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the facts
the facts
The Statement of Work
At around the same time as the making of the GSA, the parties agreed a Statement of Work (“the SOW”).
It is a very substantial document because it sets out in great detail the precise services to be supplied by Avanti. For present purposes, the material parts are set out below.
The first and second pages read as follows:
Schedule 3 to the SOW deals with the charges for the services provided. It is common ground that there were one-off charges to be paid in connection with the set-up of the infrastructure. These are set out at paragraph 3.1.
There were then the ongoing charges for the provision of the services and Clause 3.2.1 sets out the charges for “Fixed Capacity” which deals with the basic capacity level provided. These were as follows:
- Heading
- INTRODUCTION
- Nature of the services to be provided by Avanti
- The contractual framework
- the facts
- Section 5
- The Purchase Orders (“POs”)
- Changes to the SOW
- The Parties’ Negotiations
- The Present Position
- the law
- serious issue to be tried
- Clause 2 of the GSA
- The SOW
- The “Mandatory” Point
- The “Agreement” Point
- The Term and Duration Point
- The EE-HO Contracts
- Effect of an indefinite obligation to supply on Avanti
- EE’s ability to migrate to a new supplier
- CCN5
- The GSA/SOW as an “evergreen” contract
- Conclusion on factual matrix and other points
- Conclusions