PROCUREMENT AND INSTALLATION AGREEMENT OF MSOAN DIVRE II YEAR 2005 PHASE II LOCATION DIVRE II NO. KTEL 197/HK.810/TCC-00/2005 DATED 6 OCTOBER 2005 The Parties: 1. TELKOM; and
Exhibit 4.74
PROCUREMENT AND INSTALLATION AGREEMENT OF MSOAN DIVRE II YEAR
2005 PHASE II LOCATION DIVRE II NO. KTEL 197/HK.810/TCC-00/2005 DATED 6
OCTOBER 2005
The Parties: 1. TELKOM; and
2. ZTE -- Temasindo Consortium (the
"Consortium").
Scope of Agreement: The Consortium has agreed to procure and
install the MSOAN Phase II in DIVRE II
of 2005.
Obligations of the Consortium: 1. The Consortium is responsible for
every detail of the system design
and for all risks arising out of
the project;
2. The Consortium must use qualified
workers and employees for the
project, supervise their works
and provide all equipments and
infrastructures in good
condition;
3. The Consortium must report to
TELKOM at the latest 7 calendar
days before commencing the
project and handing the operation
and maintenance manual as
required by TELKOM;
4. The Consortium must keep the
cleanliness of the site for the
commencement of the project;
5. The Consortium and its workers
must keep the secrecy of all
information, statements and
other documents related to the
agreement;
6. The Consortium must comply with
all related prevailing regulation
in order to ensure the continuity
of the project;
7. The Consortium must obtain all
necessary licenses and permits
in order to execute the project.
Obligations of TELKOM: 1. TELKOM must provide the site and
all supporting infrastructures;
2. TELKOM must provide access/exit
permit to all workers in the
project site;
3. TELKOM must provide all necessary
recommendation for the Consortium
in order to obtain all licenses
and permits;
Assignment: The Consortium must not assign the
project to any third party without prior
written consent from TELKOM.
Penalty: The Consortium, upon delay on the
completion, will be penalized for the
amount of one per mill for each day of
its delay with maximum penalty amounted
to 5% of the agreement price.
Termination: TELKOM may terminate the agreement if
one of the following events occurs:
1. The Consortium has not started
the project after 14 days since
signing the agreement;
2. The project has been postponed
for a continuing 3 months due to
a series of force majeure
events;
3. The project completion period
has exceeded 50 calendar days or
the amount of penalty has
reached 5%;
4. The Consortium assigns the
project to a third party without
prior written consent from
TELKOM;
5. The project has been postponed
by the Consortium for more than
one month due to the inability
of the Consortium to perform the
project because its license is
revoked or declared bankrupt by
a decision of the court.
Settlement of Dispute: 1. Amicable settlement;
2. If the parties are unable to
reach any amicable settlement,
the dispute will be submitted to
the Indonesian National Board of
Arbitration (BANI).
Governing Law: The laws of the Republic of Indonesia.
