Common use of No Acceptance Clause in Contracts

No Acceptance. 6.1. If a Associated Operator to whom Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs 6.2, and 6.7 below and shall concurrently provide Rostelecom with the following information: • Associated Operator’s trade name; • Associated Operator’s legal and physical addresses; • Names of contact persons; • Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; • Contact telephones, faxes, e-mail address. 6.2. If within the time period provided for acceptance of the Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph 6.1. is sent to Rostelecom. 6.3. If within the time period provided for acceptance of the Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) days after the expiration of the time period provided for the acceptance by the Associated Operator. 6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals. 6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associated Operator’s counter-proposals, the Operator shall negotiate with the Associated Operator to agree on the terms and conditions of the Offer which were not accepted by the Associated Operator. Maximum duration of such negotiations shall not exceed fifteen (15) days after their commencement date. The Operator shall notify Rostelecom of the results of such negotiations within three (3) days after their completion. If as the result of such negotiations the Associated Operator gave full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1 and accepted such Offer, the Operator shall, concurrently with the negotiations results notice, submit documents referred to in Paragraph 5.2 hereof to Rostelecom of this Agreement. 6.6. If as the result of such negotiations, the Associated Operator did not give full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1, Rostelecom shall within five (5) days after receipt of the negotiations result notice from the Operator as provided for in Paragraph 6.5. hereof, shall resolve upon whether entering into an agreement with the Connected Operator on the terms and conditions proposed by the latter (i.e. acceptance of counter-offer) is possible. 6.7. If Rostelecom notifies the Operator within the time period referred to in Paragraph 6.6. hereof of its willingness to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall enter into an agreement with the Associated Operator on the terms and conditions agreed upon as the result of negotiations, accept the Associated Operator’s counter-offer and submit originals of executed agreement and/or documents evidencing the entering into such agreement with the Associated Operator on such terms and conditions within three (3) days. If Rostelecom notifies the Operator within the time period referred to in Paragraph 6.6. above of its decision not to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall be relieved from its agency commission with respect to the relevant Associated Operator as from the moment of receipt of such notice.

Appears in 1 contract

Sources: Agency Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)

No Acceptance. 6.1. If a Associated Operator to whom Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs paras 6.2, and 6.7 6.7, 6.9 below and shall concurrently provide Rostelecom with the following information: · Associated Operator’s trade name; · Associated Operator’s legal and physical addresses; · Names of contact persons; · Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; · Contact telephones, faxes, e-mail address. 6.2. If within the time period provided for acceptance of the Offer by the a Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission obligations with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph para. 6.1. is sent to Rostelecom. 6.3. If within the time period provided for acceptance of the Offer by the a Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for the acceptance by the Associated Operator. 6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph para. 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals. 6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associated Operator’s counter-proposals, the Operator shall negotiate with the Associated Operator to agree on the terms and conditions of the Offer which were not accepted by the Associated Operator. Maximum duration of such negotiations shall not exceed fifteen (15) days after their commencement date. The Operator shall notify Rostelecom of the results of such negotiations within three (3) business days after their completion. If as the result of such negotiations the Associated Operator gave full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1 and accepted such Offer, the Operator shall, concurrently with the negotiations results notice, submit documents referred to in Paragraph para. 5.2 hereof above to Rostelecom of this Agreement. 6.6. If as the result of such negotiations, the Associated Operator did not give full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1, Rostelecom shall within five (5) business days after receipt of the negotiations result notice from the Operator as provided for in Paragraph para. 6.5. hereofabove, shall resolve upon whether entering into an agreement with the Connected Operator on the terms and conditions proposed by the latter (i.e. acceptance of counter-offer) is possible. 6.7. If Rostelecom notifies the Operator within the time period referred to in Paragraph para. 6.6. hereof above of its willingness to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall enter into an agreement with the Associated Operator on the terms and conditions agreed upon as the result of negotiations, accept the Associated Operator’s counter-offer and submit originals of executed agreement and/or documents evidencing the entering into such agreement with the Associated Operator on such terms and conditions within three (3) business days. If Rostelecom notifies the Operator within the time period referred to in Paragraph para. 6.6. above of its decision not to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall be relieved from its agency commission obligations with respect to the relevant Associated Operator as from the moment of receipt of such notice. 6.8. If within the time period provided for the acceptance of the Offer by the Associated Operator the latter gives full and unconditional acceptance of the Offer whether based on Form 1 or Form 2, but other than in compliance with the Offer acceptance requirements set forth in Article 5, the Operator shall notify Rostelecom to that effect within three (3) days after receipt of such acceptance of the Offer from the Associated Operator. Rostelecom shall, within three (3) days after receipt of such notice from the Operator, determine whether such acceptance is to be considered valid and sufficient and shall notify the Operator of such a determination. If the Associated Operator gives full and unconditional acceptance of the Offer whether based on Form 1 or Form 2, but with a delay of not more than 30 days, and provided no other breach of Offer acceptance requirements exists, Rostelecom shall determine that such acceptance is to be considered valid and sufficient, and shall take action described in para. 6.9 below. 6.9. If Rostelecom determines acceptance to be valid and sufficient, the Operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, submit documents to Rostelecom evidencing the entering into an agreement on terms and conditions as set forth in Form 1 or Form 2 of Appendix No. 1 to this Agreement. If Rostelecom determines acceptance by the Associated Operator to be invalid and/or insufficient, the operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, give a message to the Associated Operator requiring it to give acceptance on the terms and conditions provided in para. 5.1 above. If the Operator does not receive from the Associated Operator acceptance of the Offer on the above terms and conditions and before expiration of the time period provided for such acceptance, the Operator shall be relieved from its agency obligations with respect to the relevant Associated Operator.

