BILATERAL INTERCONNECT AGREEMENT

This agreement is dated [                         ] day of [                          ] 2007

Between:

(1)  {Company} incorporated in {É} with company number {É} and whose registered office is at {É} (Party A); and

(2)  {Company} incorporated in {É} with company number {É} and whose registered office is at {É} (Party B).

(together Òthe PartiesÓ)

Whereas:

(A)  The Parties each provide services to users of the Internet and each owns a communications network running TCP/IP and other Internet protocols.

(B)  The Parties wish to co-operate in areas including IP Traffic exchange, support for interconnect infrastructure and operational co-ordination in order to improve their service to their customers.

Now it is hereby agreed as follows:

1.      Interpretation

The following provisions shall have effect for the interpretation of this Agreement, unless the context otherwise requires.

    1.1.  ÒAffiliateÓ means any person or entity controlling, controlled by or under common control with either Party;

    1.2.  ÒIPÓ means Internet Protocol, a method or protocol by which datagrams are carried across a communications network;

    1.3.  ÒNetworkÓ means a communications network running Transmission Control Protocol/Internet Protocol (ÒTCP/IPÓ) and other Internet protocols;

    1.4.  ÒAutonomous SystemÓ means a Network or a group of connected Networks which has a single routing policy;

    1.5.  ÒBorder Gateway ProtocolÓ or ÒBGPÓ means the standard inter-Autonomous System routing protocol, with support for both route aggregation and classless inter domain routing (ÒCIDRÓ), in force as at the date of this Agreement or as subsequently modified or replaced from time to time;

    1.6.  ÒInterconnection PointÓ means a point at which the Parties agree to connect their respective Networks under this Agreement;

    1.7.  ÒDirect Interconnection PointÓ means an Interconnection Point at which the Parties agree to connect their respective Networks directly;

    1.8.  ÒPublic Interconnection PointÓ means an Interconnection Point at which three (3) or more Internet service providers may interconnect their Networks using common physical and data-link level media;

    1.9.  ÒTrafficÓ means IP datagrams moving through any Network;

  1.10.  ÒPeering SessionÓ means the exchange of BGP signalling information and of Traffic in both directions across an Interconnection Point to which each Party has connected a router;

  1.11.  ÒRouted NetworkÓ means a Network identified by a public IP network prefix and mask pair which is advertised in a Peering Session by one Party and which relates to one of its own Networks, or to one of its customerÕs Networks, or to a Network belonging to anyone with whom that Party has an agreement to advertise their Networks;

  1.12.  ÒThird Party NetworkÓ means any Network which is not one of either PartyÕs Routed Networks;

  1.13.  ÒTransit TrafficÓ means Traffic from one Party which travels through the Network of the other Party before delivery of such Traffic to a Third Party Network.

  1.14.  Any reference to laws or statutory provisions, regulations or policies shall be construed as a reference to those provisions, regulations or policies as amended or re-enacted or as their application is modified by other provisions from time to time and shall include references to any provisions of which they are re-enactments (whether with or without modification).

  1.15.  References to Òthis AgreementÓ or to any other agreement or document referred to in this Agreement are to this agreement or such other agreement or document as amended, varied, supplemented, modified or novated from time to time.

  1.16.  Reference to the Parties are to the Parties to this Agreement and include their respective permitted assignees and/or, in the case of other persons, successors in title to substantially the whole of their respective undertakings.

  1.17.  References to persons shall include bodies corporate and unincorporated associations, partnerships and individuals.

  1.18.  References to the singular shall include the plural and vice versa.

  1.19.  Headings to Clauses are for information only and shall not form part of the operative provisions of this Agreement and shall be ignored in construing the same.

2.      Scope

This Agreement shall apply only to Peering Sessions between the PartiesÕ respective Networks.

3.      Connectivity and Network Peering

    3.1.  The Parties agree to establish Peering Sessions between their respective Networks at the Public Interconnection Points set out in Schedule B and at the Direct Interconnection Points set out in Schedule C, provided each Party meets the operational requirements set out in Schedule A. Each Party shall provide, at its own expense and upon a mutually agreed timetable, a connection from its Network to each Interconnection Point. Each Party will bear 50% of all the costs associated with the establishment and maintenance of the Direct Interconnection Points, unless otherwise agreed by both parties in writing.

    3.2.  The Parties agree that the BGP signalling information and the Traffic exchanged in a Peering Session will be for the Routed Networks of each Party only. Furthermore, neither Party will use the Peering Session, or cause it to be used for Transit Traffic.

