30 OCTOBER NEW ZEALAND GAZETTE 3661

other information as shall be agreed between the parties, for the year ending on the date 1 month prior to the date on which the forecast is to be supplied. Such information shall be supplied by the Principal ROC free of charge where:

16.7.1 the provision of the information is part of the on-going mutual planning sessions to assist in the dimensioning of the Interconnect Links; and

16.7.2 the provision of the information does not require Telecom to place additional demands upon time and resources. For these purposes it is agreed that the provision of the information does not place additional demands upon time and resources where the provision of such information is part of the normal services provided by Telecom free of charge to comparable interconnecting parties or any other customer of the Telecom Group.

In all other cases, the Service Operator shall pay Telecom’s reasonable charges for the provision of such information.

16.8 It is acknowledged by Telecom that the Service Operator may from time to time during the term of this Agreement require:

16.8.1 changes in the number and/or location of Service Delivery Points;

16.8.2 change in the number and/or location of Interconnect Links.

It is agreed by the Service Operator that any changes in the number of Interconnect Links requested by the Service Operator shall comply as a minimum with the relevant PTC Specifications and CCITT recommendations relating to traffic measurement, forecasting and to grades of service to be applied to traffic routes concerned.

16.9 The Service Operator shall serve the following notices on the Principal ROC setting out details of changes described in Clause 16.8 which it expects it will require:

16.9.1 notice setting out the expected required changes (if any) for the next year. The first such notice shall be served on the Principal ROC no later than 6 months after the commencement date of this Agreement set out in Clause 18.1 and the subsequent notices shall be served on the Principal ROC on the anniversary of the date that the first notice was served. For avoidance of doubt, any notice given under this Clause 16.9.1 shall be indicative only and shall not be binding on the Service Operator;

16.9.2 notice setting out the expected required changes and the required dates for their implementation. Each such notice under this Clause 16.9.2 shall be served on the Principal ROC no later than 6 months prior to the earliest required date for the implementation of any change referred to in the notice.

Any notice served on the Principal ROC under Clause 16.9.1 or Clause 16.9.2 shall include the following information:

16.9.3 details of route and circuit allocations;

16.9.4 translator and routing information relating to the expected change, including numbering changes;

16.9.5 details of any amendments which the Service Operator wishes to be made to Schedule 1 as a result of the expected change.

16.10 No later than 1 month after the date of the Service Operator’s notice under Clause 16.9.2, the Principal ROC shall serve notice on the Service Operator setting out details of:

16.10.1 the Interconnect Links (and their associated Service Delivery Points) referred to in the Service Operator’s notice which the respective Telecom ROCs agree to provide, subject to agreement on Installation Dates and End Dates;

16.10.2 the Interconnect Links (and Service Delivery Points) referred to in the Service Operator’s notice which the respective Telecom ROCs agree to decommission, subject to agreement on dates for such decommissioning.

16.11 On receipt of the Principal ROC’s notice, the Service Operator shall liaise with the Principal ROC with a view to agreeing the Installation Dates and End Dates for the new Interconnect Links, the End Dates for the new Service Delivery Points and the dates for decommissioning (if any) of existing Interconnect Links and Service Delivery Points. Unless otherwise agreed in writing between the Principal ROC and the Service Operator, in no circumstances shall the date of decommissioning for an Interconnect Link or Service Delivery Point occur on or before the End Date for that Interconnect Link or Service Delivery Point. Where such Installation Dates, End Dates and dates for decommissioning (if any) are agreed:

16.11.1 the parties shall amend Items 2 and 3 of Schedule C, and Schedule G, in accordance with the provisions of Clause 20.1, to reflect the agreement reached between them under Clause 16.10 and this Clause 16.11; and then

16.11.2 the relevant Telecom ROCs and the Service Operator shall carry out their respective obligations as set out in Clauses 2.4, to 2.8 (inclusive) and Clauses 16.12 and 16.13.

16.12 Where it has been agreed pursuant to Clause 16.11 that an Interconnect Link or a Service Delivery Point which forms part of a Telecom ROC’s Network shall be decommissioned by a date agreed pursuant to Clause 16.11, that Telecom ROC shall use its reasonable endeavours to decommission that Interconnect Link or Service Delivery Point by such agreed date for decommissioning.

16.13 Where any changes are agreed between the Principal ROC and the Service Operator pursuant to Clauses 16.10 and 16.11, which will result in the removal of any of a Telecom ROC’s Equipment from the Service Operator’s Premises, the Service Operator shall pay to that Telecom ROC all charges for and in respect of disconnection and removal as described in Clause 5.2 relating to any such disconnection and removal of that Telecom ROC’s Equipment. That Telecom ROC shall indemnify the Service Operator in respect of any physical damage thereby caused to the Service Operator’s Premises and any fixtures and fittings of the Service Operator’s Premises in that Telecom ROC carrying out any such disconnection works and repossessing that Telecom ROC’s Equipment that is a direct consequence of the sole negligence of that Telecom ROC or Telecom Group or their officers, employees, contractors or agents.