Appears in 1 contract

Sources: Agency Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)

No Acceptance. 6.1. If a Associated Operator to whom Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs paras 6.2, and 6.7 6.7, 6.9 below and shall concurrently provide Rostelecom with the following information: · Associated Operator’s trade name; · Associated Operator’s legal and physical addresses; · Names of contact persons; · Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; · Contact telephones, faxes, e-mail address. 6.2. If within the time period provided for acceptance of the Binding Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Binding Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph para. 6.1. is sent to Rostelecom. 6.3. If within the time period provided for acceptance of the Binding Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for the acceptance by the Associated Operator. 6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph para. 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals. 6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associated Operator’s counter-proposals, the Operator shall negotiate with the Associated Operator to agree on the terms and conditions of the Binding Offer which were not accepted by the Associated Operator. Maximum duration of such negotiations shall not exceed fifteen (15) days after their commencement date. The Operator shall notify Rostelecom of the results of such negotiations within three (3) business days after their completion. If as the result of such negotiations the Associated Operator gave full consent to the terms and conditions of the Binding Offer based on either Form 1 or Form 2 as provided in Appendix No. 1 and accepted such Binding Offer, the Operator shall, concurrently with the negotiations results notice, submit documents referred to in Paragraph para. 5.2 hereof to Rostelecom of this Agreement. 6.6. If as the result of such negotiations, the Associated Operator did not give full consent to the terms and conditions of the Binding Offer based on either Form 1 or Form 2 as provided in Appendix No. 1, Rostelecom shall within five (5) business days after receipt of the negotiations result notice from the Operator as provided for in Paragraph para. 6.5. hereof, shall resolve upon whether entering into an agreement with the Connected Operator on the terms and conditions proposed by the latter (i.e. acceptance of counter-offer) is possible. 6.7. If Rostelecom notifies the Operator within the time period referred to in Paragraph para. 6.6. hereof of its willingness to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall enter into an agreement with the Associated Operator on the terms and conditions agreed upon as the result of negotiations, accept the Associated Operator’s counter-offer and submit originals of executed agreement and/or documents evidencing the entering into such agreement with the Associated Operator on such terms and conditions within three (3) business days. If Rostelecom notifies the Operator within the time period referred to in Paragraph para. 6.6. above of its decision not to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall be relieved from its agency commission with respect to the relevant Associated Operator as from the moment of receipt of such notice. 6.8. If within the time period provided for the acceptance of the Binding Offer by the Associated Operator the latter gives full and unconditional acceptance of the Binding Offer whether based on Form 1 or Form 2, but other than in compliance with the Binding Offer acceptance requirements set forth in Article 5, the Operator shall notify Rostelecom to that effect within three (3) days after receipt of such acceptance of the Binding Offer from the Associated Operator. Rostelecom shall, within three (3) days after receipt of such notice from the Operator, determine whether such acceptance is to be considered valid and sufficient and shall notify the Operator of such a determination. If the Associated Operator gives full and unconditional acceptance of the Binding Offer whether based on Form 1 or Form 2, but with a delay of not more than 30 days, and provided no other breach of Binding Offer acceptance requirements exists, Rostelecom shall determine that such acceptance is to be considered valid and sufficient, and shall take action described in para. 6.9 below. 6.9. If Rostelecom determines acceptance to be valid and sufficient, the Operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, submit documents to Rostelecom evidencing the entering into an agreement on terms and conditions as set forth in Form 1 or Form 2 of Appendix No. 1 to this Agreement. If Rostelecom determines acceptance by the Associated Operator to be invalid and/or insufficient, the operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, give a message to the Associated Operator requiring it to give acceptance on the terms and conditions provided in para. 5.1 above. If the Operator does not receive from the Associated Operator acceptance of the Binding Offer on the above terms and conditions and before expiration of the time period provided for such acceptance, the Operator shall be relieved from its agency commission with respect to the relevant Associated Operator.

