Common use of PROCEDURE FOR REQUEST FOR SERVICES Clause in Contracts

PROCEDURE FOR REQUEST FOR SERVICES. 2.1. The Requesting Licensee shall submit a Request under either Schedule 3, Schedule 10 or Schedule 11 of the Approved ICO via the NetLink Trust Platform with respect to each NBAP or CO-to-NBAP Connection required. For the avoidance of doubt, the ordering procedures set out in Clause 4 of Schedule 3, Clause 4 of Schedule 10 and Clause 4 of Schedule 11 of the Approved ICO shall apply. 2.2. Subject to charges to be imposed by NLT on the Requesting Licensee on Cost-Oriented Basis, NLT shall conduct a site survey to assess the cable routing for the order related to each NBAP and CO-to-NBAP Connection. NLT shall inform the Requesting Licensee of any applicable one- time Installation Charge for digging or trenching work prior to fulfilling the said order. 2.3. NLT shall commence the fibre deployment from NLT’s designated Central Office to the NBAP TP location specified by the Requesting Licensee subject to the following conditions: 2.3.1. The Requesting Licensee agrees to the one-time Installation Charges for digging or trenching work proposed by NLT pursuant to paragraph 2.2 above; 2.3.2. The Requesting Licensee must provide its acceptance of the service activation period and agreement to pay the one-time charge to NLT within ten (10) Business Days, failing which, the Request shall be deemed cancelled and the Requesting Licensee shall be liable for Cancellation Charges stipulated in Schedule 15 of the Approved ICO in respect of Schedule 3 orders, and Annex 2 in respect of Schedule 10 and Schedule 11 orders. 2.3.3. The Requesting Licensee shall assist NLT by providing access to the necessary existing facilities within the relevant building for the deployment of the NBAP and CO-to-NBAP Connection which may include (but are not limited to) the cable trunking leading to the NBAP TP location. 2.3.4. In the event that NLT is unable to deploy the NBAP or CO-to-NBAP Connection using existing facilities, NLT shall build new ones and recover the cost from the Requesting Licensee on a Cost-Oriented Basis. 2.3.5. In the event that NLT has to incur any additional cost (e.g. special trunking and scaffolding) to carry out the installation work arising from the need to access rooftop sites and/or deploy specialised equipment, NLT shall recover the cost from the Requesting Licensee on a Cost-Oriented Basis. 2.3.6. The Requesting Licensee shall secure access for NLT to carry out any works and to liaise with Building Management where necessary. 2.3.7. For the avoidance of doubt, the Requesting Licensee shall not be permitted to self-provide any NBAP TP under this Agreement. 2.4. For avoidance of doubt, the Requesting Licensee shall not be entitled to any claims pertaining to Service Level Guarantees in relation to any request for a NBAP or CO-to-NBAP Connection provided by NLT pursuant to this Agreement. 2.5. In the event that the Requesting Licensee cancels the Request for a NBAP or CO-to-NBAP Connection after the commencement of the site survey referred to in paragraph 2.2 of this Annex 1 and before accepting the relevant one-time Installation Charges for digging or trenching work, the Request for the NBAP or CO-to-NBAP Connection will be deemed to have been cancelled and the Requesting Licensee shall be liable for the Cancellation Charge stipulated in Schedule 15 of the Approved ICO in respect of the Schedule 3 order or Annex 2 in respect of both the Schedule 10 and Schedule 11 orders. 2.6. In the event that the Requesting Licensee cancels the Request for a NBAP or CO-to-NBAP Connection after accepting NLT’s proposed one-time Installation Charges for digging or trenching work related to the Schedule 3 order, Schedule 10 order or the Schedule 11 order, the Request for the NBAP or CO-to-NBAP Connection will be deemed to have been cancelled and the Requesting Licensee shall be liable for the Cancellation Charge stipulated in Schedule 15 of the Approved ICO in respect of the Schedule 3 order, or Annex 2 in respect of the Schedule 10 and Schedule 11 orders.