29 APRIL NEW ZEALAND GAZETTE 1405

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19.2 Notwithstanding anything in Clause 19.1, any notice required to be served upon or given to the Service Operator under Clause 6.16 shall be in writing and signed by the Managing Director (or in his or her absence, the Company Secretary) of the Principal ROC and shall be served or given by either personal delivery to the [Chief Executive Officer] (or, in his or her absence, the Company Secretary) of the Service Operator at the address set out below, or by transmission by facsimile to the facsimile number set out below marked to the attention of the [Chief Executive Officer] of the Service Operator, and in either case such notice shall be deemed to be served or given immediately.

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19.3 Notwithstanding anything in Clause 19.1, any notice required to be served or given by the Service Operator or the Principal ROC under Clauses 2, 6.14.2 or 9.4 shall be in writing and shall be served or given by either personal delivery to the appropriate address set out in Clause 19.1 or by transmission by facsimile to the appropriate facsimile number set out in Clause 19.1 and marked to the attention of the appropriate person set out in Clause 19.1, and in either case such notice shall be deemed to be served or given immediately.

20. AMENDMENT

20.1 Subject to Clauses 20.2 to 20.4 (inclusive) and Clauses 3.3, 3.4 and 3.5, no variation, modification or waiver of any provisions of this Agreement shall in any event be of any force or effect unless the same is in writing signed by all parties hereto.

20.2 Subject to Clauses 20.3 and 20.4, All ROCs may (after first consulting with the Service Operator) from time to time amend Schedule E by notice given by the Principal ROC to the Service Operator. Any notice may itemise the amendments or may set out the new Schedule E which shall apply in lieu of the previous Schedule E. The amendment shall take effect on the date specified in the notice, or the date 3 months after the date of the notice, whichever is the later.

20.3 Notwithstanding anything in Clause 20.2, but subject to Clause 20.4:

20.3.1 where a Telecom ROC makes any change to that Telecom ROC's Network in accordance with Clause 16.1, and such change necessitates a new Schedule E to apply in lieu of the existing Schedule E, the Principal ROC shall serve notice on the Service Operator of such required amendment no later than 3 months prior to the effective date of the change referred to in the notice under Clause 16.1.3 and such amendment shall take effect on the effective date of the change;

20.3.2 where a Telecom ROC makes any change to that Telecom ROC's Network under Clauses 16.2 to 16.4, (inclusive) and such change necessitates a change to Schedule E, the Principal ROC may effect the change by serving notice on the Service Operator at any time.

20.4 Notwithstanding anything in Clauses 20.2 and 20.3.1, the notice provisions of those clauses may (in any particular case) be waived or substituted by other notice provisions by agreement in writing between the Principal ROC and the Service Operator where the parties wish to expedite the implementation of the particular change.