    3.3.  The Parties agree that the BGP signalling information exchanged in each Peering Session will include all of the PartiesÕ Routed Networks except as agreed and set out in Schedule D.

    3.4.  Either Party may at its discretion prevent routing of Traffic to or from Third Party Networks.

    3.5.  Either Party may at its discretion filter Traffic on its Network if there are reasonable technical, security or legal concerns for the integrity and operation of its Network.  In the event of a threat to the integrity and operation of its Network, either Party may, subject to giving reasonable prior notice and requesting the other Party to take action to remedy or control an event that threatens the operation of the first Party's network, suspend the Peering Session between the Networks.  Once the event giving rise to the suspension is remedied the Parties shall re-establish the Peering Session.

    3.6.  Subject to Clauses 3.4 and 3.5, neither Party is permitted to restrict the use of its Network by the other Party based on the content of the Traffic being exchanged, except as required or permitted under relevant laws, regulations or policies.

    3.7.  Neither Party will establish a route of last resort directed towards the other PartyÕs Network.

    3.8.  The exchange of Traffic under this Agreement will be settlement free unless otherwise mutually agreed by both Parties or if regulatory changes require a charge to be made

4.      Term and Termination

    4.1.  This Agreement shall come into force on the date of execution and shall continue in force for an initial term of twelve months (12) and shall continue thereafter unless terminated at any time by either Party giving to the other Party ninety (90) daysÕ written notice thereof such notice not to expiry before the end of the initial term.

    4.2.  Without prejudice to any other rights or remedies either Party may have either under this Agreement or at law, either Party may terminate this Agreement immediately by serving notice in writing on the other Party:

        4.2.1.  in the event that either Party is in default in its performance or observance of any of its material obligations under this Agreement, and, in the case of a remediable breach, fails to remedy the breach within thirty (30) days; or

        4.2.2.  an interim order is applied for or made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented or a bankruptcy order is made against either Party, or if a receiver or trustee in bankruptcy is appointed over the other PartyÕs estate, or a voluntary arrangement is proposed or approved, or an administration order is made, or a receiver or administrative receiver is appointed over any of the other PartyÕs assets or undertakings, or a winding up resolution or petition is passed or presented (otherwise than for the purposes of a bona fide reconstruction or amalgamation), or if any circumstances arise which entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding up petition or make a winding-up order; or

        4.2.3.  in the event of a force majeure event that continues for a period exceeding three (3) months.

    4.3.  The termination of this Agreement, in whole or in part, for any reason shall be without prejudice to the rights, liabilities and obligations of the Parties accruing up to and including the date of termination.

    4.4.  Should either Party (the ÒCustomer PartyÓ) enter into a separate agreement (ÒTransit AgreementÓ) with the other Party (the ÒSupplier PartyÓ) whereby the Supplier Party contracts to transmit Transit Traffic for the Customer Party (and for the avoidance of doubt this shall include without limitation any agreement whereby the Supplier Party is contracted to advertise the Routed Networks of the Customer Party to any Third Party Network), the Supplier Party shall have the right to terminate this Agreement immediately by written notice when the Transit Agreement becomes effective.

5.      Customer Relations and Administration

    5.1.  Each Party will be responsible for communicating with its own customers with respect to its Network.

    5.2.  Where either Party receives reports from its customers of bona fide problems in relation to the other PartyÕs Network, then the receiving Party shall use reasonable endeavours, following the operational procedures set out in Schedule A, to notify the other Party promptly of such problems.

    5.3.  It is the responsibility of each Party to prevent the exchange of BGP signalling information and of Traffic for all of its customers who do not desire public Internet access.

    5.4.  Each Party will independently establish the charges to its own customers for the services provided in connection with this Agreement.

6.      Customer Transmitted Data

    6.1.  Where required for Traffic analysis and Traffic control each Party may monitor or capture Traffic which passes through the Interconnection Points. Each Party shall keep all data it gathers hereunder confidential and shall use such data solely for the purposes of operating its Network and projecting future capacity needs.

    6.2.  Neither Party shall modify their Network or the Interconnection Points in any way to capture any Traffic, except as allowed in 6.1 above or in accordance with an appropriate warrant, court order or other statutory obligation.

