Provider Reference Infrastructure Sharing Offer
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telecommunications operator in performing its obligations under this Infrastructure
Sharing Agreement.
22.2
Subject to clause 22.3, if a Party is in breach of any of its obligations under this
Infrastructure Sharing Agreement to the other Party (excluding obligations arising
under this Infrastructure Sharing Agreement to pay moneys in the ordinary course
of business), or otherwise (including liability for negligence or breach of statutory
duty) such Party's liability to the other shall be limited to [insert the amount].
22.3
Neither Party shall be liable to the other in contract, tort (including negligence
breach of statutory duty) or otherwise for loss (whether direct or indirect)
profits, business or anticipated savings, wasted expenditure or for any indirect
other consequential loss whatsoever arising in connection with the operation
this Infrastructure Sharing Agreement, howsoever caused.
22.4
Each provision of this clause 22 is a separate limitation applying and surviving
even if one or more such provisions is inapplicable or held unreasonable in any
circumstances.
23.
Assignment of Rights and Obligations
23.1
Unless otherwise agreed in writing, and subject to clause 23.2, no rights, benefits
or obligations under this Infrastructure Sharing Agreement may be assigned or
transferred, in whole or in part, by a Party without the prior written consent of the
other Party.
23.2
No consent is required under clause 23.1 for an assignment of rights, benefits or
obligations under this Infrastructure Sharing Agreement (in whole or in part) to a
successor to all or substantially all of the assigning Party's Network to an
associated company provided that such successor or Associated Company shall
have had a licence granted to it to run the Network of the assigning Party.
23.3
The assigning Party shall promptly give notice to the other Party of any
assignment permitted to be made without the other Party's consent. No
assignment shall be valid unless the assignee/successor agrees in writing to be
bound by the provisions of this Infrastructure Sharing Agreement.
24.
Notices
or
of
or
of
A notice shall be duly served if:
24.1
delivered by hand, at the time of actual delivery; or
sent by facsimile, upon its receipt being confirmed; or
sent by registered delivery post,
Except if otherwise specifically provided all notices and other communications
relating to this Infrastructure Sharing Agreement (Level 1) shall be in writing and
shall be sent as follows:
If to the Infrastructure Seeker:
Contact Telephone
DATE
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