and4 Sample Clauses

and4. 1.2.1.2, the affected party shall deliver ahclb\g: \TELKOM. INTERCONNECT AMEND (01/08/21) 11notice in writing to the other party - advisingit of this occurrence and setting out inreasonable detail the basis for its allegations --whereafter the parties shall forthwith meet andnegotiate, in good faith, with a view toadjusting the interconnect rates. Should theparties fail, within 30 (thirty) days of receipt ofthe notice, to reach agreement on appropriateadjustments to be made to the interconnectionrates or to otherwise resolve the matter, sameshall be considered a dispute for purposes ofclause 30 of the Interconnection Agreement.The affected party shall be entitled to reduce,with effect from the date of deemed receipt ofthe notice, the interconnect rates provided forin clauses 4.1.1.1.1 and 4.1.2.1.2 to be equalto the relevant peak interconnect rate providedby the other party to another licensed providerof public switched or public mobile cellulartelecommunication services, or to the peakretail tariff offered by the other party to itscustomers, provided that should finalresolution of the dispute not favour theaffected party it shall promptly pay any sumfound to be due, together with interest thereonhclb\g: \TELKOM. INTERCONNECT_AMEND (01/08/21) 12calculated at the prime overdraft rate chargedby the Standard Bank of South Africa Limited,from time to time. Should Telkom be theaffected party, it shall during the relevantperiod not be considered to be in breach of theprovisions of clause 4.1.2.1.3.4. 2

and4. 1). Where we exercise these rights we will do so in accordance with these Ts & Cs. Glossary These Ts & Cs and the Agreement Summary contain certain words which begin with capital letters. These have particular legal meanings which are explained in the glossary at the end of these Ts & Cs.

and4. 3.2. Notwithstanding the foregoing, in the event that the Agreement, the City Payments or the Sales Tax Payment is overturned or invalidated pursuant to litigation in which Company has provided a defense and/or reimbursed City for costs of defense as provided hereinabove, City agrees that it will reimburse Company the cost and expenses, including reasonable attorney’s fees and any costs or expenses reimbursed to City as provided hereinabove, incurred by Company in defending such claim, provided that, City will only be obligated to reimburse Company as and to the extent that it actually receives and retains Local Sales Tax Revenue. City may, at its discretion, pay such costs out of any available funds or revenue sources, including but not limited to waiver of development impact fees or administrative fees due to the City from Company, or waiver of business license fees charged to Company.