Term Sheet Service Duration Offer of use of further cable ducts Fiber optic transmission systems Non-binding offer to Term Sheet is effective lease additional cable until December 31, duct capacities in 2006 existing or predetermined newly built cable ducts. The offer is subject to individual agreements for specific cable ducts. DTAG provides for the receiving and distributing of certain analog and digital broadcasting signals via fiber optic transmission systems. 182 Approximate annual cost Termination rights The aggregate amount for the year ended December 31, 2004 was approximately €2.3 million. The remuneration is agreed on a case-bycase basis. Unlimited €3.4 million for the year 2004; the price was fixed through December 31, 2004. Thereafter, the price increases or decreases based on actual proven cost changes by DTAG. ish and DTAG may terminate a cable duct leased under the Term Sheet, however, with a notice period of 10 years. Deviating notice periods can be agreed upon by the parties in individual agreements. ish can terminate the Term Sheet in whole upon 24 months’ notice to the end of a calendar year. ish can also partially terminate the Term Sheet upon six months’ prior notice in the first year, 12 months’ prior notice in the second year and 24 months’ prior notice in the third year and the following years to the end of a month. DTAG cannot terminate the Term Sheet unless for good cause (wichtiger Grund). As part of the BRN-ish agreements, DTAG agreed to early termination of replaced links.
Lease of space for broadband cable technology Term Sheet Service Duration Lease of space of DTAG’s premises which are used for broadband equipment such as transmission equipment, satellite receivers, antennas and other equipment. Unlimited €14.0 million for the year 2004. The prices were fixed until December 31, 2004; after an adjustment on the basis of mutual review of the leased areas actually in use, there is no longer a fixed fee, but rather remuneration equal to the payments made by DTAG to its landlord plus a handling fee of 5%. 183 Approximate annual cost Termination rights ish can terminate the Term Sheet upon 24 months notice to the end of a calendar year. ish can also terminate the Term Sheet partially for certain locations upon six months’ prior notice in the first year, 12 months’ prior notice in the second year and 24 months’ prior notice in the third year and the following years to the end of a month. DTAG cannot terminate the Term Sheet unless for good cause (wichtiger Grund). DTAG can cease to operate the premises for technical or operational reasons and upon a notice period of 12 months, or, in the case of the lease of antenna space, 24 months. As part of the BRN-ish agreements, DTAG agreed to early termination of surplus space.