    6.3.  Except as otherwise agreed between the Parties and with third parties as appropriate, neither Party shall provide to third parties any statistical information itemised by service provider, by company or by IP address, provided, however, that each Party may provide its customers with the customersÕ own statistical data.

    6.4.  During the term of this Agreement, each Party shall ensure that any collation, retrieval and use of any personal data of any of its customers pursuant to this Agreement shall not breach any relevant laws or regulations including any data protection laws.

7.      Warranties

    7.1.  Each Party warrants to the other Party that:

        7.1.1.  it has the full corporate right, power and authority to enter into this Agreement and to perform its obligations hereunder;

        7.1.2.  the execution of this Agreement by such Party and the performance by such Party of its obligations and duties hereunder do not and will not violate any agreement to which such Party is a Party or by which it is otherwise bound; and

        7.1.3.  when executed and delivered by such Party, this Agreement will constitute a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms.

    7.2.  Save as expressly set out in this Agreement all warranties, representations and agreements, whether oral or in writing and whether express or implied, either by operation of law or otherwise are hereby expressly excluded to the maximum extent permitted by law.

8.      Force Majeure

Neither Party shall be liable for any loss, damage, failure to perform or delay in performing all or any obligations under this Agreement if such loss, damage, failure or delay is due to fire, flood, earthquake, strike, labour trouble or other industrial disturbance (of its own or other employees), war (declared or undeclared), embargo, blockage, legal prohibition, riot, insurrection or any other event beyond the reasonable control of such defaulting Party, which prevents or delays the performance of such obligation, provided that such obligation shall be performed immediately upon the cessation of such cause.

9.      Limitation of Liability

    9.1.  The following provisions set out the entire liability of each Party (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the other Party in respect of:

        9.1.1.  any breach of its contractual obligations arising under this Agreement; and

        9.1.2.  any representation, statement (save for any fraudulent misrepresentation) or tortious act or omission (including negligence) arising under or in connection with this Agreement or for breach of statutory duty or in any other way.

    9.2.  Any act or omission on the part of a Party or its employees, agents or sub-contractors falling within Clause 9.1 above shall for the purposes of this Clause 9 be known as an ÒEvent of DefaultÓ.

    9.3.  A PartyÕs liability to the other Party for death or injury resulting from that PartyÕs own or that of its employeesÕ, agentsÕ or sub-contractorsÕ negligence shall not be limited.

    9.4.  Subject to the provisions of Clause 9.3 above, the entire liability of a Party to the other Party in respect of any Event of Default or series of Events of Default shall be limited to damages of an amount equal to fifty thousand pounds (£50,000) in any one period of twelve months.

    9.5.  Subject to the provisions of Clause 9.3 above, a Party shall not be liable to the other Party in respect of any Event of Default for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation,  or any type of special, indirect or consequential loss as a result of an action brought by the other Party or a third Party even if such loss was within the contemplation of the Parties at the date of this Agreement or the Party had been advised of the possibility of the other Party or third Party incurring the same.

    9.6.  Each Party hereby agrees to afford the other Party not less than thirty (30) days in which to remedy any Event of Default hereunder.

    9.7.  Nothing in this Clause 9 shall confer any right or remedy upon a Party to which it would not otherwise be legally entitled and the provisions of this Clause 9 shall continue notwithstanding the termination of this Agreement.

    9.8.  The interconnection allows each Party to use the Network of the other Party to link to Internet hosts which are customers of that other Party. Each Party acknowledges and agrees that the other Party has no effective control over the materials accessible on nor the quality of the service obtainable through the Networks, services and materials of its customers, and thus is not responsible in any way for any other part of such Networks, services and materials.

10.   Confidentiality

  10.1.  Each Party agrees to keep confidential and use only for the purpose of exercising and performing its respective rights and obligations under this Agreement all plans, designs, drawings, trade secrets, business and other confidential information which are disclosed or made available by one Party to the other (ÒConfidential InformationÓ). Each Party undertakes not to disclose to any third Party such Confidential Information without the express written consent of the other.

  10.2.  No obligation of confidentiality under this Clause 10 shall apply to Confidential Information which:

     10.2.1.  is already in the possession of the receiving Party; or

     10.2.2.  is obtained by the receiving Party from a third Party who is under no obligation of confidence to the Party whose Confidential Information is disclosed; or

     10.2.3.  enters the public domain other than by reason of any breach of this Agreement; or

     10.2.4.  is disclosed without restriction by the disclosing Party; or

     10.2.5.  is disclosed in compliance with a law or an order of the court or competent regulatory authority.

