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Exhibit 4.70
PROCUREMENT AND INSTALLATION AGREEMENT OF MSOAN PACKAGE III DIVRE-I SUMATERA NO.
X.XXX. 140/HK.810/ITS-00/2006 DATED 29 JUNE 2006
The Parties: 1. TELKOM; and
2. PT Industri Telekomunikasi Indonesia ("INTI").
Scope of Agreement: INTI has agreed to procure and install the MSOAN Package
III in Divre-I Sumatera.
Performance Bond: INTI must deliver the performance bond to TELKOM in a
form of Surety Bond from PT Jasindo.
Obligation of INTI: 1. Responsible for all risks occurring in the
implementation of the project;
2. To obtain all necessary permits and licenses;
3. To employ qualified personnel, supervise their
works and to be responsible for their health and
safety;
4. To provide sufficient equipment and infrastructure
and also responsible for the safety of such
equipment and infrastructure;
5. To clean up the project site;
6. To submit a written report to TELKOM.
Deadline of
Completion: 113 calendar days since 29 June 2006.
Obligation of TELKOM: 1. To ensure the availability of the project site;
2. To provide any necessary recommendation for INTI in
order to obtain all necessary permit;
3. To provide entry or exit permit to INTI and all
site workers.
Termination: TELKOM may unilaterally terminate the agreement should
one of the following events occur:
1. INTI has not commenced the project after 14
calendar days since the signing of the agreement;
2. When the work is delayed due to series of force
majeure events, which occurs consistently for more
than 1 month;
3. When the completion of the work exceeds by more
than 50% calendar days for each location and the
amount of penalty has reached 5% of total agreement
price;
4. The work is delayed by INTI for more than
continuously 1 month not as result of force majeure
and also not also due to fault of TELKOM;
5. INTI is proven to have assigned the agreement to a
third party without prior written consent of
TELKOM.
Confidentiality: INTI shall keep the secrecy of all data including but
not limited to information, statement and other document
unless such information, statement and document has
already been published by TELKOM or INTI has obtained
prior consent from TELKOM for the disclosure.
Settlement of
Dispute: 1. Any disputes shall be settled amicably between
parties based upon good faith;
2. If the parties are unable to settle the dispute
amicably, then the parties shall submit the dispute
to the Indonesian National Board of Arbitration
(BANI).
Governing Law: The laws of the Republic of Indonesia.
