Common use of The System Clause in Contracts

The System. The Service Provider shall provide the System substantially in accordance with Appendix A and, subject to Clause 4.6 and Clause 8, any other relevant technical standards notified by any Competent Authority to the Service Provider or to the Client from time to time) and if applicable, in accordance with the Roll Out Plan. The Service Provider shall provide or procure the provision of the Services and the System. The Client shall provide such material for test transmissions by the Service Provider as the Service Provider considers reasonably appropriate. The Client shall not be entitled to challenge the completion of the installation of the System at any Site for any reason other than the failure of the requisite tests in compliance with Appendix A. If at any time the Service Provider is of the view that any date in the Roll Out Plan, if any, will not be met, then it will promptly advise the Client. The Service Provider will keep the Client reasonably informed of progress of the planning and the installation of any Roll Out Plan, if any. The Service Provider acknowledges that it may become appropriate for modifications to the technical requirements of the System to be made during the Term and that requests for changes must be made by the Client in accordance with the Change Control Procedure. The Service Provider may substitute any Site or Equipment (in each case, a “Relevant Item”) as required and, in the case of any Equipment, after consultation with, and taking due account of any legitimate concerns of, the Client (save where, in the case of Equipment, the substitution forms part of standard first-line corrective maintenance practice to exchange a faulty unit with a replacement of identical or reasonably equivalent functionality). The Client acknowledges that the Service Provider is only a licensee of some Sites and that if the owner of any Site wishes to dispose of, or decommission it, the Service Provider’s licence may be terminated. In the event a licence is to be terminated, the Service Provider shall as soon as is reasonably practicable after it has become aware of such fact, notify the Client of such proposed termination. The Service Provider will use reasonable endeavours to ensure that any substitute Site or Equipment shall be broadly equivalent to and in any event not result in a material degradation of service from the service previously available from the Site or Equipment being replaced.