Provider Reference Infrastructure Sharing Offer
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18.
Intellectual property rights
18.1
Except as expressly otherwise provided in this Infrastructure Sharing Agreement,
intellectual property rights shall remain the property of the Party creating or
owning the same and nothing in this Infrastructure Sharing Agreement shall be
deemed to confer any assignment or right or title whatsoever or licence of the
intellectual property rights of one Party to the other Party, and nothing in this
Agreement shall be deemed to restrict the rights of any Party to own, use, enjoy,
licence, assign or transfer its own Intellectual Property.
19.
Review
19.1
A Party may seek to amend this Infrastructure Sharing Agreement by serving on
the other a review notice if:
19.1.1 either Party's licence is materially modified (whether by amendment or
replacement); or
19.1.2 a material change occurs in the law or regulations (including codes of
practice whether or not having the force of law, but issued by a regulatory
authority or an equivalent body) governing telecommunications in
Rwanda; or
19.1.3 Provider ‟s Reference Infrastructure Sharing Offer is changed.
19.2
This Infrastructure Sharing Agreement makes express provision for a review or
the Parties agree in writing that there shall be a review; or
19.2.1 a material change occurs, including enforcement action by any regulatory
authority, which affects or reasonably could be expected to affect the
commercial or technical basis of this Infrastructure Sharing Agreement; or
19.2.2 this Infrastructure Sharing Agreement is assigned or transferred by the
other Party except if prior written consent to the assignment or transfer is
not required under clause 23 hereof; or
19.2.3 there is a general review pursuant to clause 19.4 hereof.
19.3
A review notice shall set out in reasonable detail the issues to be discussed
between the Parties.
19.4
Either Party may initiate a general review of this Infrastructure Sharing
Agreement by serving a review notice during the period of three (3) months
commencing on 1st [insert month] in any year.
19.5
The charges for Infrastructure Sharing Services set out in the attached Services
Schedules at Annex C and the charges contained in Annex D shall, in any case,
be reviewed on an annual basis.
19.6
On service of a review notice, the Parties shall forthwith negotiate in good faith
the matters to be resolved with a view to agreeing the relevant amendments to
this Infrastructure Sharing Agreement.
DATE
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