  10.3.  Subject to Clause 15, each Party shall have the right to publicise that the other Party owns a Network with which it peers.

  10.4.  The text of this Agreement itself and its Schedules are Confidential Information within the meaning of this Clause 10.

11.   Assignment

  11.1.  Neither Party shall otherwise transfer or assign its rights or obligations under this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed; except that either Party may assign this Agreement to an Affiliate of such Party.

  11.2.  Within sixty (60) days of an approved assignment or change in control of a Party, the other Party shall have the right to terminate this Agreement immediately by written notice if the approved assignee or Party subject to the change in control is not in compliance with this Agreement in accordance with Schedule A.

  11.3.  Should either Party to this Agreement transfer any substantial proportion of its Network to another person or entity in a manner which materially diminishes the size of that Network below that at the time of execution of the agreement, or materially increases the proportion of costs borne by the other Party, then the other Party may terminate this Agreement.

12.   Authorisations

All undertakings and obligations assumed hereunder by either Party are subject to all applicable existing and future laws, rules and regulations, and are further subject to the issuance and continuance of all necessary governmental licenses, waivers, consents, registrations, permissions and approvals.

13.   Non-Exclusivity

This Agreement shall not prohibit or restrain either Party from entering into similar agreements or relationships with third Parties.

14.   Regulatory Approval

In the event that this Agreement, or any of the terms hereof, become subject to regulatory approval or authorisation, the Parties shall cooperate, to the extent reasonable and lawful, in providing such information as is necessary to complete any required filing or application to obtain such regulatory approval or authorisation.

15.   Public Announcements

The Parties will co-operate to make appropriate public announcements of the relationship set out in this Agreement. No Party will make any separate public announcement without the prior consent of the other Party, such consent not to be unreasonably withheld or delayed.

16.   Invalidity

If at any time any one or more of the provisions of this Agreement is or becomes invalid, illegal or unenforceable in any respect under any relevant laws, regulations or policies, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired. The Parties will attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid, illegal or unenforceable provision.

17.   Waiver and Variation

  17.1.  There shall be no waiver of any term, provision or condition of this Agreement unless such waiver is evidenced in writing and signed by the waiving Party.

  17.2.  No omission or delay on the part of a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by law.

  17.3.  No variation to this Agreement shall be effective unless made in writing and signed by the Parties.

18.   Notices

  18.1.  Any notice, demand or other communication to be served under this Agreement may be served upon a Party by posting by first class post or delivering or sending the same by facsimile transmission to the Party to be served at the address or facsimile number referred to in Schedule E or at such other address or number as it may from time to time notify in writing to the other Party.

  18.2.  A notice, demand or other communication:

     18.2.1.  served by first class post shall be deemed duly served forty-eight hours after posting;

     18.2.2.  served by delivery shall be deemed duly served upon delivery; and

     18.2.3.  sent by facsimile transmission shall be deemed to have been served at the time of transmission,

and in proving service of the same notice it will be sufficient to prove:

     18.2.4.  in the case of a letter served by first class post, that such letter was properly stamped or franked first class, addressed and placed in the post;

     18.2.5.  in the case of a letter served by delivery, that such letter was properly addressed and handed to the addressee or any of its officers or other agents; and

     18.2.6.  in the case of a facsimile transmission, that such facsimile was duly transmitted to a current facsimile number of the addressee at the address referred to in Schedule E.

19.   No Partnership

Nothing herein shall be taken to constitute a partnership between the Parties nor the appointment of one of the Parties as agent for the other.

20.   Further Assurances

At all times after the date of this Agreement the Parties shall at their own expense execute all such documents and do such acts and things as may reasonably be required for the purpose of giving full effect to this Agreement.

21.   Counterparts

This Agreement may be executed in any number of counterparts and by the Parties on separate counterparts, each of which when so executed and delivered shall be an original, but all the counterparts shall together constitute one and the same instrument.

22.   Dispute Resolution

In the event any dispute arising out of or related to this Agreement, or the breach, termination or validity thereof cannot be resolved to the satisfaction of both Parties, then each Party shall nominate one senior officer with the rank of managing director or senior manager as its representative for the purpose of attempting to resolve the dispute. The representatives shall meet and shall attempt in good faith to resolve the dispute. Such representatives shall have ten (10) business days from the date on which either Party delivers written notice of the need to resolve any dispute pursuant to this Clause 22. This procedure shall be a required pre-requisite before either Party may terminate this Agreement as a result of a dispute. Notwithstanding the foregoing, this Clause shall not be construed to prevent either Party from seeking and obtaining any other remedy pursuant to this Agreement.

