Articles 6 and 7 hereof and, at its
discretion, terminate the billing of charges for 900 Service Calls
under this Agreement, subject to the procedures for termination
specified in Article 12.
2.4 Title to the accounts receivable which BC TEL purchases and the APLDS
sells, assigns, transfers or sets over pursuant to this Agreement will
be deemed to have passed to BC TEL upon such account receivable's
successful completion of all BC TEL pre-billing edits.
2.5 In the event an account receivable is charged back to the APLDS, title
to such account receivable shall be deemed to have reverted to the
APLDS upon the APLDS's receipt of the Chargeback record applicable to
such account receivable.
2.6 The APLDS will record all necessary billing details, as defined by the
technical specifications of the services which are provided to the
APLDS from time to time by BC TEL, for all Eligible Calls by Customers,
calculate the amounts owing including taxes, and forward a transmittal
invoice to BC TEL. BC TEL will include the relevant charges in
statements distributed to Customers responsible for the payment of the
Eligible Calls.
2.7 The provision of billing and collection services to the APLDS does not
preclude BC TEL from providing billing and collection services or any
other service to any other parties, including any other alternative
providers of long distance service.
Article 3 RIGHTS AND RESPONSIBILITIES OF BC TEL
3.1 BC TEL will make available to the APLDS the following billing and
collection services in accordance with the terms and conditions
contained herein, any applicable provisions of BC TEL's Terms of
Service and tariffs and the technical specifications of the services
which are provided to the APLDS from time to time by BC TEL:
a) Preparation and rendering of bills for charges associated with
Eligible Calls by Customers and which charges have been
purchased by BC TEL.
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b) Collection of payments for charges relating to Eligible Calls
made by Customers of the APLDS, including appropriate taxes
which will be remitted by the APLDS to the appropriate
governments as specified in Article 5.
c) Answering of Customer questions regarding charges billed by BC
TEL for Eligible Calls provided by the APLDS, excluding
questions about the details of the APLDS's services, rates,
rate structures and similar matters.
d) Application of credits and adjustments to Customer accounts,
in accordance with the billing and collection services
procedures which are provided by BC TEL to the APLDS from time
to time.
3.2 Customer billing records which do not pass edits for validity and
consistency will be returned to the APLDS unprocessed and BC TEL will
not purchase such accounts receivable from the APLDS. The edits for
validity and consistency are described in the technical specifications
of the services which are provided to the APLDS from time to time by BC
TEL.
3.3 Accounts receivable for which BC TEL does not collect payment from the
Customer may be returned to the APLDS as provided for in Article 2,
except as provided for in Article 3.4. For these Chargebacks, BC TEL
will return to the APLDS such call detail information as is provided
for in the technical specifications of the services which are provided
to the APLDS from time to time by BC TEL. For these Chargebacks, BC TEL
will recover from the APLDS the full amount of all payments made by BC
TEL to the APLDS for the accounts receivable, including taxes, and will
retain any charges applied by BC TEL pursuant to Articles 6 and 7
hereof.
3.4 Accounts receivable which become Bad Debt will not be charged back to
the APLDS, except as otherwise provided for in Articles 2.2, 2.3 and
3.2.
3.5 The parties hereto agree and the APLDS represents to BC TEL that BC TEL
will have full power and authority, at any time, to notify any person
who will be concerned with the assignment of the accounts
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receivable or otherwise affected by it, of the fact that said
assignment has been made. Furthermore, the APLDS, at BC TEL's request,
will notify any person who will be concerned with the assignment of the
accounts receivable or otherwise affected by it, of the fact that said
assignment has been made.
3.6 The parties hereto agree and the APLDS represents to BC TEL that BC TEL
will have full power and authority to register any and all financing
statements and other similar documentation under any applicable
legislation so as to protect and perfect its interest in the accounts
receivable. The APLDS agrees to execute or obtain execution of all
necessary consents required to give effect to this Article 3.
3.7 At any time during the continuance of this Agreement, BC TEL will have
the right to sell, assign, transfer and set over the accounts
receivable with all or any rights, title and interests therein to any
person, firm or corporation, and the assignee thereof will acquire and
possess all the powers, rights and interests granted under this
Agreement and will be subject to any obligations of BC TEL hereunder.
