Common use of PROCEDURE FOR REQUEST FOR SERVICES Clause in Contracts

PROCEDURE FOR REQUEST FOR SERVICES. 2.1. The RL shall submit a Request under Schedule 3 of the Approved ICO via the NetLink Trust Platform with respect to each 1:16 NBAP Connection required and shall include the prefix “<GOVTECH/T17032/<[NAME OF AGENCY]>” in the ‘Application Reference’ field. In the event that the RL fails to include the abovementioned prefix in the ‘Application Reference’ field when submitting the Request, the charges that apply to that 1:16 NBAP Connection shall be based on Schedule 15 of the Approved ICO instead of Annex 2 of this Agreement. For the avoidance of doubt, the ordering and provisioning procedures set out in clauses 4 and 5 of Schedule 3 of the Approved ICO shall apply to this Agreement notwithstanding any variance in the definition of “NBAP Connection”, unless specifically provided otherwise in this Agreement. 2.2. The RL shall first submit a Request under Schedule 10, followed by a Request under Schedule 11 of the Approved ICO via the NetLink Trust Platform within the same day with respect to each 1:1 NBAP Connection required. The RL shall indicate the same Application Reference using prefix “<GOVTECH/T17032/<[NAME OF AGENCY]>” in the ‘Application Reference’ field when submitting both Requests. In the event that the RL fails to indicate the same Application Reference using the abovementioned prefix in the ‘Application Reference’ field when submitting the Requests, the charges that apply to that 1:1 NBAP Connection shall be based on Schedule 15 of the Approved ICO instead of Annex 2 of this Agreement. 2.3. Subject to the charges set out in Annexes 2, 3, 4 and 5 herein, NLT shall conduct a site survey to assess the cable routing and other works required for the order related to each NBAP Connection. NLT shall provide the RL with a quotation of the total applicable one-time Installation Charge (“OTC”) prior to fulfilling the said order. 2.4. NLT shall commence the fibre deployment from NLT’s designated Central Office to the NBAP TP location specified by the RL subject to the following conditions: 2.4.1. The RL agrees to the applicable OTC communicated by NLT pursuant to paragraph 2.3 above. 2.4.2. The RL must provide its acceptance of the service activation period and agreement to pay the OTC to NLT within ten (10) Business Days of receiving NLT’s notification of the total applicable OTC, failing which, the Request shall be deemed cancelled and the RL shall be liable for Cancellation Charges stipulated in Annex 2 of the Agreement. 2.4.3. The RL shall secure access for NLT to carry out any works and to liaise with building management where necessary. 2.4.4. The RL shall take all steps that may be necessary (including but not limited to the execution of deeds of transfer) to ensure that ownership of the ducts and manholes through which NLT’s fibre cables are laid for the purposes of providing the NBAP Connections vests in NLT at no additional cost to NLT. 2.5. The Service Level Guarantees prescribed in Clause 2 of Schedule 3 of the Approved ICO shall apply to the provision of 1:16 NBAP Connections, save that all references to “NBAP Connections” shall be replaced by “1:16 NBAP Connections”, and all references to “Monthly Recurring Charge” shall mean the Monthly Recurring Charge set out in Annex 2 of this Agreement. NLT shall achieve a service activation period of less than forty (40) Business Days, provided always that the service activation period shall depend on the availability of access to the NBAP TP location, actual site conditions, the grant of the necessary licences, permits, consents, waivers and authorization by the relevant Government Agencies or any other party, and any unforeseen circumstances beyond the control of NLT. The service activation period shall be calculated from the day of the RL’s acceptance of the quotation provided under paragraph 2.3 of this Annex 1 until the day on which a NBAP Connection is handed over to the RL, and shall include any period of time needed for the construction of any ducts and manholes necessary for the provision of the NBAP Connection, but shall exclude any period of time needed for the completion of the transfer of ownership of existing ducts and manholes to NLT. For the avoidance of doubt, the Service Level Guarantees shall not apply in the event of any delay in the transfer or vesting of ownership of all relevant ducts and manholes to NLT, any delay in the grant of the necessary licences, permits, consents, waivers and authorizations related to the site by a Governmental Agency or any other party for any reason whatsoever, or any delay arising out of unforeseen circumstances beyond the control of NLT. For the avoidance of doubt, NLT shall not offer any Service Level Guarantee in relation to the provision of 1:1 NBAP Connections under this Agreement.