23.   No Third Party Beneficiaries

Notwithstanding any other provision in this Agreement, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

24.   Costs

Save as expressly otherwise provided in this Agreement, each of the Parties shall bear its own legal, accountancy and other costs, charges and expenses connected with the negotiation, preparation and implementation of this Agreement and any other agreement incidental to or referred to in this Agreement.

25.   Entire Agreement

This Agreement (together with any documents referred to herein) constitutes the entire agreement between the Parties and supersedes any previous agreement between the Parties relating to the subject matter of this Agreement.  Each of the Parties acknowledges and agrees that in entering into this Agreement it has not relied on, and shall have no remedy in respect of, any statement, representations, warranty or understanding promise or assurance (whether negligently or innocently made) of any person (whether a party to this Agreement or not) other than as expressly set out in this Agreement.  Nothing in this Clause shall operate to limit or exclude any liability for fraud.

26.   Governing Law and Submission to jurisdiction

  26.1.  Save where relevant laws, regulations or policies require the contrary, this Agreement shall be governed by and construed in accordance with English law and English shall be the governing language of this Agreement.

  26.2.  Subject to Clause 22, the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the High Court of Justice in London for the purpose of hearing and determining any dispute arising out of this Agreement and for the purpose of enforcement of any judgment against their respective assets.

  26.3.  The Parties agree that service of any writ, notice or other document for the purpose of any proceedings in such court shall be duly served upon it if delivered or sent by registered post to the address referred to in Schedule E.

EXECUTED by the Parties as an Agreement

 

 

SIGNED by:.............................................................................      SIGNED by:.............................................................................

 

PRINT NAME........................................................................      PRINT NAME........................................................................

Position held at                                                      Position held at

Party A........................................................................................      Party B.........................................................................................

Duly authorised officer of Party A                              Duly authorised officer of Party B

 

 

WITNESSED by:...................................................................      WITNESSED by:...................................................................

 

PRINT NAME........................................................................      PRINT NAME ......................................................................

SCHEDULE A – OPERATIONAL REQUIREMENTS

A-1.   General

   A-1.1.  Within thirty (30) days of the Date of this Agreement and throughout the term of this Agreement, the Parties agree to cooperate and negotiate in good faith to create and adopt mutually agreeable performance and operational standards and procedures in order to facilitate the exchange of high quality, cost effective services utilizing each PartyÕs Network and the Interconnection Points.

   A-1.2.  The Parties will use reasonable endeavours to observe standards of Best Common Practice, such as the LINX BCPs, the RIPE document ripe-206 and the IETF BCPs as part of the agreed performance and operational standards and procedures referred to in A-1.1.  The Parties will use reasonable endeavours to conform to any such relevant standards in force at each Public Interconnection Point. If a Party does not conform to such relevant standards, the other Party may treat this as a remediable breach under clause 4.2.1 and follow the procedure set out in clause 4.2.

A-2.   Infrastructure

   A-2.1.  Each Party represents that the Interconnection Points are connected as part of an internal Network.

   A-2.2.  The data rate at which the Parties will connect hereunder is set forth in Schedule B or Schedule C attached hereto. Each PartyÕs backbone Network behind the Interconnection Points shall have at least the same aggregate capacity as the link to the Interconnection Points unless otherwise noted in Schedule B or Schedule C. Each Party shall note on the appropriate schedule if a Committed Information Rate (ÒCIRÓ) on a specific backbone circuit is lower than the capacity of its connection to the Interconnection Point.

A-3.   Emergency and routine maintenance:

   A-3.1.  Each Party will exercise commercially reasonable efforts to achieve a mean time to repair (over any three (3) month period) of four (4) hours or less for all outages at any Interconnection Point. The Parties will cooperate with each other in each PartyÕs efforts under this Paragraph.

   A-3.2.  Each Party will provide notice of all scheduled maintenance that could cause end-to-end connectivity loss across the PartyÕs Network or at any Interconnection Point of more than five (5) minutes for any user. Each Party will give the other Party reasonable prior notice of any scheduled maintenance that is expected to result in thirty (30) minutes or more of end-to-end connectivity loss across the PartyÕs Network or at any Interconnection Point.

