The CONTRACTED Clause Samples

The CONTRACTED. PARTIES acknowledge that the execution of the services described herein may interfere adversely with the operation and functioning of the CONTRACTING PARTIES’ telecommunications network. Thus, the CONTRACTED PARTIES assure the CONTRACTING PARTIES that no interference shall affect the telecommunications services rendered by the CONTRACTING PARTIES to third parties; the CONTRACTED PARTIES shall be responsible for all damages that the CONTRACTING PARTIES may incur in, as a result of possible interruptions or losses in the rendering of services, subject to the limit of ten per cent (10%) of the total amount of PO’s issued until the date of damage.

The CONTRACTED. PARTIES are fully aware that rendering services to the assisted operation shall only become possible after the startup of the commercial operation of the Telecommunications network which, in turn, depends on the prompt and correct fulfillment of the obligations undertaken by the CONTRACTED PARTIES in the CORE Supply Agreement, its being hereby agreed that, should the activities of the CONTRACTED PARTIES as described herein in connection with assisted operation have to be suspended because of delays brought about by the latter or nonfeasance of their obligations as stipulated in the CORE Supply Agreement, all direct or indirect costs incurred by the CONTRACTED PARTIES as a result of the aforementioned suspension shall be born only by the themselves, at no cost whatsoever to the CONTRACTING PARTY.

The CONTRACTED. PARTIES may on a semi-annual basis, during the effectiveness period of licenses and by means of prior notice to the CONTRACTING PARTY, carry out measurements, so that to assess if the licenses are being used as per quantities set forth in the PO. Should the CONTRACTING PARTY have been using quantities above the contract, it shall issue PO’s within no later than five (5) business days as from the receipt of corresponding IPI, as per amounts provided for in LUP and always within a scale of twenty per cent (20%), as per examples below, or immediately cease their use, in this assumption, with no amount being due in this regard. Examples: Scenario A) – Measurement verifies the additional use of 18% Collection: additional 20% Scenario B) – Measurement verifies the additional use of 31% Collection: additional 40% Scenario C) – Measurement verifies the additional use of 45% Collection: additional 60%

The CONTRACTED. PARTIES shall undertake to supply a table with the prorated value per Site, to be paid in connection with events 1 and 2 mentioned in item 8.1 above. This table shall be submitted to the CONTRACTING PARTIES for approval immediately after this AGREEMENT has been signed.

The CONTRACTED. PARTIES acknowledge that the execution of the services described herein may interfere adversely with the operation and functioning of the third parties’ telecommunication networks. Thus, the CONTRACTED PARTIES are responsible for all damages that the CONTRACTING PARTY may incur in, as a result of possible complaints from third parties as to problems damaging the operation and the running of their telecommunication networks.

The CONTRACTED. PARTIES reserve themselves the right to suspend activities resulting from this AGREEMENT, thirty (30) days after the CONTRACTING PARTY receives an extrajudicial or judicial notice from the former, in the case of unjustified delays in payment in excess of thirty (30) days. This hypothesis applies neither to the cases mentioned in items 8.4, 8.7 and 8.8 above, nor to those cases described in this AGREEMENT in which failure of the CONTRACTING PARTY to pay is expressly authorized and justified.