Appears in 1 contract

Sources: Agency Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)

No Acceptance. 6.1. If a an Associated Operator to whom Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs paras 6.2, and 6.7 6.7, below and shall concurrently provide Rostelecom with the following information: • Associated Operator’s trade name; • Associated Operator’s legal and physical addresses; • Names of contact persons; • Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; • Contact telephones, faxes, e-mail physical address. 6.2. If within the time period provided for acceptance of the Offer by the a Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph para. 6.1. is sent to Rostelecom. 6.3. If within the time period provided for acceptance of the Offer by the a Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for the acceptance by the Associated Operator. 6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph para. 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals. 6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associated Operator’s counter-proposals, the Operator shall negotiate with the Associated Operator to agree on the terms and conditions of the Offer which were not accepted by the Associated Operator. Maximum duration of such negotiations shall not exceed fifteen (15) days after their commencement date. The Operator shall notify Rostelecom of the results of such negotiations within three (3) business days after their completion. If as the result of such negotiations the Associated Operator gave full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1 and accepted such Offer, the Operator shall, concurrently with the negotiations results notice, submit documents referred to in Paragraph para. 5.2 hereof above to Rostelecom of this Agreement. 6.6. If as the result of such negotiations, the Associated Operator did not give full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1, Rostelecom shall within five (5) business days after receipt of the negotiations result notice from the Operator as provided for in Paragraph para. 6.5. hereofabove, shall resolve upon whether entering into an agreement with the Connected Operator on the terms and conditions proposed by the latter (i.e. acceptance of counter-offer) is possible. 6.7. If Rostelecom notifies the Operator within the time period referred to in Paragraph para. 6.6. hereof above of its willingness to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall enter into an agreement with the Associated Operator on the terms and conditions agreed upon as the result of negotiations, accept the Associated Operator’s counter-offer and submit originals of executed agreement and/or documents evidencing the entering into such agreement with the Associated Operator on such terms and conditions within three (3) business days. If Rostelecom notifies the Operator within the time period referred to in Paragraph para. 6.6. above of its decision not to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall be relieved from its agency commission with respect to the relevant Associated Operator as from the moment of receipt of such notice.

Appears in 1 contract

Sources: Agency Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)