3.8 For any call which is charged back to the APLDS pursuant to Article 2.2
i), 2.2 j) and 2.2 k) in accordance with the applicable tariffs, BC TEL
shall provide to the APLDS the Customer's name, telephone number and
billing address associated with such a call.
3.9 All information provided to the APLDS pursuant to this Agreement is
provided in confidence for the exclusive use of the APLDS. The APLDS is
responsible for protecting the confidentiality of this information and
may not provide, disclose or resell this information to any third
party, including, but without restricting the generality of the
foregoing, any agents, affiliates, co-venturers, etc.
3.10 All information provided to the APLDS pursuant to this Agreement,
including, but without restricting the generality of the foregoing, the
name, telephone number and billing address of any Customer, may only be
used for the purpose of billing Eligible Calls. Such information may be
provided by the APLDS to a third party if this information is to be
used for billing and collection purposes on behalf of the APLDS subject
to the appropriate privacy safeguards. Without limiting the generality
of the foregoing, the APLDS may not use any information provided
pursuant to this Agreement for telemarketing purposes. For the purposes
of this Agreement, telemarketing shall include, but not be
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restricted to, the promotion by the APLDS or by any person or entity,
of the APLDS or its services or products, or of a third party or its
services or products, by any means. Notwithstanding the foregoing, the
APLDS may disclose a Customer=s name and address to an agent whom it
has retained in thecollection of the Eligible Calls of that Customer,
provided the information is required for, and is to be used only for,
that purpose and the APLDS has implemented appropriate safeguards to
protect the privacy of Customers.
Article 4 RIGHTS AND RESPONSIBILITIES OF THE APLDS
4.1 The APLDS will record all necessary billing details for all Eligible
Calls by Customers including calculation of all amounts owing including
taxes. The billing details will be provided to BC TEL in accordance
with the technical specifications of the services which are provided to
the APLDS from time to time by BC TEL. The APLDS is solely responsible
for the accuracy of the billing details provided to BC TEL.
4.2 The APLDS will only submit to BC TEL accounts receivable for Eligible
Calls, as described in Article 2. The APLDS agrees that for any other
accounts receivable which are submitted to BC TEL, BC TEL may return or
charge back the accounts receivable to the APLDS. In such event, BC TEL
will recover the full amount of all payments made by BC TEL to the
APLDS for the accounts receivable, including taxes, from the APLDS in
accordance with Article 6 hereof and the APLDS will be required to pay
to BC TEL charges as described in Article 7.
4.3 The APLDS is responsible for calculation and remittance of taxes, as
described in Article 5.
4.4 The APLDS must provide for the use of Customers an inquiry telephone
number and must be accessible at the inquiry telephone number to
respond to Customer inquiries at no charge to any user of such service.
The APLDS must speak directly to anyone who has contacted the APLDS via
the inquiry telephone number within 24 hours of receipt of any such
contact.
Article 5 TAXATION
5.1 Both parties acknowledge that federal and provincial sales or other
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consumption taxes, including GST and PST, may apply to the charges for
calls provided by the APLDS. BC TEL will be responsible fordetermining
GST and British Columbia PST applicable and which must be levied from a
Customer. The APLDS will be responsible for determining all other taxes
applicable to the provision of its services and which must be levied
from a Customer.
5.2 BC TEL will calculate the applicable amounts of GST and British
Columbia PST due on all charges. The APLDS will calculate and provide
to BC TEL the applicable amounts of all other provinces' PST due on all
charges forwarded to BC TEL for billing purposes.
5.3 BC TEL will xxxx and collect the applicable taxes on behalf of the
APLDS, unless BC TEL identifies the Customer as tax exempt (for either,
or both, of GST and PST). If a Customer is tax exempt, the appropriate
tax, or taxes, will be removed, other taxes will be recalculated by BC
TEL, if necessary, and the revised tax amounts will be billed.
5.4 BC TEL will report to the APLDS the amount of tax, or taxes, that have
been billed.
5.5 BC TEL will be responsible for the remittance of British Columbia PST
to the British Columbia government. The APLDS will be responsible for
the remittance of all other taxes to the appropriate government
authorities.
