Provider Reference Infrastructure Sharing Offer
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19.7
For the avoidance of doubt, the Parties agree that notwithstanding service of a
review notice this Infrastructure Sharing Agreement shall remain in full force and
effect.
19.8
If the Parties fail to reach agreement on the subject matter of a review notice
within three (3) calendar months (the relevant period) in each case from the date
of service of such review notice, either Party may, not later than one calendar
month after the expiration of the relevant period, request in writing for the
Authority to determine:
i. the matters upon which the Parties have failed to agree;
ii. whether this Infrastructure Sharing Agreement should be modified to take
account of such matters; and, if so
iii. the amendment or amendments to be made.
19.9
The Parties shall enter into an agreement to modify or replace this Infrastructure
Sharing Agreement in accordance with what is agreed between the Parties to
conform with the Authority‟s determination.
19.10 The Parties may, at any time, agree in writing a variation to the time periods
specified above in relation to a particular review notice.
20.
Force Majeure
20.1
Neither Party shall be liable for any breach of this Infrastructure Sharing
Agreement caused by acts of God, insurrection or civil disorder, war or military
operations, national or local emergency, acts or omissions of government,
highway authority or other competent authority, compliance with any statutory,
regulatory or legal obligation, industrial disputes of any kind (other than a strike or
lockout induced by the party so incapacitated), fire, lightning, explosion, flood,
subsidence, weather of exceptional severity, acts or omissions of persons for
whom neither Party is responsible or any other cause whether similar or
dissimilar outside its reasonable control and any such event or circumstance is a
force majeure.
20.2
The Party initially affected by a force majeure shall promptly notify the other of the
estimated extent and duration of its inability to perform or delay in performing its
obligations (“force majeure notification”).
20.3
Upon cessation of the service effects of the force majeure the Party initially
affected by a force majeure shall promptly notify the other of such cessation.
20.4
If as a result of a force majeure, the performance by the Party, initially affected, of
its obligations under this Infrastructure Sharing Agreement is affected, such Party
shall, subject to the provisions of clause 20.6, perform those of its obligations not
affected by a force majeure. In performing those of its obligations not affected by
a force majeure, the Party initially affected by a force majeure shall deploy its
resources such that (when taken together with other obligations to its customers
and Third Parties) there is no undue discrimination against the other Party.
20.5
To the extent that a Party is prevented as a result of a force majeure from
providing all of the services or facilities to be provided under this Infrastructure
Sharing Agreement, the other Party shall be released to the equivalent extent
DATE
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