   A-3.3.  Each Party agrees to maintain an effective designated point of contact available 24 hours/day and 7 days/week. The contact details are set out in Schedule E and each Party agrees to provide the other with any updates to these details in a timely fashion. Where a Party is not able to provide such a point of contact the other Party shall not be obliged to notify that Party where it is necessary to suspend a Peering Session for protection of their Network.

   A-3.4.  Each Party will, at its own expense and on a reasonable effort basis, cooperate with the other so as to maintain the smooth operation of the Peering Sessions. The Parties shall develop mutually agreed upon operational procedures for the interworking of their respective Networks, including, without limitation, problem management information exchanges and escalation procedures for addressing unscheduled outages or emergency maintenance.

   A-3.5.  The Parties shall cooperate to ensure that their respective customers shall not disrupt the other PartyÕs Network, or any equipment, systems or services forming a part of or provided on that Network.

   A-3.6.  For the purposes only of this Schedule A, written notice shall include notice delivered by electronic mail to the e-mail address of each Party set out in Schedule E.

A-4.   Routing.

   A-4.1.  Each Party shall register the routes, routing domains, and routing policies of its Routed Networks in a public Internet Routing Registry. Each Party shall exercise good faith efforts to ensure that the registered configuration and the actual configuration of its Routed Networks match as soon as reasonably possible after any change.

   A-4.2.  The Parties shall announce the same routes at Peering Sessions at each Interconnection Point. Each Party shall ensure that the BGP attributes of each route it announces in each Peering Session are identical to those of that route in all other Peering Sessions, with the exception of the Ônext-hopÕ attribute, the ÔMEDÕ or ÔMetricÕ attribute and the ÔCommunityÕ attribute.

   A-4.3.  Each Party may practice route flap dampening measures consistent with widely accepted Internet standards or acceptable use standards. Each Party agrees to use its reasonable endeavours not to generate unnecessary route flap.

   A-4.4.  Each Party agrees not to advertise unnecessarily specific routes in its Peering Sessions.

   A-4.5.  Each Party agrees not to advertise routes with a next-hop other than that of one of its own routers.

   A-4.6.  Each Party agrees, on all interfaces connected to an Interconnection Points, to disable: Proxy ARP, ICMP Redirects, Directed Broadcasts (as per IETF RFC 2644), IEEE802 Spanning Tree, Interior Routing Protocol Broadcasts, and all other MAC layer broadcasts except ARP.  The Parties undertake to disable all proprietary discovery protocols (e.g. CDP, EDP).

   A-4.7.  Each Party will ensure its use of the Interconnection Points at all times conforms to the relevant standards as laid out in IETF STD0001 and associated IETF STD documents as amended or replaced from time to time. If a PartyÕs use of the Interconnection Points does not conform to such relevant standards, the other Party may treat this as a remediable breach under clause 4.2.1 and follow the procedure set out in clause 4.2.

SCHEDULE B – PUBLIC INTERCONNECTION POINTS

Interconnection P-1

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

Interconnection P-2

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

Interconnection P-3

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

Interconnection P-4

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

SCHEDULE C – DIRECT INTERCONNECTION POINTS

Interconnection D-1

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

Interconnection D-2

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

Interconnection D-3

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

Interconnection D-4

Party A

Party B

Physical Address

 

 

 

 

 

 

 

 

 

 

 

Circuit ID Number

 

 

AS Number

 

 

IP Address of BGP4 Peer

 

 

DNS Name of Peer Router

 

 

Speed of Connection

 

 

 

SCHEDULE D – ROUTING EXCEPTIONS

Routing Exception-1

Party

 

Interconnection

 

AS

 

Route

 

Nature of Exception

 

 

Routing Exception-2

Party

 

Interconnection

 

AS

 

Route

 

Nature of Exception

 

 

Routing Exception-3

Party

 

Interconnection

 

AS

 

Route

 

Nature of Exception

 

 

Routing Exception-4

Party

 

Interconnection

 

AS

 

Route

 

Nature of Exception

 

 

SCHEDULE E – CONTACT INFORMATION

The parties agree to provide each other with timely updates to the following contact details.

24x7 Contact

Party A

Party B

Telephone no.

 

 

Fax no.

 

 

Email address

 

 

 

Technical Contact

Party A

Party B

Name

 

 

Title

 

 

Email address

 

 

Telephone no

 

 

Fax no

 

 

 

Address for Notices

Party A

Party B

Name

 

 

Title

 

 

Address