OPERATING AGREEMENT
BETWEEN
NORDISKA TELE8 AB
AND
PORTUGAL TELECOM
FOR
INTERNATIONAL TELECOMMUNICATIONS SERVICES
THIS AGREEMENT, made and entered into this 1. day of February 1996,
between Xxxxxxxx Xxxx0 XX, 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 Portugal Telecom, a corporation organised and
existing under the laws of Portugal and having its principal office at Xx.
Xxxxxx Xxxxxxx xx Xxxx, 00, 0000 Xxxxxx, Xxxxxxxx, (hereinafter referred to as
"Portugal Telecom" which expression shall include its successors),
WITNESSETH:
WHEREAS, Tele8 is providing intenational telecommunications service from, to
and via Sweden, and
WHEREAS, Portugal Telecom is providing international telephone services from,
to and via Portugal, and
WHEREAS, Tele8 and Portugal Telecom propose to provide jointly intenational
telephone services between Sweden and Portugal 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 Portugal Telecom, in consideration of the mutual
covenants herein expressed, covenant and agree with each other as follows:
1. The services to be funished hereunder shall be intenational telephone
service between Sweden and Portugal and points beyond and special value added
telephony services as mutually agreed.
2. Tele8 and Portugal Telecom will operate such number and type of
circuits between Sweden and Portugal by means of the satellite, cable and
radiolink facilities as may be agreed upon from time to time.
3. Tele8 and Portugal Telecom shall each have the responsibility of
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providing, at its expense, the respective portion of circuits referred to in
paragraph 2 hereof.
4. Tele8 and Portugal Telecom shall each, at its expense, provide the
necessary equipment at the respective gateway exchanges and the national
extension facilities.
5. Each Party shall establish its collection charges for the services
furnished hereunder.
6. The accounting rates and division of revenue derived from the service,
as well as transit service between Tele8 and Portugal Telecom provided by the
Parties shall be according to CCITT Rec. D.300 R and/or D.305 R 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.
7. Until otherwise agreed between Tele8 and Portugal Telecom, Tele8 will
cascade account via a transit provider.
8. The technical standards and methods of operation for the services to be
furnished hereunder shall be agreed upon by Tele8 and Portugal Telecom and
shall to the greatest possible extent conform to the provisions of the
relevant recommendations of the International Telegraph and Telephone
Consultative Committee (CCITT).
9. 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.
10. 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.
11. 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.
12. This agreement shall not be assigned or transferred by either Party
hereto without written consent of the other Party.
13. 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.
14. 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
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in writing of termination at the end of the initial period of two years or any
subsequent year.
15. Any dispute which might occur in connection with this agreement shall
finally be settled by the rules of Conciliation and Arbitration according to
the International Chamber of Commerce. The proceedings shall be conducted in
the English language. The award shall be final and binding upon the Parties.
16. For all purposes under this agreement, the addresses of the Parties
shall be as follows:
Nordiska Tele8 AB
Xxxxxxxxxxx 0
X-000 00 Xxxxx
Xxxxxx
Portugal Telecom
Av. Xxxxxx Xxxxxxx xx Xxxx, 00
0000 Xxxxxx
Xxxxxxxx
IN WITNESS WHEREOF, the Parties have respectively executed this
agreement as of the day and year first above written.
Portugal Telecom Nordiska Tele8 AB
BY: BY:
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TITLE: TITLE:
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