PROVISIONING THE SERVICE. 6.1 Nucleus Connect shall set up L3 Virtual Routing Domains for the Contracting QP pursuant to and in accordance with the Approved Project Schedule. 6.2 Promptly after the Approved Project Schedule is available, Nucleus Connect shall notify the Contracting QP of the RFS Date, which shall be no more than ten (10) Business Days from the date of such Approved Project Schedule. 6.3 In relation to an Approved Project Schedule, the SAP shall not apply where prior to the RFS Date in respect thereof, the Contracting QP requires any Modification. In such event, Nucleus Connect and the Contracting QP may mutually agree to a new RFS Date (which agreement shall not be unreasonably delayed or withheld by either Party), and the period between the SAP Start Date and such new agreed RFS Date shall be deemed to be the SAP applicable in respect of such Order. If Nucleus Connect and the Contracting QP are not able to mutually agree on a new RFS Date within five (5) Business Days or any other mutually agreed timeframe after initiation of discussions thereon by either of them, the Contracting QP acknowledges and agrees that that shall constitute a cancellation of such Approved Project Schedule whereupon paragraph 10.3 shall apply and this Service Schedule shall lapse, unless Nucleus Connect is separately providing L3 Virtual Routing Domains to the Contracting QP at the time, in which case this Service Schedule shall remain in force. 6.4 In relation to an Approved Project Schedule, if Nucleus Connect fails to meet the SAP in respect thereof, subject to paragraphs 6.5 and 6.7, Nucleus Connect shall compensate the Contracting QP by way of a credit rebate of $100 for each day of delay, subject to a maximum of $2,000. The amount of the rebate will be credited into the Contracting QP’s account after it has been processed by Nucleus Connect and will be reflected in Nucleus Connect’s next invoice to the Contracting QP in accordance with Nucleus Connect’s billing cycle. 6.5 In order for the Contracting QP to be granted the rebate referred to in paragraph 6.4, it shall submit a claim therefor within thirty (30) days of the completion of the relevant calendar month on which the applicable SAP was measured. The Contracting QP acknowledges and agrees that a failure to make a claim within the said thirty (30) - day period means that the Contracting QP waives any entitlement to the payment in respect of that claim. 6.6 If the Contracting QP disputes Nucleus Connect’s record on the applicable SAP and/ or the amount of rebate, the Contracting QP shall not be entitled to be credited with any rebate until and unless the dispute has been resolved. Disputes shall be resolved in accordance with Annex 2 or Annex 3 of the Master ICO Agreement, as applicable. 6.7 The Contracting QP shall not be entitled to make any claim pursuant to paragraph 6.4 where Nucleus Connect’s inability to meet the applicable SAP is attributable to events outside Nucleus Connect’s reasonable control, provided that delays attributable to Nucleus Connect’s contractors and suppliers shall not be regarded as events outside Nucleus Connect’s reasonable control. 6.8 The Contracting QP acknowledges and agrees that: (a) in order for the L3 Virtual Routing Domain(s) to be set up, it must have procured the relevant QP-EVPL Service Port (Core Layer) and PB-EVC (per Aggregation Layer); (b) it is responsible for procuring sufficient QP-EVPL Service Ports at Core/Aggregation Layers and PB-EVC/AG-EVC bandwidth to support its End-User traffic. The PB-EVC(s)/AG-EVC(s) shall be dedicated only for the purpose of transporting End-User traffic over the L3 Virtual Routing Domain(s) and to the QP-EVPL Service Port; (c) it is responsible for the IP address space of the L3 Virtual Routing Domain(s); (d) it must procure and maintain, at its own cost, any equipment or software needed to receive or use, and for the testing and commissioning of, the L3 Virtual Routing Domain(s); and (e) Nucleus Connect will not be responsible for any equipment and software used by the Contracting QP to receive or use the L3 Virtual Routing Domain(s). Nucleus Connect will also not be responsible for any loss or damage caused by or as a result of the use of such equipment or software, whether in conjunction with the L3 Virtual Routing Domains or not.
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