Exhibit 4.72
PROCUREMENT AND INSTALLATION AGREEMENT OF OSP FOR REGIONAL METRO JUNCTION (RMJ)
BANDA ACEH - SIGLI DIVRE I SUMATERA NO. X.XXX. 147/HK.810/ITS-00/2006 DATED 3
JULY 2006
Parties: 1. TELKOM; and
2. PT Telekomindo Primakarya ("TELEKOMINDO").
Scope of Agreement: The parties agreed to procure and install the OSP for
RMJ Banda Aceh - Sigli in Divre-I Sumatera.
Obligation of
TELEKOMINDO: 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: Both parties agreed that the time of completion shall be
divided into 3 works: LINK.1, LINK.2 and LINK.3. The
final LINK shall be completed in 130 days since 3 July
2006.
Obligation of TELKOM: 1. To ensure the availability of the project site;
2. To provide any necessary recommendation for
TELEKOMINDO in order to obtain all necessary
permit;
3. To provide entry or exit permit to TELEKOMINDO and
all site workers.
Assignment: TELEKOMINDO 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. TELEKOMINDO 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 TELEKOMINDO for more than
continuously 1 month not as result of force majeure
and also not also due to fault of TELKOM;
5. TELEKOMINDO is proven to have assigned the
agreement to a third party without prior written
consent of TELKOM.
Confidentiality: TELEKOMINDO 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 TELEKOMINDO 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.
