Exhibit 4.73
PROCUREMENT AND INSTALLATION AGREEMENT OF DIGITAL MICRO WAVE RADIO ("GMD RADIO")
FOR REGIONAL METRO JUNCTION (RMJ) PACKAGE II JAVA AND KALIMANTAN NO. X.XXX.
292/HK.810/ITS-00/2006 DATED 3 JULY 2006
The Parties: 1. TELKOM; and
2. PT FUJITSU INDONESIA ("FUJITSU")
Scope of Agreement: The parties agreed to procure and install the GMD
Radio RMJ Package-II in Java and Kalimantan.
Obligation of FUJITSU: 1. Responsible for all risks occurring in the
implementation of the project;
2. To obtain all necessary permits and licenses;
3. To employ qualified workers, 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;
Obligation of TELKOM: 1. To ensure the availability of the project site;
2. To provide any necessary recommendation for
FUJITSU in order to obtain all necessary permit;
3. To provide entry or exit permit to FUJITSU and
all site workers;
4. To appoint project leader (PIMPRO) and project
supervisor (WASPANG) in relation to the project.
Deadline of Completion: 180 calendar days since 3 July 2006.
Assignment: FUJITSU shall not assign a part or the whole work to a
third party without prior written consent form TELKOM.
Termination: TELKOM may unilaterally terminate the agreement should
one of the following events occur:
1. FUJITSU 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 FUJITSU for more than
continuously 1 month not as result of force
majeure and also not also due to fault of TELKOM;
5. FUJITSU is proven to have assigned the agreement
to a third party without prior written consent of
TELKOM.
Confidentiality: FUJITSU 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
FUJITSU has obtained prior consent from TELKOM.
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.