No Acceptance. 6.1. If a Associated Operator to whom Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs 6.2, and 6.7 6.7, 6.9 below and shall concurrently provide Rostelecom with the following information: • Associated Operator’s trade name; • Associated Operator’s legal and physical addresses; • Names of contact persons; • Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; • Contact telephones, faxes, e-mail address. 6.2. If within the time period provided for acceptance of the Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph 6.1. is sent to Rostelecom. 6.3. If within the time period provided for acceptance of the Offer by the Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for the acceptance by the Associated Operator. 6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals. 6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associated Operator’s counter-proposals, the Operator shall negotiate with the Associated Operator to agree on the terms and conditions of the Offer which were not accepted by the Associated Operator. Maximum duration of such negotiations shall not exceed fifteen (15) days after their commencement date. The Operator shall notify Rostelecom of the results of such negotiations within three (3) business days after their completion. If as the result of such negotiations the Associated Operator gave full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1 and accepted such Offer, the Operator shall, concurrently with the negotiations results notice, submit documents referred to in Paragraph 5.2 hereof to Rostelecom of this Agreement. 6.6. If as the result of such negotiations, the Associated Operator did not give full consent to the terms and conditions of the Offer based on either Form 1 or Form 2 as provided in Appendix No. 1, Rostelecom shall within five (5) business days after receipt of the negotiations result notice from the Operator as provided for in Paragraph 6.5. hereof, above, shall resolve upon whether entering into an agreement with the Connected Operator on the terms and conditions proposed by the latter (i.e. acceptance of counter-offer) is possible. 6.7. If Rostelecom notifies the Operator within the time period referred to in Paragraph 6.6. hereof above of its willingness to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall enter into an agreement with the Associated Operator on the terms and conditions agreed upon as the result of negotiations, accept the Associated Operator’s counter-offer and submit originals of executed agreement and/or documents evidencing the entering into such agreement with the Associated Operator on such terms and conditions within three (3) business days. If Rostelecom notifies the Operator within the time period referred to in Paragraph 6.6. above of its decision not to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall be relieved from its agency commission with respect to the relevant Associated Operator as from the moment of receipt of such notice. 6.8. If within the time period provided for the acceptance of the Offer by the Associated Operator the latter gives full and unconditional acceptance of the Offer whether based on Form 1 or Form 2, but other than in compliance with the Offer acceptance requirements set forth in Article 5, the Operator shall notify Rostelecom to that effect within three (3) days after receipt of such acceptance of the Offer from the Associated Operator. Rostelecom shall, within three (3) days after receipt of such notice from the Operator, determine whether such acceptance is to be considered valid and sufficient and shall notify the Operator of such a determination. If the Associated Operator gives full and unconditional acceptance of the Offer whether based on Form 1 or Form 2, but with a delay of not more than 30 days, and provided no other breach of Offer acceptance requirements exists, Rostelecom shall determine that such acceptance is to be considered valid and sufficient, and shall take action described in Paragraph 6.9 below. 6.9. If Rostelecom determines acceptance to be valid and sufficient, the Operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, submit documents to Rostelecom evidencing the entering into an agreement on terms and conditions as set forth in Form 1 or Form 2 of Appendix No. 1 to this Agreement. If Rostelecom determines acceptance by the Associated Operator to be invalid and/or insufficient, the operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, give a message to the Associated Operator requiring it to give acceptance on the terms and conditions provided in Paragraph 5.1 above. If the Operator does not receive from the Associated Operator acceptance of the Offer on the above terms and conditions and before expiration of the time period provided for such acceptance, the Operator shall be relieved from its agency commission with respect to the relevant Associated Operator.

Appears in 1 contract

Sources: Agency Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)

