Exhibit 4.91
AGREEMENT FOR PROCUREMENT AND INSTALLATION FOR OPTICAL ACCESS NETWORK (OAN)
PROJECT PACKAGE-I (DIVRE I AND DIVRE III) NO. K.TEL.426/HK.810/ITS-00/2006,
DATED 29 DECEMBER 2006
Parties: 1. TELKOM; and
2. Opnet - Olexindo Consortium, Consisting of: (1) Opnet
Technologies Co., Ltd.; and (2) PT Olex Cables
Indonesia ("OPNET-OLEXINDO CONSORTIUM")
Scope of Agreement: OPNET-OLEXINDO CONSORTIUM has agreed and committed to
execute OAN Project Package I (DIVRE I and DIVRE III)
Obligations of
OPNET-OLEXINDO
CONSORTIUM: 1. OPNET-OLEXINDO CONSORTIUM shall ensure the good
performance of OAN until the expiry of warranty
period;
2. OPNET-OLEXINDO CONSORTIUM shall ensure all services
quality.
Assignment: OPNET-OLEXINDO CONSORTIUM may not assign the right to any
party without the prior written consent of TELKOM. TELKOM
reserves the right to assign the agreement without prior
approval of OPNET-OLEXINDO CONSORTIUM to and investor
provided the investor gives OPNET-OLEXINDO CONSORTIUM
satisfactory payment assurances in accordance to this
agreement. TELKOM reserves the right to assign the
agreement, with the prior approval of OPNET-OLEXINDO
CONSORTIUM to any of TELKOM's subsidiaries or related
companies.
Termination: TELKOM shall be entitled to unilaterally, without any
claim from OPNET-OLEXINDO CONSORTIUM, terminate a part or
the entire agreement, if the following events occur:
1. If OPNET-OLEXINDO CONSORTIUM fails to materially
execute the works or neglects to perform its
obligation;
2. If OPNET-OLEXINDO CONSORTIUM becomes subject to
bankruptcy, insolvency, liquidation or winding up
proceedings;
3. If OPNET-OLEXINDO CONSORTIUM is in material breach of
its obligation or repudiates this agreement.
Dispute Resolution: 1. Both parties shall use their best efforts and shall
co-operate and negotiate in good faith to resolve any
and all disputes;
2. In the event that such disputes cannot be settled
amicably, the parties shall submit the dispute to
arbitration under the rules of the Indonesian
National Board of Arbitration ("BANI").
Governing Law: The agreement is governed by, construed and interpreted in
accordance with the laws of the Republic of Indonesia.
