Exhibit 4.93
CONTRACT ON THE CDMA2000-1X PURCHASE ORDER XX.X.XXX.
180/HK.940/UTA-00/2002 DATED 9 OCTOBER 2002
The Parties: 1. TELKOM; and
2. Samsung Electronics Co., Ltd.
("SAMSUNG").
Scope of Agreement: TELKOM and SAMSUNG agree to work cooperatively,
diligently and in good faith on the CDMA2000 1X
Initial Purchase Order ("Project").
Responsibility of SAMSUNG: 1. Procure, deliver, install and test the
CDMA2000-1X equipment ("Equipment");
2. Assist TELKOM personnel in conducting
the IOP test with existing PSTN and
ensure that the Equipment successfully
passes the IOP test;
3. Provide operating and maintenance
manuals, and related documents of such
Equipment in English;
4. Provide on-the-job training during
installation of equipment for TELKOM's
employees.
Responsibility of TELKOM: 1. Provide part of its existing network
(PSTN) to be used in the Project and
ensure that it is continuously available
during the Project period;
2. Prepare the site including rooms and
necessary supporting facilities for the
installation;
3. Furnish data concerning the allocated
existing network (PSTN) necessary and
sufficient for the installation;
4. Observe, test and measure all
CDMA2000-1X equipment employed in the
Project;
5. Prepare TELKOM's personnel to be trained
by SAMSUNG.
Confidentiality: All reports, documents, technical data and any
other information in the agreement are
confidential. A party must not disclose any part
of the information without prior written consent
from the other party.
Assignment: Neither party is allowed to assign and/or
subcontract its rights and obligations to any
third party without prior written consent from the
other party.
Termination: TELKOM shall have the right to terminate the
agreement if:
1. SAMSUNG breaches the terms and
conditions set out in the agreement;
2. SAMSUNG assigns its obligation without
prior consent from TELKOM;
3. A third party is proven to have
ownership to the Equipment;
4. SAMSUNG delays the performance of the
project for more than 50 calendar days;
5. The penalty has reached maximum level of
5% of agreement price.
SAMSUNG shall have the right to terminate the
agreement if TELKOM:
1. Does not fulfill its obligations as
stipulated in the agreement;
2. Breaches the terms and conditions of the
agreement.
Penalty: In the event that SAMSUNG fails to complete the
Project within the provided time, SAMSUNG shall be
imposed with the rate of six (6) per cent per
annum penalty for the delayed portion of the
agreement price on daily basis. The total amount
of any penalty will not exceed 5% of the total
agreement price.
Governing Law: The laws of the Republic of Indonesia.
Settlement of Dispute: 1. Amicable settlement;
2. Arbitration, which will be held in
Singapore with the Rules of Arbitration
and Conciliation of International
Chamber of Commerce (ICC).
