Provider Reference Infrastructure Sharing Offer
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16.6
If a Party is in material breach of this Infrastructure Sharing Agreement (including
failure to pay an undisputed sum due hereunder), the other Party may serve a
written notice (the “breach notice”) on the Party in breach specifying the breach
and requiring it to be remedied within:
16.6.1
16.6.2
thirty (30) calendar days from the date of receipt of such breach notice;
or
in case of emergency (excluding financial obligations) within such
shorter period as the Party not in breach may reasonably specify.
16.7
If the Party in breach fails to remedy the breach within such period as may be
specified by the Party not in breach pursuant to clause 16.8 the Party not in
breach may, until such breach is remedied, suspend performance of such of its
obligations under this Infrastructure Sharing Agreement as is reasonable in the
circumstances.
16.8
If the Party in breach fails to remedy the breach within the period stated in the
breach notice, the Party not in breach may terminate this Infrastructure Sharing
Agreement on three (3) months' written notice provided always that if the Party in
breach remedies the breach within such three (3) months‟ notice period, this
Infrastructure Sharing Agreement shall not terminate as a result of such notice.
16.9
This Infrastructure Sharing Agreement may be terminated by either Party by
written notice forthwith (or on the termination of such other period as such notice
may specify) if the other Party:
16.9.1 is unable to pay its debts within the meaning of the companies law (Law
No 07/2009 of 24/04/2009 relating to companies)
16.9.2 has a Receiver or Examiner appointed or has been subject to an
application for the appointment of a receiver or an Examiner in relation to
all or any of its assets or an encumbrancer has taken possession of all or
a material part of its assets; or
16.9.3 has an order made or a resolution passed for its winding up (other than for
the purpose of amalgamation or reconstruction); or
16.9.4 enters into a voluntary arrangement with creditors under the Companies
law or
16.9.5 ceases to carry on business.
17.
Confidentiality
17.1
The Parties agree to treat all confidential information defined as such in Annex E
hereof as confidential in accordance with the terms and conditions outlined in
Annex E hereof.
17.2
The contents of this Infrastructure Sharing Agreement, either in one or more parts
or in its entirety, may not be divulged to any Third Party, with the exception of the
Authority, without the written consent of both Parties.
DATE
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