Provider Reference Infrastructure Sharing Offer
______________________________________________________________________
from its obligations to make payment for such services or facilities or complying
with its obligations in relation thereto.
20.6
Following a force majeure notification and if the effects of such force majeure
continue for:
20.6.1 a continuous period of not more than six (6) months from the date of the
force majeure notification (whether or not notice of cessation has been
given pursuant to clause 20.3) any obligation outstanding shall be fulfilled
by the Party initially affected by the force majeure as soon as reasonably
possible after the effects of the force majeure have ended, save to the
extent that such fulfilment is no longer possible or is not required by the
other Party;
20.6.2 a continuous period of six (6) months or more from the date of the force
majeure notification (and notice of cessation has not been given pursuant
to clause 23.3), the Party receiving the force majeure notification shall be
entitled (but not obliged) to terminate this Infrastructure Sharing
Agreement by giving not less than thirty (30) working days written notice
to the other Party, provided that such notice shall be deemed not to have
been given if notice of cessation is received by the Party receiving the
force majeure notification prior to the expiry of the thirty (30) working days
notice. If this Infrastructure Sharing Agreement is not terminated in
accordance with the provisions of this clause 20.6.2, any obligations
outstanding shall be fulfilled by the Party initially affected by the force
majeure as soon as reasonably possible after the effects of the force
majeure have ended, save to the extent that such fulfilment is no longer
possible or is not required by the other Party.
21.
Credit Assessment and Credit Risk Management
21.1
It is a condition precedent to this Agreement that the Infrastructure Seeker shall
provide to Provider such financial security (whether by way of deposit, guarantee
or otherwise) as Provider in its reasonable and fair opinion considers appropriate
as proportionate security against the Infrastructure Seeker‟s non-compliance with
or non-observance of any of the provisions hereof (including without limitation the
failure to pay charges), unless otherwise agreed by Provider in writing.
21.2
Provider may, at any time, require the Infrastructure Seeker to enter into bank or
other guarantees or to provide some other form of financial security, (for example
a deposit) which in the reasonable and fair opinion of Provider is/are appropriate
as proportionate security against Infrastructure Seeker‟s non-compliance with or
non-observance of any of the provisions hereof (including failure to pay charges
due). Provider reserves the right to treat refusal to provide such security or failure
to provide such security within thirty (30) days (or such longer period as Provider
may reasonably allow) of the date of Provider’s request for the security as a
breach of this Agreement by Infrastructure Seeker.
22.
Limitation of Liability
22.1
Neither Party has an obligation of any kind to the other Party beyond an
obligation to exercise the reasonable skill and care of a competent
DATE
Page 15