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Exhibit 4.90
AGREEMENT FOR PROCUREMENT AND INSTALLATION FOR SECONDARY CABLE NETWORK PACKAGE I
NO. K.TEL.427/HK.810/ITS-00/2006, DATED 29 DECEMBER 2006
The Parties: 1. TELKOM; and
2. Olex Cables Indonesia ("OLEXINDO").
Scope of Agreement: TELKOM has assigned and appointed OLEXINDO to procure and
install the Secondary Cable Network Package I.
Obligations: OLEXINDO
1. OLEXINDO shall be responsible for the beginning
until the completion of the project and ensure the
operational work of the existing equipment and shall
repair, at its own cost, any damage of the existing
equipment;
2. OLEXINDO shall, at its own cost, obtain all every
permit or license from relevant authorities.
TELKOM
TELKOM shall ensure the availability of the site in order
for the OLEXINDO to execute the project.
Assignment: OLEXINDO may not assign the right to any party without
the prior written consent of TELKOM.
Termination: TELKOM shall be entitled to unilaterally, without any
claim from OLEXINDO, terminate a part or the entire
agreement, if the following events occur:
1. If OLEXINDO fails to materially execute the works or
neglects to perform its obligation;
2. If OLEXINDO becomes subject to bankruptcy,
insolvency, liquidation or winding up proceedings;
3. If OLEXINDO is in material breach of its obligation
or repudiates this agreement;
4. If the OLEXINDO assigns the agreement to other party
without prior written consent from TELKOM;
5. If the project is delayed for more than 1 month due
to any reason other than force majeure or fault of
TELKOM;
6. The time limit of the completion of the project has
passed 50 days or the amount of penalty has reached
5% of agreement price.
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.
