Exhibit 4.83
AGREEMENT FOR PROCUREMENT AND INSTALLATION FOR OPTICAL
ACCESS NETWORK (OAN) PROJECT PACKAGE-III NO.
K.TEL.372/HK.810/ITS-00/2006, DATED 30 NOVEMBER 2006
Parties: 1. TELKOM; and
2. Huawei Consortium, Consisting of: (1) Huawei
Technologies Co., Ltd.; (2) PT Huawei Tech
Investment and (3) PT Andi Arta ("HUAWEI
CONSORTIUM").
Scope of Agreement: TELKOM has assigned and appointed HUAWEI CONSORTIUM to
execute OAN Project Package III.
Rights and Obligations: HUAWEI CONSORTIUM
1. HUAWEI CONSORTIUM shall ensure the good
performance of OAN until the expiry of warranty
period;
2. HUAWEI CONSORTIUM shall ensure the service
quality.
Assignment: HUAWEI CONSORTIUM may not assign the right to any
party without the prior written consent of TELKOM.
TELKOM reserves the right to assign the agreement
without prior approval of HUAWEI CONSORTIUM to and
investor provided the investor gives HUAWEI CONSORTIUM
satisfactory payment assurances in accordance to this
agreement. TELKOM reserves the right to assign the
agreement, with the prior approval of HUAWEI
CONSORTIUM to any of TELKOM's subsidiaries or related
companies.
Termination: TELKOM shall be entitled to unilaterally, without any
claim from HUAWEI CONSORTIUM, terminate a part or the
entire agreement, if the following events occur:
1. If HUAWEI CONSORTIUM fails to materially execute
the works or neglects to perform its obligation;
2. If HUAWEI CONSORTIUM becomes subject to
bankruptcy, insolvency, liquidation or winding up
proceedings;
3. If HUAWEI CONSORTIUM is in material breach of its
obligation or repudiates this agreement.
Dispute Resolution: 1. Both parties shall use their best efforts and
shall co-operate and negotiate in good faith to
resolve any and all disputes;
2. In the event that such disputes cannot be settled
amicably, the parties shall submit the dispute to
arbitration under the rules of the Indonesian
National Board of Arbitration ("BANI").
Governing Law: The agreement is governed by, construed and
interpreted in accordance with the laws of the
Republic of Indonesia.
