Exhibit 4.78
PROCUREMENT AND INSTALLATION AGREEMENT ON EXPANSION OF INTERFACE VS.2, X0
XXXXXXX, X0 XXX, XXX#0X, CLIP AND ENHANCEMENT OF PSTN CENTRAL EWSD NO:
K.TEL.235/HK810/ITS-00/2006, DATED 27 SEPTEMBER 2006
The Parties: 1. TELKOM; and
2. PT SIEMENS INDONESIA ("Siemens").
Date of Agreement: 27 September 2006.
Scope of Agreement: Siemens has agreed to procure and install expansion of
interface XX.0, X0 Xxxxxxx, X0 XXX, XXX#0X, clip and
enhancement of PSTN central EWSD.
Obligation of
Siemens: 1. Responsible for all risks occurring in the
implementation of the project;
2. To obtain all necessary permits and licenses;
3. To supervise all workers and to be responsible for
their health and safety;
4. To provide sufficient equipment, including the
spare parts and infrastructure and also responsible
for the safety of such equipment and
infrastructure;
5. To provide all procedures/installation manual,
system testing and integrated test;
6. To submit a written report to TELKOM.
Obligation of TELKOM: To ensure the availability of the project site.
Deadline of
Completion: 150 calendar days after 27 September 2006 and may be
extended.
Assignment: Siemens may not assign the project, in whole or in part,
to a third party without prior written consent from
TELKOM.
Termination: TELKOM may unilaterally terminate the agreement should
one of the following events occur:
1. Siemens 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 for more than 3 months;
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 Siemens for more than
continuously 3 months not as result of force
majeure and also not also due to fault of TELKOM;
5. Siemens is proven to have assigned the agreement to
a third party without prior written consent of
TELKOM.
Confidentiality: Siemens 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 Siemens 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.
