3654 NEW ZEALAND GAZETTE No. 175

6.14.4 in the case of interest payable in respect of amounts unpaid on the sixth Working Day after the date of resolution of a dispute, from and including the sixth Working Day after the date of resolution of the dispute.

6.15 Where:

6.15.1 the Service Operator does not receive from a Telecom ROC an invoice (dated on a scheduled invoice date notified to the Service Operator by that Telecom ROC under Clause 6.2) before the expiry of 5 Working Days after that scheduled invoice date; and

6.15.2 the Service Operator gives notice to the Principal ROC in accordance with Clause 19.3 no later than the expiry of 1 Working Day after the expiry of the 5 Working Day period referred to in Clause 6.15.1 of failure to receive the invoice described in Clause 6.15.1 ("the late invoice"); and

6.15.3 that Telecom ROC fails to deliver the late invoice or a duplicate copy of it to the Service Operator before the expiry of 2 Working Days after the date on which the Service Operator’s notice referred to under Clause 6.15.2 is served on the Principal ROC;

then notwithstanding Clause 6.14.3, in the event that the amount due from the Service Operator to the Telecom ROC under this Agreement remains unpaid after the Due Date of the late invoice, interest on that amount at the Bill Rate (as at the day after the Due Date) plus 5 percent per annum shall be charged from and including a date which occurs a number of days after the Due Date of the late invoice, such number of days to be calculated in accordance with the following formula:

a — b

Where:

a is the number of days from and including the scheduled invoice date for the late invoice referred to in Clause 6.15.1 to and including the date of delivery of the late invoice to the Service Operator;

b is the number of days from and including the scheduled invoice date referred to in Clause 6.15.1 for the late invoice to and including the expiry of the 2 Working Day period referred to in Clause 6.15.3.

6.16 Where

6.16.1 an amount due from a Telecom ROC to the Service Operator under Clauses 6.6.3 or 6.10 remains unpaid on the sixth Working Day after the date of resolution of the dispute; or

6.16.2 an amount due from a Telecom ROC to the Service Operator under Clause 6.12.3 remains unpaid on the sixth Working Day after the due date of payment of the rebate set out in Clause 6.12.3;

then that Telecom ROC shall be liable to pay to the Service Operator interest on that amount at the Bill Rate (as at the date 6 Working Days after the date of resolution of dispute or the date 6 Working Days after the due date for payment of the rebate as the case may be) plus 5 percent per annum, such interest to be charged from and including the date 6 Working Days after the date of resolution of the dispute (or the date 6 Working Days after the due date for payment of the rebate as the case may be).

6.17 Where the Service Operator fails to pay any amounts due under this Agreement on or before the date of expiry of 10 days from the date of service on the Service Operator of a notice from the Telecom ROC of its intention to suspend or restrict that Telecom ROC’s Network Service, that Telecom ROC may, without terminating this Agreement, suspend or restrict the provision of all or any part of that Telecom ROC’s Network Service at any time. The acceptance by a Telecom ROC of any payment of part of the amounts owing to that Telecom ROC by the Service Operator later than 10 days after the date of service of a notice under this Clause 6.17 or the continued provision of that Telecom ROC’s Network Service after the date 10 days after the service of such a notice shall not constitute a waiver of that Telecom ROC’s rights under this Clause 6.17. A notice served under this Clause 6.17 shall set out details of the amounts unpaid, and shall be served in accordance with the provisions of Clause 19.2, but shall not be served earlier than:

6.17.1 in the case of amounts which remain unpaid after the Due Date of the relevant invoice, the day after the Due Date;

6.17.2 in the case of amounts due from the Service Operator to the Telecom ROC under Clauses 6.6.1 or 6.7 which remain unpaid on the sixth Working Day after the date of resolution of the dispute, the day 6 Working Days after the date of resolution of the dispute.

7. CHARGING OF SERVICE OPERATOR’S CUSTOMERS

7.1 The Service Operator shall arrange for all charging of the Service Operator’s Customers.

8. ACCESS CODE

8.1 The Service Operator shall have no title or interest in any Access Code or listing associated with a Telecom ROC’s Network Service.

8.2 Subject to Clauses 8.3 and 8.4, Telecom may not change an Access Code without first obtaining the prior written consent of the Service Operator to the change, such consent not to be unreasonably withheld. In the event that such consent is obtained, the Principal ROC shall give to the Service Operator reasonable notice before the implementation of the change.

8.3 The Service Operator acknowledges that a Telecom ROC may, without the prior written consent of the Service Operator, change the form into which an Access Code is translated within that Telecom ROC’s Network, where such translation of the Access Code does not affect the Service Operator’s End User’s use of the Access Code to prefix Calls intended for delivery to the Service Operator’s Network. The Principal ROC shall give to the Service Operator reasonable notice before the implementation of any change.

8.4 The Service Operator acknowledges that Telecom may change an Access Code without the prior written consent of the Service Operator where Telecom is required to do so to comply with a change in the CCITT numbering