Paragraph 2nd. As of January 1st, 2008, the factor of transference X will be established by Anatel based on methodology considering the optimization of the costs of service rendering, as per terms of the regulation.
Paragraph 2nd. At Anatel’s criterion, the procedure foreseen in this clause can also be used for the purposes of establishment of values to be returned, at the time of anticipation of the goals foreseen in the present Contract.
Paragraph 2nd. The changes mentioned in the present clause do not exclude the possibility of revision, at any time, of the present Contract as a result of the supervenience of relevant fact, at Anatel’s criterion.
Paragraph 2nd. Alternatively or complementarily to the indemnity referred to in the previous paragraph, Anatel may accept the transfer of assets that have been given in guarantee of its own financing, subrogating them in the installment that has not yet been paid.
Paragraph 2nd. The costs referring to the resources necessary to allow the implementation and the operation of the portability of access codes should be fully assumed by the Concessionaire when this has to do with its own network.
Paragraph 2nd. The declaration of caducity will not suppress the application of the pertinent penalties as per the terms of the Contract by infractions practiced by the Concessionaire, nor will it harm the right to indemnity defined in the terms of the subsequent Chapter.
Paragraph 2nd. The infraction prescribed in item II above will have its severity defined exclusively as a result of the general criteria prescribed in clause 26.2 and will be characterized by the conduct of the Concessionaire that, directly or indirectly, may bring loss to the competition in the sector, especially:
Paragraph 2nd. The date of the establishment of the service rendering contract between user and provider defines the chronological order of servicing to the request of the resources by the Concessionaire.
Paragraph 2nd. After the extinction of the concession, Anatel will proceed to the surveys, evaluations and liquidations that may be required, within 180 (one hundred and eighty) days counting from the assumption of the service, except in the hypothesis of end of the contractual time period, when these measures must be adopted by Anatel in advance.
Paragraph 2nd. In the cases of conflict between the Concessionaire and other telecommunication service renderers in the establishment of fair and reasonable values, Anatel, may, cautiously, determine such values, time periods for the fulfilling and any other elements essential to the effectiveness of the cautionary decision.