EXHIBIT 4.25
FIFTH AMENDMENT
FOR
DEVELOPMENT CONTRACT
PSTN EXCELLENCE REGIONAL
JUNCTION DIVRE-II
BETWEEN
PERUSAHAAN PERSEROAN (PERSERO)
PT TELEKOMUNIKASI INDONESIA, TBK.
AND
CONSORTIUM OLEX-LUCENT-BRIMBUN
No. PKS.50/HK.820/TCC-00/2003
DATED JUNE 26, 2003
FIFTH AMENDMENT
FOR
DEVELOPMENT CONTRACT
PSTN EXCELLENCE REGIONAL
JUNCTION DIVRE-II
BETWEEN
PERUSAHAAN PERSEROAN (PERSERO)
PT. TELEKOMUNIKASI INDONESIA, Tbk.
AND
CONSORTIUM OLEX-LUCENT-BRIMBUN
NUMBER: PKS. 50/HK.820/TCC-00/2003
On this TWENTY-SIXTH day of JUNE, year TWO THOUSAND THREE, placed at Jakarta,
between the concerned parties:
I. PERUSAHAAN PERSEROAN (PERSERO) PT. TELEKOMUNIKASI INDONESIA, Tbk.,
telecommunications services and network provider established and
incorporated under the law of Republic of Indonesia, having its address
at Xxxxx Xxxxxx Xx. 0 Xxxxxxx 00000, in this legal act represent by,
XXX XXXXXXXX, HEAD OF CONSTRUCTION CENTER, based on the Power of
Attorney of President Director Number : X.XXX. 107/HK510/UTA-00/02
dated 15 August 2002, hereinafter referred to as TELKOM.
II. CONSORTIUM OLEX - LUCENT - BRIMBUN, a consortium formed by Notaries
Deed No. 9 dated 14th December 2001, in front of Notary Xxxxx Xxxxx,
SH, SE, MM., having its address at Wisma Bisnis Indonesia 15th Floor,
Xx. Xxxxxx X. Xxxxxx Xxx. 00, Xxxxxxx-00000 whereas in this legal
act to be represented by XXXXXX XXXXXXX, as President Director of
PT. Olax Cables Indonesia, based on the Letter of Authorization from
PT Lucent Technologies Indonesia and PT Brimbun Raya Indah dated 23
December 2001.
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CONSORTIUM OLEX - LUCENT - BRIMBUN consist of:
PT. OLEX CABLES INDONESIA, having its address at Wisma Bisnis Indonesia
15th Floor, Jakarta, as CONSORTIUM LEADER, hereinafter referred to as
OLEX.
PT LUCENT TECHNOLOGIES INDONESIA, having its address at Tifa Building
3rd Floor, Jakarta, as CONSORTIUM MEMBER, hereinafter referred to as
LUCENT.
PT. BRIMBUN RAYA INDAH, having its address at Jakarta Barat, as
CONSORTIUM MEMBER, hereinafter referred to as BRIMBUN.
hereinafter all together in this Amendment referred to as PARTNER.
By first taking into Consideration of the following matters:
a. whereas, TELKOM and PARTNER has been bound each other in Development
Contract PSTN Excellence Regional Junction DIVRE II Number :
PKS.14/HK810/UTA-00/2002 dated 8 February 2002, hereinafter referred to
as "MAIN CONTRACT".
b. whereas, TELKOM and PARTNER has changed some articles in the Main
Contract with the first Amendment Nomor PKS. 155/HK-820/UTA-00/2002
dated August 22, 2002, hereinafter referred to as "FIRST AMENDMENT";
c. whereas, TELKOM and PARTNER has changed some articles in the Main
Contract and first Amendment Nomor PKS. 155/HK-820/UTA-00/2002 dated
August 22, 2002, with the "Second Amendment" Nomor PKS.
192/HK-820/UTA-00/2002 dated October 25, 2002, hereinafter referred to
as "SECOND AMENDMENT";
d. whereas, TELKOM and PARTNER has changed some articles in the Main
Contract, the first Amendment Nomor PKS. 155/HK-820/UTA-
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00/2002 dated August 22, 2002, and the "Second Amendment" Nomor PKS.
