Exhibit 10.39
CONTRACT NO 05-100/01
Rendering of services for oil storage
OJSC Khantymansiyskneftegasgeologia
Tyumen 07.12.2000
This Contract is entered into by and between OJSC "Sibnefteprovod", hereinafter
referred to as "Contractor", represented by Lysyany Konstantin Kirillovich,
Director General, acting on the basis of the Charter and Xxxxxxx Xxxxxxxx
Petrovna, Chief Accountant, acting on the basis of the Order No 356-k dated
13.11.2000 and OJSC Khantymansiyskneftegasgeologia, hereinafter referred to as
"Customer", represented by Xxxxxxxx Xxxxxx Borisovich, Director General, acting
on the basis of the Charter and Xxxxxxxxxxxx Xxxxxx Khaidarovna, Chief Account,
acting on the basis of the Order No 59-k dated 15.09.97.
1. SUBJECT MATTER
1.1. The Contractor shall render services for oil storage (the resources
of OJSC Khantymansiyskneftegasgeologia) and the Customer shall
compensate for the cost of such services as specified in this
Contract.
2. TERMS OF CONTRACT EXECUTION
2.1. The acceptance of oil for storage shall be carried out upon
receiving OJSC AK Transneft permission in writing in regard to the
approval of the amount of oil delivered for storage. In order to
obtain OJSC AK Transneft permission to accept oil, the Customer
shall notify the Contractor in writing of the amount of oil for
storage not later than 15 days prior to the beginning of the month
in which the storage is scheduled.
2.2. The delivery of oil beyond the boundaries of transportation of OJSC
Sibnefteprovod shall be carried out after receiving a route telegram
from AK Transneft confirming the readiness of transportation. In the
event of oil shipment within the boundaries of transportation of
OJSC Sibnefteprovod, the delivery of oil shall be carried out after
receiving a relevant instruction from the Customer and shall be
executed by the separate acts of oil acceptance.
2.3. The storage time shall be determined on the basis of the
Contractor's acts of oil acceptance and a date of the route telegram
from AK Transneft. In the event that the delivery of the oil amount
specified in a route telegram is transferred to the next month, a
final date of storage shall be the first date of the next month. The
time of oil storage should not exceed 30 days.
3. OIL AMOUNT AND QUALITY
3.1. The amount of oil delivered by the Customer to the Contractor shall
be agreed upon on a monthly basis by means of telegrams.
3.2. The quality of oil delivered for storage shall be in compliance with
GOST 9965-76.
4. PAYMENT
4.1. Payment for the services rendered by the Contractor shall be made
for the actually performed services based on the invoice issued by
the Contractor within each month but not later than within 15 days
of the next month.
4.2. Based on the addendum to the RF Federal Energy Commission Resolution
# 124/3 dated November 28, 1997, the cost of storage shall be:
Storage of a thousand tons of oil per day: TARIFF 112.00 (One
Hundred and Twelve) Rubles VAT 22.40 (Twenty-two) Rubles and Forty
kopecks TOTAL 134.40 (One Hundred and Thirty-Four) Rubles and Forty
kopecks The first seven days of storage shall not be included in the
storage time and no charge shall be imposed on the mentioned period.
4.3. In the event of untimely payment for the storage, the Customer shall
pay penalty for each day of delay in the amount of RF CB rate of
refinancing depending on the sum of the non-paid services. The
payment shall be recognized as the acknowledgement of penalty.
4.4. In the event of oil resale to a third party, the Customer shall
necessarily obtain the Contractor's approval of the sales agreement
in regard to the further possible oil storage in the system of the
Contractor.
4.5. In the event of tariff change the Customer shall pay for the
services on the basis of new tariffs effective from the date of
tariff change.
5. LIABILITY
5.1. In the event that the payment is delayed for more than one month,
the Contractor is entitled to give up the service rendering.
5.2. The Contractor shall be liable for the safety of oil from the moment
of oil acceptance by the Contractor to the moment of oil delivery to
the Contractor's point of hand-over.
5.3. In the event that item 4.1. hereof has been breached for more than
one month, the Contractor shall be entitled to apply RF Civil Code
Article 359.
5.4. All disputes, disagreements and difference of opinion that cannot be
settled by means of negotiations between the parties shall be
referred to the Court of Arbitration in Tyumen region.
5.5. The Contractor shall continue to render services stipulated by this
Contract during the negotiations about any controversial question or
before a decision on such question has been made by the Court of
Arbitration.
When solving any controversial question, the new coordinated terms
shall be applied in the retrospect from the date of notification of
a dispute.
5.6. In the event that due to force-majeure both the Customer or the
Contractor are incapable to continue work or fulfill their
obligations, they shall notify each other of such force-majeure.
6. MISCELLANEOUS
6.1. Neither party shall be entitled to assign its rights and obligations
under this Contract to a third party without prior written consent
of the other party.
6.2. All official notifications and information under the Contract shall
be sent by teletype or, in some cases by telegraph, telefax or by
mail.
6.3. The Contract shall be valid from 01.01.2001 till 31.12.2001 and in
terms of payment until the terms of the Contract has been fulfilled
in full.
7. LEGAL ADDRESSES AND BANK DETAILS
Contractor: Customer
OJSC Sibnefteprovod OJSC KhantymansiyskNGgeologia
625048, Tyumen 626200, Khanty Xxxxxxxx
Xxxxxxxxxx Xxx., 000 Xxxxxxxxx Xxx., 00
Director General Director General
OJSC Sibnefteprovod OJSC KhantymansiyskNGgeologia
Lysyany X.X. Xxxxxxxx A.B.
Chief Accountant Chief Accountant
Isayeva N.P. Gubaidullina F.H.