5.6 In any event, the APLDS will indemnify and hold BC TEL harmless for any
outstanding taxes which may subsequently be claimed against BC TEL as
purchaser of the accounts receivable arising from the APLDS's failure
to promptly notify BC TEL of applicable taxes or to remit all
applicable taxes.
Article 6 PAYMENT FOR ACCOUNTS RECEIVABLE
6.1 BC TEL will pay to the APLDS an amount equal to the full value of each
account receivable recorded less an accounts receivable management
discount, as detailed in the applicable tariffs, to account for Bad
Debt associated with the accounts receivable purchased from the APLDS,
and less all associated charges specified in this Agreement to the
APLDS including the full amount of each account receivable
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returned or charged back to the APLDS. The resulting amount will be
paid to the APLDS within forty-five (45) days of the last day of the
calendar month for which the account receivable was recorded by BC TEL,
or, in the event that full payment is not made by this time, interest
will subsequently accrue on any outstanding balance at the rate
specified in General Xxxxxx XXXX 0000, Xxxx 15 (2).
6.2 In the event that the accounts receivable management discount plus the
associated charges to the APLDS plus the full amount of all accounts
receivable returned and charged back to the APLDS exceeds the full
value of the accounts receivable recorded during a calendar month, the
APLDS will pay to BC TEL the difference forty-five (45) days from the
last day of that month or thirty (30) days from the issuance by BC TEL
of an accounting showing such difference for the month, whichever
occurs later.
6.3 All monthly accounts will be deemed to have been accepted by the APLDS
if no written objection will have been made thereto within one hundred
and twenty (120) days from the date specified on such account. Any
agreed adjustments arising from any such objection will be reflected in
the next feasible monthly settlement payment.
6.4 In the event that the APLDS submits a written objection to BC TEL, BC
TEL shall review the accounts in respect to which the objection shall
have been made and shall render its decision regarding the objection to
the APLDS within thirty (30) days. BC TEL's decision shall be final.
6.5 In the event that BC TEL experiences Chargebacks from Customers
following the expiration or termination of this Agreement, the APLDS
agrees to pay BC TEL the full amount of the accounts receivable charged
back plus the associated charges forty-five (45) days from the last day
of the month during which the Chargebacks occur.
Article 7 RATES AND CHARGES
7.1 In consideration of BC TEL providing billing and collection services to
the APLDS as described in this Agreement, BC TEL will charge the APLDS
and the APLDS will pay rates and charges as detailed in the applicable
tariffs.
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Article 8 AUTHORIZATION
8.1 The APLDS expressly authorizes BC TEL to use the name of the APLDS for
the purpose of identifying the APLDS on whose behalf the call is being
billed in the collection of all accounts receivable.
Article 9 ACCOUNTING TO THE APLDS
9.1 BC TEL will provide reports to the APLDS, including an accounting of
the payment due to the APLDS for the accounts receivable purchased by
BC TEL. The reports will be provided according to the technical
specifications of the services which are provided to the APLDS from
time to time by BC TEL.
9.2 Any report provided to the APLDS will be deemed to be correct unless
the APLDS notifies BC TEL of any discrepancy therein, within sixty (60)
days from the date the report is issued by BC TEL.
9.3 In the event that an error is made by BC TEL in the preparation of any
report, BC TEL's liability will be limited to correcting the same and
to modifying the report accordingly in the next issue of the same.
9.4 The reports described in this article will be the only documentation
conclusive with respect to accounts receivable and call volumes.
Article 10 LIMITATION OF LIABILITY
10.1 BC TEL's liability shall be subject to the provisions regarding
liability in its Terms of Service. Without restricting the generality
of the foregoing, BC TEL will not be responsible to the APLDS for
direct, indirect, special, incidental or consequential damage or loss
in connection with or arising out of the performance or non-performance
of the terms of this Agreement howsoever caused, including, without
limiting the foregoing, any business or economic loss, notwithstanding
that BC TEL has been advised or is aware of the possibility thereof.
10.2 The provisions of this Article 10 will survive the expiration or
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termination of this Agreement.
