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SERVICE LEVEL AGREEMENT

This service level agreement (the agreement) is made at Gujranwala, Pakistan on the
_______ day of ___________ 2022

BY AND BETWEEN

M/S. Nayatel, registered office 73-e,GD,arcade,fazal-ul-haq,blue area Islamabad,


through its senior manager(CLA),Gujranwala Riffat Ullah Khan s/o Himat Ullah Khan
hereinafter called “NAYATEL’’.which expression shall mean and include its successors-
in-interest, executors and permitted assigns) FIRST PART;

AND

The Provincial Government Employees Cooperative Housing Society Gujranwala


Cantonment (Cantt), a housing society incorporated under the laws of Pakistan with
its registered office at PGECHS Chenab Block, Gujranwala Cantt, Pakistan (hereinafter
referred to as “D C Colony” which expression shall mean and include its successors-
in-interest, executors and permitted assigns) through its Secretary SECOND PART.

D C COLONY and NAYATEL are hereinafter collectively referred to as “Parties” and


individually as “Party”

RECITALS:

a) Whereas Nayatel has been dully authorized in terms of a license issued by the
Pakistan telecommunication authority (hereinafter referred to as PTA) to offer
Data Communication Network service in Pakistan
b) whereas it is mandatory for Nayatel to get No Objection Certificate (NOC) from
the Cantonment Board Gujranwala before start the services or anything with
connection to it.
c) And whereas this agreement will execute after approval of the competent
authority.
d) and whereas the D C Colony is willing to engage Nayatel.

Customer initial: _____ Nayatel Initial:_____


Exclusively to provide the FTTH (internet, video, voice) services subject to the
terms and conditions set out in this Agreement;

e) And whereas Nayatel has agreed to provide the FTTH internet video voice
services to the D C Colony in accordance with the terms and conditions set out
in this Agreement.

1. Validity

This agreement shall be effective from ____________ till _______________ and shall
remain in full force and effect for a period of five (5) years, unless terminated by
either Party in accordance with the terms and conditions as stated in the
termination clause of this Agreement.

2. Scope of services

2.1 D C COLONY shall:

I. Facilitate Nayatel to bring its fiber network within the D C Colony (all
civil/electrical/communication works including, core cutting, cable trays
and conducting will be the responsibility of Nayatel);
II. Provide space for the installation of OLT and distribution cabinets. All
expenses for the Fiber Cable, Cabinet, etc. will be borne by the Nayatel
and D C colony will not charge any amount whatsoever to Nayatel for
establishing any infrastructure, its maintenance and any additional
cable installation for potential D C Colony.
III. Provide smooth entry to authorized Nayatel personnel for service offering.
IV. Provide right of way (ROW) for the deployment of FTTH Network inside
“locations” as mentioned in the (Annexure A).
V. D C colony shall charge prescribed fee as per society’s rule for
sales/marketing activities inside society.

2.2 In case of civil work (if required)

a. Trench shall be excavated to a depth 1.5 meter as per route plan.


b. Roads crossing will be done through manual bores/tunneling and roads
will not be dug.
c. Proper back filing shall be ensured immediately after excavation.
d. Removal of surplus soil material and dressing shall be carried out in a
proper manner.
e. In case of any damage to properties, the damage so occurred shall be
rectified to the satisfaction of the society management.
f. On execution of this agreement, society will hand over entire ROW
within, Gujranwala to Nayatel for lying of FTTH networks.
g. Both the parties will appoint and maintain a technical person in writing
for filed coordination while executing fiber cable laying networks. Nayatel
will propose a mechanism for filed coordination with society field staff.
All filed works will be executed in the presence of society supervisor.
h. Nayatel will deploy FTTM network on GEPCO poles with subject to
availability of poles.

Customer initial:_____ Nayatel Initial:_____


2.3 NYATEL:
I. Shall share revenue of pkr.100/-(Pak Rupee hundred only.) per invoice
per month with D C Colony management on agreed duration of
quarterly/yearly. Same shall be charged from customs in these monthly
invoices as maintenance charges.
II. The payment shall be made on the name: ‘’PGECHS” payees account
only.
III. Dc colony shall provide a tax invoice as required by Nayatel for the pays
to be released. Payment of services shall be subjected to deduction of
taxes at the rate prevailing the time of payment.
3 NOTICES

All notices, consents, requests and similar formalities required to be conveyed


or given under this Agreement shall be made in writing and sent to registered
address of the Parties.

4 CONFIDENTIALLY

Both parties undertake and covenant to maintain the confidentiality of the


information gathered/obtained from the other in the due course of business
and /or as a consequence of provision of the services under this Agreement.
This restriction shall continue to apply after the termination of service without
limit in point of time. This obligation shall not apply to such information as is
already in public domain and shall not be breached if either party is required to
make disclosure by any and/or under the order of a court of competent
jurisdiction.

5 DISPUTE RESOLUTION

V.1. In case of any dispute, controversy, claim arising out of, or relation
to, any matter concerning this agreement and if any complaint receive
from any member of the society, the parties shall try to settle the
matter amicably, by negotiations between authorized representatives
of each party.
V.2. In case the parties failed to reach an amicable settlement with thirty
(30) days from the date of notice of dispute by either party to the
other, they shall refer the matter to Registrar Cooperatives Societies,
Punjab, under the Cooperatives societies Act 1925 and the order of
Registrar Cooperatives Societies shall be conclusive and binding on
both parties.
V.3. This agreement shall be governed by and construed under the
Cantonment, civil, criminal laws of Pakistan.

6. Termination

6.1. Either party can terminate this agreement before whatsoever reason by
providing a prior written notice of ninety (90) days to the other party.

6.2. Either party shall be entitled to terminate this agreement by providing a


prior written notice to the other if the other party

(a). Commits a material breach of this agreement and such material breach,
if capable of being cured, is not cured within thirty(30)business days of
receiving a written notices from the non-breaching party giving full

Customer initial:_____ Nayatel Initial:_____


particulars of the breach and requiring it to be remedied. Or II for all other
breaches of this agreement, within forty five (45) days of receiving a
written notice from the non-breaching party giving the full particulars of
the breach and requiring it to be remedied.

(b). Ceases to carry on its business.

7 MISCELLANOUS

7.1. Neither party shall assign, rights, obligations under this agreement, in
whole or in without prior written consent of the other party, which
consent shall not be unreasonably withheld.

7.2. No wavier of any right(s) under this agreement shall be deemed effective
unless executed in writing and signed by the Party charged with such
wavier.

7.3. No failure or omission by either party to observe any of the provisions of


this agreement shall give rise to any claim(s) against the party in
question or to be deemed to be a breach of his Agreement by that party if
such failure or omission arises from any cause beyond the reasonable
control of that party.

7.4. This agreement shall be altered, varied or modified by mutual consent of


the Parties, which consent must be given in writing and signed by each
Party hereto.

7.5. This Agreement constitute the entire understanding between the parties
in relation to the subject matter hereof and supersede any and /or all
other agreements and representations made earlier by the parties,
whether oral or in writing.

In witness whereof the parties have caused this agreed to be signed on the day
and year first written above.

For and on b behalf of the For and on behalf of the

D C Colony Housing Society Nayatel services PVT limited

____________________________ ____________________________

____________________________ ____________________________

____________________________ ____________________________

Witness: Witness:

Name: Name:
Designation: Designation:
CNIC # CNIC #: --

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