Provider Reference Infrastructure Sharing Offer ______________________________________________________________________ THIS AGREEMENT is made on [Date] Between [Infrastructure Seeker] having its registered office at [Infrastructure Seeker‟s Address] (hereinafter referred to as “Infrastructure Seeker” or “Seeker”) and [Provider] having its registered office at [Infrastructure Provider‟s Address], (hereinafter referred to as “Provider” ) 1. Introduction Whereas (a) The Infrastructure Seeker is in possession of either a valid Telecommunications Licence, to provide telecommunications services pursuant to the provisions of the Telecommunications Law. (b) Provider has been requested to provide and share access to its infrastructure and is in possession of a Telecommunications Licence pursuant to the provisions of the Telecommunications Law. (c) Provider has agreed to provide Infrastructure Sharing to its networks, in accordance with the Guidelines [RURA/ICT InfraDev/ XXX], as amended or superseded from time to time and to the supply of services and facilities on the terms and conditions as provided for in this Agreement. (d) Subject to the Regulations, the Parties agree that the Infrastructure Sharing Agreement shall govern the terms and conditions of infrastructure sharing of dark fiber and duct installations, through which the Infrastructure Seeker can request Physical Co-location from Provider in respect of the Provider’s Points-ofPresence. In consideration of the mutual covenant and obligations contained in this Agreement, the Parties HEREBY AGREE AS FOLLOWS: 2. Definitions and Interpretations 2.1 In this Infrastructure Sharing Agreement, except if the context requires otherwise, words and expressions are as defined in Annex A. 2.2 Terms defined in relevant legislation of Rwanda (which, for the avoidance of doubt includes directions and/or decisions published by the Authority) shall, where used in this Agreement, have the meanings ascribed to them in such legislation. 2.3 The following documents form part of this Infrastructure Sharing Agreement and, in the event of any inconsistencies between them, the order of precedence shall (unless expressly stated to the contrary) be as follows: DATE Page 5