Article 11 TERM
11.1 This Agreement will be deemed to come into force on the _____ day of
_________,_____ and will be effective for an initial period of two
years from this date and will continue afterwards for successive
month-to-month periods under the same terms and conditions unless and
until terminated by either party upon sixty (60) days prior written
notice to the other party, or pursuant to the provisions of this
Agreement concerning termination.
Article 12 TERMINATION
12.1 Except as provided hereinafter, in the event that either party will be
in breach of any of the terms of this Agreement, or, without
restricting the generality of the foregoing, of any laws applicable
thereto, regulations or BC TEL tariffs, the other party may, by notice
to the party in default, require the remedy of said breach or the
performance of the obligations hereunder. If the party so notified
fails to remedy or perform within ten (10) days of the receipt of such
notice, the other party may, without prejudice to all its rights and
remedies in respect of breach of contract, subject to the terms of this
Agreement, terminate this Agreement as specified in Article 12.7 below.
12.2 Where one party (the party in default) has received notification from
the other party (the party not in default) pursuant to Article 12.1 of
this Agreement and notwithstanding that the party in default has
remedied such breach or has performed said obligation, in the event at
any time thereafter that such party in default is found by the party
not in default to have breached or to have failed to perform in respect
of the same provision(s) of this Agreement under which notification was
first provided pursuant to Article 12.1, the party not in default will
have the right at its sole discretion to terminate this Agreement as
specified in Article 12.7 below.
12.3 If, in BC TEL's reasonable judgment, the provision of billing and
collection services under this Agreement gives rise to an unreasonable
number of Customer complaints, BC TEL may terminate this Agreement upon
thirty (30) days prior written notice to the APLDS.
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12.4 In the event that the Chargebacks associated with the APLDS's accounts
receivable are at a level of 15% or more of the total accounts
receivable for two (2) consecutive months, or if the Bad Debt
associated with the APLDS's accounts receivable is at a level of 10% or
more of the total accounts receivable for two (2) consecutive months,
BC TEL may, at its sole discretion, terminate this Agreement as
specified in Article 12.7 below.
12.5 Subject to the terms of this Agreement, any termination of this
Agreement for breach of any of its terms will be without prejudice to
all rights and remedies available to the party terminating this
Agreement in respect of such breach.
12.6 Notwithstanding Article 12.7 below, if one of the parties becomes
insolvent or if insolvency or bankruptcy proceedings of any kind are
initiated against a party, if a party is placed in receivership or if a
party has to perform a transfer of property in favour of its creditors
or its property is placed under sequestration or is subject to
liquidation, the other party may, upon notice, immediately terminate
this Agreement.
12.7 Prior to termination of this Agreement, the party terminating the
Agreement shall provide the other party with ten (10) days prior
written notice stating the reason for termination and the scheduled
termination date. Additionally, at least twenty-four hours prior to
termination, the party terminating the Agreement shall advise the other
party that termination is imminent.
12.8 If this Agreement is terminated by the APLDS prior to the end of the
contract term, a charge equal to the remaining balance of monthly
subscription fees shall apply for the contract term.
12.9 Without restricting the generality of the foregoing, all provisions of
this Agreement regarding amounts payable to BC TEL for services
provided to the APLDS shall survive termination of this Agreement.
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Article 13 NON-WAIVER
13.1 The failure of either party, at any time, to require performance by the
other party of any provision, condition or covenant hereof will, in no
way, affect its right thereafter to enforce the provision, condition or
covenant, nor will the waiver by either party of any breach of any
provision, condition or covenant hereof be taken or held binding upon
the party, unless in writing, and the waiver will not be taken or held
to be a waiver of any future breach of the same provision, condition or
covenant.
Article 14 ENTIRE AGREEMENT
14.1 This Agreement, together with all matters incorporated by reference,
constitutes the entire Agreement between the parties with regard to
matters dealt with under this Agreement and there are no other
conditions or warranties, expressed, implied or statutory, applicable
to the subject.
Article 15 ASSIGNMENT
15.1 Except as provided herein, neither party will assign or transfer this
Agreement, or any rights or privileges hereunder, in whole or in part,
without the written prior approval of the other, provided however that
nothing herein will prevent BC TEL from assigning or transferring this
Agreement to a subsidiary or affiliate of BC TEL without the consent of
the other party.
15.2 This Agreement will be binding upon the respective successors and
permitted assigns of the parties hereto.
