30 OCTOBER NEW ZEALAND GAZETTE 3647

1.38 “PTC Specifications” means those applicable specifications issued by TCNZ which are described in Schedule E (as amended from time to time pursuant to Clauses 20.1 to 20.4 (inclusive)).

1.39 “Schedules” means the schedules to this Agreement listed in Schedule L.

1.40 “Service Delivery Points” means the electrical interfacepoints to and from which a Telecom ROC may:

1.40.1 deliver Calls from that Telecom ROC’s Network to the Service Operator’s Network;

1.40.2 accept Calls from the Service Operator’s Network;

which are situated at the locations set out in Item 2 of Schedule C.

1.41 “Service Operator” means the Service Operator named on the first page of this Agreement.

1.42 “Service Operator’s Customer” means a person having a contractual relationship with the Service Operator for the use of Service Operator’s Network Service by that person but does not include a Telecom ROC or TCNZ or any other member of the Telecom Group.

1.43 “Service Operator’s End User” means any person who originates a Call, whether within a Telecom ROC’s Network, or any other network of any kind or description whatsoever, but does not include a Telecom ROC or TCNZ.

1.44 “Service Operator’s Equipment” means any and all equipment, apparatus or materials (including but not limited to any Link or combination of Links) or part thereof which comprises the Service Operator’s Network or which is otherwise used directly or indirectly by the Service Operator to enable the Service Operator to provide the Service Operator’s Network Service, but, for the avoidance of doubt, does not include a Telecom ROC’s Equipment.

1.45 “Service Operator’s Network” means the system comprising Links and equipment Connected together by which the Service Operator’s Network Service is made available to the Service Operator’s End Users, but does not include a Telecom ROC’s Network, or any network of any third party of any kind or description.

1.46 “Service Operator’s Network Service” means the telecommunication services set out in Schedule D.

1.47 “Service Operator’s Premises” means any premises owned or leased by the Service Operator described in Clause 14.1 and the services and facilities or relating to such premises referred to in Clause 14.1.2.

1.48 “The Telecom List of Charges” in relation to a Telecom ROC, means the list of charges as determined by TCNZ from time to time in respect of services provided by Telecom Group, the authoritative version of which is held at the registered office of TCNZ.

1.49 “Telecom” shall be read as referring collectively to All ROCs and TCNZ.

1.50 “Telecom Group Services” means all services purchased by the Service Operator from the Telecom Group.

1.51 “Telecom Group” means, jointly and severally, TCNZ and each and all of its subsidiaries now or from time to time (within the meaning of section 158 of the Companies Act 1955) and includes any member of the Telecom Group including each Telecom ROC.

1.52 “Telecom ROC” shall be read as referring to any of the companies listed in Item 1 of Schedule A, their successors and assigns.

1.53 “Telecom ROC’s Equipment” means, in relation to a Telecom ROC, any and all equipment, apparatus or materials (including but not limited to any Link or combination of Links) or part thereof which comprises that Telecom ROC’s Network or which is otherwise used directly or indirectly by that Telecom ROC to enable that Telecom ROC to provide that Telecom ROC’s Network Service to the Service Operator.

1.54 “Telecom ROC’s Network” means, in relation to a Telecom ROC, the system of that Telecom ROC comprising Links and equipment Connected together by which that Telecom ROC’s Network Service is made available to the Service Operator, and includes (without limitation) the Service Delivery Points and the Interconnect Links of that Telecom ROC.

1.55 “Telecom ROC’s Network Service” means, in relation to a Telecom ROC, the telecommunication services of that Telecom ROC as more particularly described in Item 1 of Schedule C.

1.56 “Telecom ROC’s Telephone Exchange”, in relation to a Telecom ROC, shall be read as referring to a telephone exchange (which is selected by that Telecom ROC and which forms part of that Telecom ROC’s Network), which serves a Point of Interconnection.

1.57 “Working Day” means a day other than a Saturday, a Sunday or a statutory holiday.

In this Agreement:

1.58 The singular includes the plural and vice versa.

1.59 The headings to the clauses are included for convenience only and do not constitute a part of this Agreement.

1.60 Any reference in this Agreement to “month” shall mean calendar month.

1.61 Words denoting natural persons only shall include corporations and vice versa and words denoting one gender shall include every other gender.

1.62 Except as specifically provided in this Agreement, all references to clause numbers shall be read as references to clauses of these Terms and Conditions of Interconnection set out in this Schedule B.

1.63 Where there is conflict between the PTC Specifications and the other terms and conditions of this Agreement, the other terms and conditions of this Agreement shall prevail.

1.64 Any reference to any statute or regulation shall be deemed to be a reference to that statute or regulation as it may from time to time be amended or re-enacted.