192/HK-820/UTA-00/2002 dated October 25, 2002, with the "the Third
Amendment" Nomor PKS. 121/HK-820/PEM-00/2002 dated December 20, 2002,
hereinafter referred to as "THIRD AMENDMENT";
e. whereas, TELKOM and PARTNER has changed some articles in the Main
Contract, the first Amendment Nomor PKS. 155/HK-820/UTA-00/2002 dated
August 22, 2002, the "Second Amendment" Nomor PKS.
192/HK-820/UTA-00/2002 dated October 25, 2002, and "the Third
Amendment" Nomor PKS. 121/HK-820/PEM-00/2002 dated December 20, 2002,
with the "Fourth Amendment" Nomor PKS. 21/HK-820/PEM-00/2003 dated 20
March 2003, hereinafter referred to as "FOURTH AMENDMENT";
f. whereas, TELKOM and PARTNER have agreed to amend the Scope of Work and
the Period of Implementation Time for SEVERAL RINGS;
g. whereas TELKOM with it's Letter number : TEL, 533/LG.270/TCC-00/2003
DATED JUNE 25, 2003 has agreed with AMENDMENT V;
After having taken into consideration the above matters, TELKOM and PARTNER
have agreed to amend the provisions - stipulated in the Main Contract, First
Amendment, Second Amendment, Third Amendment and Fourth Amendment in accordance
with the following terms and conditions:
ARTICLE 1
SCOPE OF WORK
(1) TELKOM and PARTNER have agreed to amend the Bill of Quantity (BoQ)
of the scope of work
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(2) Scope of Work based on this Amendment as specified in detail as stated
in Attachment II of this Amendment.
ARTICLE 2
CONTRACT AMOUNT
(l). The contract price based on this Amendment including VAT, insurance and
other taxes based on the law of Indonesia as follows:
- US $ 28,791,892.10 (Twenty eight million seven hundred ninety one
thousand eight hundred ninety two United States dollar and ten cents)
and
- Rp. 122.485.262.790,- (One hundred twenty two billion four hundred
eighty five million two hundred sixty two thousand seven hundred
ninety Indonesian Rupiah)
(2). The contract price per-ring system and it's breakdown as stated in
Attachment II of this Amendment.
ARTICLE 3
TIME IMPLEMENTATION PERIOD
(1) TELKOM and PARTNER have agreed to amend the Period of Time
Implementation for several RINGs, and the last RING should be completed
on March 19, 2004.
(2) The Schedule of Time implementation for each RINGS as specified in
detail as mentioned in Attachment III of this Amendment.
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ARTICLE 4
ATTACHMENT
All attachment as follows shall be an unity that could not be separated of this
Amendment, consist of:
Attachment-I:
Approval letter from TELKOM
Attachment-II:
Price summary Schedule
Attachment-III:
Implementation Schedule
Attachment-IV:
Disburment Plan
Attachment-V:
Minutes of Meeting (Design Review Meeting, Clarification & Negotiation)
ARTICLE 5
OTHERS
(1) This Amendment shall become effective as of the date after signing by
both parties.
(2) Articles and / or Attachments of the Main Contract and its Amendments
which are not amended by this Amendment, shall remain prevail and
legally binding by both parties.
(3) TELKOM and PARTNER have agreed that every word of "Divisi Pembangunan"
is the same as the word "TELKOM CONSTRUCTION CENTER" and every word of
"Kepala Divisi Pembangunan" is the same as the word "KEPALA PUSAT
CONSTRUCTION CENTER".
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(4) Copy from this Original Amendment was made in 25 (twenty five) copies
by PARTNER on PARTNER's own cost for the purpose of supervision of
implementation and others.
PT TELEKOMUNIKASI INDONESIA, Tbk, KONSORSIUM
OLEX-LUCENT-BRIMBUN,
[STAMPED]
/s/ XXX XXXXXXXX /s/ Xxxxxx Xxxxxxx
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XXX XXXXXXXX XXXXXX XXXXXXX
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KEPAL PUSAT CONSTRUCTION CENTER PIMPINAN KONSORSIUM
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