29 APRIL NEW ZEALAND GAZETTE 1383

emergency, no consultation will be required (but in that event the Telecom ROC will notify the Service Operator as soon as possible after the suspension or restriction has been implemented).

4.4 In all circumstances except those described in Clauses 4.2.5, 4.2.6, 4.2.9 and 4.2.10, the suspension or restriction of that Telecom ROC’s Network Service will be to the minimum extent practicable so as to limit disruption to Service Operator’s Network Service.

4.5 Each respective Telecom ROC shall provide to the Service Operator that Telecom ROC’s Network Service of a quality comparable to the network service provided by that Telecom ROC to its other customers (including any other member of the Telecom Group). Each respective Telecom ROC may withdraw as part of that Telecom ROC’s Network Service the delivery, offer of delivery and acceptance of a particular type of Call, or the provision of a particular type of service on giving the Service Operator no less than 3 months’ notice (or such lesser notice period as is given in respect of the withdrawal of that particular type of call or service, as the case may be) for that Telecom ROC’s other customers) PROVIDED THAT no such Telecom ROC’s Network Service shall be withdrawn unless that Telecom ROC is withdrawing that particular type of call or service from all of its customers (including any other member of the Telecom Group).

4.6 It is acknowledged by the parties that in recognition of the necessity to preserve privacy of persons who are both Service Operator’s End Users and end users of network services of Telecom Group, the provision of any automatic number identification information as part of a Telecom ROC’s Network Service is made by that Telecom ROC subject to the following conditions:

4.6.1 the Service Operator, its officers, employees, contractors and agents will not use the automatic number identification information except for the purpose of charging the Service Operator’s Customers and carrying out the Service Operator’s internal telecommunications operator services;

4.6.2 notwithstanding the provisions of Clause 22.2.3, the Service Operator will not disclose the automatic number identification information to any person or persons other than those officers or employees of the Service Operator directly concerned in:

4.6.2.1 the process of charging of the Service Operator’s Customers; or

4.6.2.2 the Service Operator’s internal telecommunications operator services;

4.6.3 the Service Operator will use its best efforts to cause compliance with the provisions of Clauses 4.6.1 and 4.6.2 by its officers, employees, contractors and agents.

4.7 The parties agree that access to 111 service will be agreed between the parties and will be on the basis of line-side access.

5. CHARGES

5.1 Except where they are recovered by Telecom Group from the Service Operator under any other agreement, and subject to Clause 16.6, the Service Operator shall pay all charges of a Telecom ROC (whether they accrue before or after the date of commencement of this Agreement set out in Clause 18.1) for and in respect of providing, installing, testing and making operational any of that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service. Such charges shall cover without limitation:

5.1.1 all rental, hire or purchase of any additional equipment (including parts), apparatus and materials which must be obtained by that Telecom ROC principally for use in installing, testing and making operational any of that Telecom ROC’s Equipment, which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator;

5.1.2 all labour of that Telecom ROC’s employees, employed in installing, testing and making operational any of that Telecom ROC’s Equipment which is required in connection with providing that Telecom ROC’s Network Service to the Service Operator, such employees