This is the letter Telekom sent to Z-Mobile for not continuing the contract.

This is the letter Telekom sent to Z-Mobile for not continuing the contract.

Kosovo's telecom has officially announced Dardaphoni's failure to proceed. A day after the Board of Directors' decision not to continue the contract with Z-Mobile, Telekom Chief Executive Chief Bedri Istrefi has sent a letter to representatives of this company. On paper, Istref has listed some facts about the agreement and the failure of [...]

A day after the Board of Directors' decision not to continue the contract with Z-Mobile, Telekom Chief Executive Chief Bedri Istrefi has sent a letter to representatives of this company.

On paper, Istrefi has listed some facts about the agreement and about the failure of negotiations.

In this letter it also points out that Dardafon has “passed destructive approaches with brutal violation of trust principles”. There Istrefi has stressed that Dardaphony had applied in secret to Licence for Kosovo's third telecommunication operator and the initiative to complete Arbitrazhi's final decision.

Finally, after mentioning the reasons why the contract is under way, Istref has asked Dardaphoni to take the necessary action to implement obligations in the transitional period.

Full letter without interference:

Dear Chocolate,

Let me first remind you of some facts that you, I believe, are familiar with.

1) Kosovo Telecom US. (back • Telekom) and Dardafon.net L.L.C. (More than that, Dardaphony) had signed the “Support Agreement (back) by date. January 16, 2009;

2) The timing of the agreement was conditioned exclusively with the length of Telekom License no. 1/1104 d. July 30th 2004, released by the Self-Government Institutions ʹThe Telecommunication Regulatory Authority, which expired on July 30th, 2019, and with which the date expired the duration of the agreement;

3) To conclude the deal on July 30, 2019, and in the sense of legal commitment, Telekom officially announced the Dardaphon on June 24, 2019, or more than 1 (a) months earlier;

4) In terms of Article 3 of the Agreement, Telekom and Dardaphon negotiating teams had held negotiations on reaching the agreement on terms of a new evental agreement in full 6 (six) months;

5) All meetings of negotiating teams, without exception, were initiated by Telekom, and neither of these meetings was initiated by Dardaphony;

6) During the 6 (sixth) period of negotiations and unlike Dardaphony, it was only Telekom, which had provided concrete proposals for achieving compatibility about signing a new eventual agreement;

7) The very fact of sending “responses to commercial bid of the 18th July 2019” with July 29th, July 2019, in the late afternoon and only 1 (a) day before the end of the negotiations deadline, testifies to Tuaj's destructive approach to the entire negotiation process and specifically to Telekom -- your business partner, testifying to the exact time the violation of the principle of conscience and honesty and violation of the principle of trust you have vowed in the Agreement.

I remind you that your approach to the structures conveyed with brutal violations of the principles of trust, honesty and accountability was witnessed by other concrete actions you had taken in the final/critical negotiation phase:

8) By June 21, 2019, without any preliminary notice and complete secrecy from Telekom, Dardaphon had applied for License for the third telecommunication operator near Regulatory HINA ARKEP, despite the contracting obligation for confidential negotiations on MVNO status. To this move, Telekom understands from the media;

9) In the conclusion of the 6 (sixth) period of negotiations, Dardaphon had openly unveiled the goal of continuing the negotiating deadline, with the argument of the short-term “In response to the July 18th bid of July 2019” Behind this proposal was identified as the real goal of Dardaphon to set the deadline for a realistic situation that could be interpreted as Telekom's consent for continuing the January 16th 2009 Agreement;

As for <x0 minimum <x0 minimum”, I remind you that Telekom sends you the commercial offer in 12 (12) days before the start of the negotiations deadline. And you, of the 12 (teen) days available, respond to the full block 11 (11) days, sending the same as an element of the counteroffer, only 1 (one) day before its end;

10) By the date 08 July 2019 and just days before the end of the negotiations, Dardaphon initiated the procedure for completing Arbitrazhi's final decision 20990/ Mm-hmm. December 09th 2016, knowing that completion would bring Telekom to an unaffordable financial situation, with the aim of maximum weakening of Telekom's position in the most sensitive/critical phase of negotiations.

As for “Answer in commercial bid of the 18th July 2019” that you sent on July 29th, 2019 in the late afternoon hours, its content only testifies to the approach of the malicious Dardaphon during the entire negotiation process, for these reasons:

1) Starting each of the 20 (20) points with the sentence “at your request....” You testified to the findings from Point 6 higher than it was just Telekom and which has been more than constructive by submitting concrete offers and proposals and that the Dardaphon for 6 (six) months I don't send any concrete offers/proposals;

2) Of all this 20 (20) Telekom's proposals, you absolutely rejected the 17 (seven) stock, 85% of them and that, respectively, just 1 (a) day before the negotiations deadline expired;

3) In any of the 17 (seven) rejections, you offered no valid reason but refused based on unexplained and unexplained estimates.

4) Dardaphone's instinct to have the Telekom financial report prepared by “Mazars” is pointless and unreasonable because:

A) It is the legitimate right of each side of the business to require external professional expertise for its own needs;

b) The expertise of “Mazars” was ordered only by Telekom, so Telekom had no obligation that all expertise offers either Dardaphony or whatever else;

c) Financial expertise is the property of “Mazars”, which has all copyright protection and only with his permission, this expertise or part of it can be revealed to third persons;

d) Accessing the negotiation process with full confidence, Telekom has managed to obtain permission from the author “Mazars” to extend “The collection” that we have conveyed to you and from which you have been able to understand the main findings of this instance.

5) In the previous paragraph, you provided a “countering” only for the divide of revenues, proposing 33% for Telekom and 67% for Dardaphony, with an additional possibility for discussion about the equal level partition option. With this proposal, not only are you aiming to violate the principle of expectations, but the impression is that you have confused MVO's status with MVNO is won;

6) Finally, Telekom estimates that Dardaphon's refusal to all culinary and culinary Telekom proposals for no reason whatsoever, “counterferta” and Dardaphony's stance on dividing revenues which are built in opposition to the principle of the executionality of expectations and expiration of the negotiations deadline, objectively unable to reach any new agreement;

Consequently, let me warn you:

Founded in the actual position described as the highest one, which has been created as a direct consequence of Dardafon's actions contrary to the principle of trust which he pledged in the January 16th 2009 Agreement, and contrary to other principles of the aforementioned Republic of Kosovo's current legislation, and given the fact that the 6 (sixth) deadline for negotiating without any concrete and quantum results, Telekom Julyt announced that it was completed without success.

From July 31st, 2019, all contracting reports between Telekom and Dardaphone conclude, in addition to prior obligations with Article 13 of the January 16th 2009 Agreement referring to “Transitative West”.

So, please, from July 31st, July 2019, let's jointly take all necessary actions in order to implement obligations on “Transitative path”.

Please forward this letter to Dardafon and your negotiating commission.

Respect,

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