Article 16 GOVERNING LAW
16.1 The terms of this Agreement will be governed by the law of the Province
of British Columbia.
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Article 17 REGULATORY APPROVAL
17.1 This Agreement, including the rates, terms and conditions specified
herein and in the applicable tariffs, are subject to all applicable
regulatory approvals. Such rates, terms and conditions may be modified
from time to time in accordance with and subject to the approval of the
Canadian Radio-television and Telecommunications Commission.
Article 18 INTERPRETATION
18.1 The headings appearing in this Agreement have been inserted as a matter
of convenience and for reference only and, in no way, define, limit or
enlarge the scope or meaning of this Agreement or of any provisions
hereof.
18.2 Whenever a word importing the singular number only is used in this
Agreement, such word will include the plural and words importing either
gender or firms or corporations will include the persons or other
genders and firms or corporations where applicable. Any reference to
the term of this Agreement will, unless the context otherwise requires,
be deemed to include any renewals hereof.
Article 19 SEVERABILITY
19.1 If any clause or clauses or part or parts of clauses in this Agreement
be illegal or unenforceable, it or they will be considered separate and
severable from the Agreement and the remaining provisions of the
Agreement will remain in full force and effect and will be binding upon
the parties hereto as though the said clauses or part or parts of
clauses had never been included, provided, however, that in the event
that the removal of such clause or clauses renders this Agreement
ineffective in the assessment of BC TEL, BC TEL shall have the right to
terminate this Agreement as specified in Article 12.7.
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Article 20 NOTICES
20.1 Any notice or other communication hereunder will be in written form and
will be sufficient if delivered personally, by facsimile or by pre-paid
registered mail to the address of the APLDS as follows:
-
-
-
-
-
-
and to BC TEL at the following address:
Xxx Xxxxxxxx
Vice President International & Carrier Services
26th Floor Telus Tower
000 0xx Xxxxxx X.X.
Xxxxxxx, Xxxxxxx
X0X 0X0
20.2 The date of receipt of such communication will be the first business
day following the date sent, if delivered personally or by facsimile,
or, if sent by pre-paid registered mail, will be deemed to be the fifth
business day after the same will have been mailed, except in the event
of a mail strike this latter presumption will not apply.
20.3 Either party may change its address for notice under Article 20 without
obtaining consent from the other party, provided, however, that it
notifies the other party in writing of its new address.
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Article 21 FORCE MAJEURE
21.1 Neither party will be held liable for any delay or failure in
performance of any part of this Agreement in the event of force majeure
or for any cause beyond the reasonable control of the party concerned.
In particular, and without limiting the above, the parties will be
excused from the performance of their obligations under this Agreement
where failure to comply with any of the terms or conditions of this
Agreement will be caused by an act of God, strike, walk out, public
enemy, war, civil commotion, riot, judicial or government order, other
requirement of law, or any other cause of whatsoever nature or kind
beyond the reasonable control of either party.
Article 22 LANGUAGE
22.1 This Agreement has been prepared and drawn up in the English language
at the express wish of the parties. Le present contrat a ete prepare et
redige en anglais a la demande expresse des parties.
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IN WITNESS WHEREOF the parties have executed this Agreement.
This_________day of____________________,__________, in the city of______________
Province of___________________by the APLDS______________________________________
PLEASE INSERT NAME
Witnessed by: )
) Per Signature
---------------
) Name
--------------------------- ---------------
(Signature of Witness) ) Title
---------------
)
)
---------------------------
(Name of Witness) )
------------------------------
) (PLEASE PRINT OR TYPE NAME
) AND TITLE OF PERSON WHO
---------------------------
(Address) ) ACTUALLY SIGNS)
AND
This_________day of____________________,__________, in the city of______________
Province of___________________by the BC TEL_____________________________________
PLEASE INSERT NAME
Witnessed by: )
) Per Signature
---------------
) Name
--------------------------- ---------------
(Signature of Witness) ) Title
---------------
)
)
---------------------------
(Name of Witness) )
------------------------------
) (PLEASE PRINT OR TYPE NAME
) AND TITLE OF PERSON WHO
---------------------------
(Address) ) ACTUALLY SIGNS)
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