Exhibit 4.92
AGREEMENT FOR PROCUREMENT AND INSTALLATION FOR OPTICAL ACCESS NETWORK (OAN)
PROJECT PACKAGE-II (DIVRE-II) NO. K.TEL.420/HK.810/ITS-00/2006,
DATED 29 DECEMBER 2006
Parties: 1. TELKOM; and
2. Opnet - Olexindo Consortium, Consisting of: (1)
Opnet Technologies Co., Ltd.; and (2) PT Olex
Cables Indonesia (Olexindo) ("OPNET-OLEXINDO
CONSORTIUM").
Scope of Agreement: TELKOM has assigned and appointed OPNET-OLEXINDO
CONSORTIUM to execute OAN Project Package II..
Rights and Obligations: OPNET-OLEXINDO CONSORTIUM
1. OPNET-OLEXINDO CONSORTIUM shall ensure the good
performance of OAN until the expiry of warranty
period;
2. OPNET-OLEXINDO CONSORTIUM shall ensure the
service quality.
Assignment: OPNET-OLEXINDO 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 OPNET-OLEXINDO CONSORTIUM to
and investor provided the investor gives
OPNET-OLEXINDO CONSORTIUM satisfactory payment
assurances in accordance to this agreement. TELKOM
reserves the right to assign the agreement, with the
prior approval of OPNET-OLEXINDO CONSORTIUM to any of
TELKOM's subsidiaries or related companies.
Termination: TELKOM shall be entitled to unilaterally, without any
claim from OPNET-OLEXINDO CONSORTIUM, terminate a part
or the entire agreement, if the following events
occur:
1. If OPNET-OLEXINDO CONSORTIUM fails to materially
execute the works or neglects to perform its
obligation;
2. If OPNET-OLEXINDO CONSORTIUM becomes subject to
bankruptcy, insolvency, liquidation or winding up
proceedings;
3. If OPNET-OLEXINDO 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.
