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Exhibit 4.55
AMENDED AND RESTATED KSO AGREEMENT
NO. X.XXX 310/HK.820/UTA-00/2006 DATED 19 OCTOBER 2006
Parties: 1. TELKOM; and
2. PT Bukaka Singtel International ("BUKAKA").
Scope of Agreement: BUKAKA has planned, designed, constructed, financed and
operated in excess of 326,131 Access Line Units within the
framework of a co-operative joint operating scheme ("KSO")
with TELKOM.
Signing Date: 19 October 2006 and shall terminate on 31 December 2010.
Obligations: TELKOM
1. TELKOM shall grant BUKAKA access to information, the
sites, locations and other facilities as may be
reasonably required by BUKAKA;
2. TELKOM shall ensure that the existing installation is
at all times available for use;
3. TELKOM shall indemnify and save harmless BUKAKA in
respect of all damages, losses or costs incurred by
BUKAKA as result of any material breach by TELKOM;
4. TELKOM shall not take or omit to take any action,
which could interfere with or interrupts the normal
functioning of KSO system.
BUKAKA
1. BUKAKA shall not transfer, pledge, assign or
otherwise encumber any rights in or to all or any
part of the new installation without prior written
consent from TELKOM;
2. BUKAKA shall indemnify and save harmless TELKOM in
respect of all damages, losses or costs incurred by
TELKOM as result of any material breach by BUKAKA;
3. BUKAKA shall not make or permit any change in its
ownership structure without consent of TELKOM.
Assignment: The rights of a party arising under this agreement may not
be assigned by any party without the prior written consent
of the other party.
Confidentiality: No party may communicate or use any confidential
information or permit the communication or use of
confidential information to or by any person other than
its own shareholders, lenders, professional advisors,
management, personnel, employees and sub-contractors who
need to know or use such information for the purposes
related to the agreement.
Taxes: All taxes and other duties shall be the responsibility of
each party in accordance with the prevailing laws and
regulations.
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. Any dispute which relates to the implementation of
regulatory or policy matters shall be referred to and
decided by the Minister of Communications and
Informatics of the Republic of Indonesia;
3. The parties may submit the dispute to arbitration
under the rules of the Singapore International
Arbitration Center if the parties are unable to reach
settlement after 30 days.
Governing Law: The agreement is governed by, construed and interpreted in
accordance with the laws of the Republic of Indonesia.