No Acceptance. 6.1. If a Associated Operator to whom Binding Offers were given does not accept either of them, then, pursuant to the terms and conditions stated in Article 5 of this Agreement, the Operator shall notify Rostelecom to that effect within time frames referred to in Paragraphs 6.2, and 6.7 6.7, 6.9 below and shall concurrently provide Rostelecom with the following information: - Associated Operator’s trade name; - Associated Operator’s legal and physical addresses; - Names of contact persons; - Grounds or reasons for disagreement, if the Associated Operator submitted a letter to the Operator stating reasons for its disagreement with the proposed agreement; - Contact telephones, faxes, e-mail physical address. 6.2. If within the time period provided for acceptance of the Binding Offer by the a Associated Operator, the Operator receives a message from the Associated Operator stating its refusal to enter into the agreement or its intent to enter into an agreement whereof subject matter is different from that stated in Form 1 or Form 2 of Appendix No. 1, or if no message related to the Binding Offer is received by the Operator or Rostelecom, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for acceptance by the Associated Operator. The Operator shall be discharged from its agency commission obligations with respect to the relevant Associated Operator as from the moment when the information referred to in Paragraph 6.1. is sent to Rostelecom. 6.3. If within the time period provided for acceptance of the Binding Offer by the a Associated Operator, the Operator receives a message from the Associated Operator stating its willingness to enter into the agreement on terms and conditions (other than subject matter) different from those stated in Form 1 or Form 2 of Appendix No. 1, i.e. a counter-offer, the Operator shall notify Rostelecom to that effect within three (3) business days after the expiration of the time period provided for the acceptance by the Associated Operator. 6.4. Within ten (10) days after receipt of notice from the Operator as referred to in Paragraph 6.3., Rostelecom shall notify the Operator of its full or partial consent or refusal to give consent to the Associated Operator’s counter-proposals. 6.5. If full consent to the Associated Operator’s counter-proposals is given by Rostelecom, the Operator shall accept the Associated Operator’s counter-offer; in case of Rostelecom’s partial consent or refusal to give consent to the Associated Operator’s counter-proposals, the Operator shall negotiate with the Associated Operator to agree on the terms and conditions of the Binding Offer which were not accepted by the Associated Operator. Maximum duration of such negotiations shall not exceed fifteen (15) days after their commencement date. The Operator shall notify Rostelecom of the results of such negotiations within three (3) business days after their completion. If as the result of such negotiations the Associated Operator gave full consent to the terms and conditions of the Binding Offer based on either Form 1 or Form 2 as provided in Appendix No. 1 and accepted such Binding Offer, the Operator shall, concurrently with the negotiations results notice, submit documents referred to in Paragraph 5.2 hereof above to Rostelecom Rostelecom. of this AgreementContract. 6.6. If as the result of such negotiations, the Associated Operator did not give full consent to the terms and conditions of the Binding Offer based on either Form 1 or Form 2 as provided in Appendix No. 1, Rostelecom shall within five (5) business days after receipt of the negotiations result notice from the Operator as provided for in Paragraph 6.5. hereofabove, shall resolve upon whether entering into an agreement with the Connected Operator on the terms and conditions proposed by the latter (i.e. acceptance of counter-offer) is possible. 6.7. If Rostelecom notifies the Operator within the time period referred to in Paragraph 6.6. hereof above of its willingness to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall enter into an agreement with the Associated Operator on the terms and conditions agreed upon as the result of negotiations, accept the Associated Operator’s counter-offer and submit originals of executed agreement and/or documents evidencing the entering into such agreement with the Associated Operator on such terms and conditions within three (310) business days. If Rostelecom notifies the Operator within the time period referred to in Paragraph 6.6. above of its decision not to enter into the agreement on the terms and conditions proposed by the Associated Operator, the Operator shall be relieved from its agency commission obligations with respect to the relevant Associated Operator as from the moment of receipt of such notice. 6.8. If within the time period provided for the acceptance of the Binding Offer by the Associated Operator the latter gives full and unconditional acceptance of the Binding Offer whether based on Form 1 or Form 2, but other than in compliance with the Binding Offer acceptance requirements set forth in Article 5, the Operator shall notify Rostelecom to that effect within three (10) days after receipt of such acceptance of the Binding Offer from the Associated Operator. Rostelecom shall, within three (3) days after receipt of such notice from the Operator, determine whether such acceptance is to be considered valid and sufficient and shall notify the Operator of such a determination. If the Associated Operator gives full and unconditional acceptance of the Binding Offer whether based on Form 1 or Form 2, but with a delay of not more than 30 days, and provided no other breach of Binding Offer acceptance requirements exists, Rostelecom shall determine that such acceptance is to be considered valid and sufficient, and shall take action described in Paragraph 6.9 below. 6.9. If Rostelecom determines acceptance to be valid and sufficient, the Operator shall, within three (10) business days after receipt of a notice from Rostelecom stating such determination, submit documents to Rostelecom evidencing the entering into an agreement on terms and conditions as set forth in Form 1 or Form 2 of Appendix No. 1 to this Agreement. If Rostelecom determines acceptance by the Associated Operator to be invalid and/or insufficient, the operator shall, within three (3) business days after receipt of a notice from Rostelecom stating such determination, give a message to the Associated Operator requiring it to give acceptance on the terms and conditions provided in Paragraph 5.1 above. If the Operator does not receive from the Associated Operator acceptance of the Binding Offer on the above terms and conditions and before expiration of the time period provided for such acceptance, the Operator shall be relieved from its agency obligations with respect to the relevant Associated Operator.

Appears in 1 contract

Sources: Agency Agreement (Open Joint Stock Co Long Distance & Internat Comm Rostelecom)