Exhibit 4.12
AMENDMENT NO. 1
TO MASTER PARTNERSHIP PROCUREMENT AGREEMENT
FOR FIXED WIRELESS ACCESS PACKAGE-2 T-21 PROJECT
NO.K.TEL.217/HK.910/UTA-00/2002
DATED DECEMBER 23, 2002
AMENDMENT No. 1
TO MASTER PARTNERSHIP PROCUREMENT AGREEMENT
NO.K.TEL.217/HK.910/UTA-00/2002 DATED 23 DECEMBER 2002
FOR FIXED WIRELESS ACCESS PACKAGE-2 T-21 PROJECT
NUMBER: X.XXX. 273 /HK.920/UTA-00/2003
On this day WEDNESDAY dated THIRTYONE month December of year 2003, at Corporate
Office of PT. (Persero) Telekomunikasi Indonesia, Tbk. Jalan Japati No.1,
Bandung, between the parties:
I. PT (PERSERO) TELEKOMUNIKASI INDONESIA, Tbk., a telecommunication
services and network provider established and incorporated under the
law of the Republic of Indonesia, having its registered office at Xxxxx
Xxxxxx Xx.0 Xxxxxxx - 00000, in this Amendment represented by
KRISTIONO, President Director, hereinafter in this Amendment referred
to as TELKOM;
And
II. SAMSUNG CONSORTIUM, established based on Consortium Agreement dated 11
December 2002, comprised of SAMSUNG ELECTRONICS CO., LTD, as leader of
the consortium having its legal domicile in Seoul, Korea, for the
purpose of signing of this Amendment being duly represented by YEO
XXXXX XXXX, in his capacity as General Manager Telecommunication
Systems Division, PT MITRAGUNA INTIKOM, as a member of the Consortium,
having its legal domicile in Jakarta, Indonesia, for the purpose of
signing of this Amendment being duly represented by Budi F.
Japadermawan, in his capacity as Director and XX.XXXXXXX TELE-
COMMUNICATION INDONESIA, a company incorporated under the law of the
Republic of Indonesia, which its
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article of association has legalized by Minister of Justice and HAM RI
through letter No.C-28256.HT.01.01.TH.2003 dated 2 December 2003 its,
as a member of the Consortium, for the purpose of signing of this
Amendment being duly represented by XXX XXX HEE, in his capacity as
Director;
Hereinafter collectively the Parties belonging to this Consortium in
this Amendment referred to as PARTNER.
(severally SAMSUNG ELECTRONICS CO., LTD referred to as SAMSUNG, PT
MITRAGUNA INTIKOM referred to as INTIKOM, and PT. SAMSUNG
TELECOMMUNICATION INDONESIA referred to as STIN).
By first taking into consideration the following matters:
a. Whereas TELKOM and SAMSUNG Consortium have signed the Master
Procurement Partnership Agreement No. K.TEL.217/HK910 /UTA-00/2002
dated December 23, 2003 (hereinafter referred to as the "Main
Agreement");
b. Whereas SAMSUNG Consortium intended to add a new consortium member
through its letter dated August 22, 2003;
c. Whereas STIN as a company which is requested as a new consortium member
has fulfilled the TELKOM's requirement where it's the article of
association shall be legalized by Minister of Justice and HAM RI.
After having taken into consideration the above matters, TELKOM and PARTNER have
agreed to amend the provisions stipulated in the Main Agreement by the following
terms and conditions:
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ARTICLE 1: MEMBER OF CONSORTIUM
Referring to the Preamble of Main Agreement, TELKOM and PARTNER agreed to add a
new Consortium member, namely:
Name of Company: PT. Samsung
Telecommunication Indonesia.
Address: Wisma Antara Lantai-8 Suite 803, JI.Medan Merdeka Xxxxxxx Xx.00
Xxxxxxx-00000 Xxxxxxxxx.
ARTICLE 2: NOTICE
All notification required in connection with the implementation of this
Amendment concordant article 20 Main Agreement still valid, except is add
addressed follows:
Other copy to PT. MITRAGUNA INTIKOM, must be address to:
PT. SAMSUNG TELEKOMUNIKASI
INDONESIA (STIN)
WISMA ANTARA lantai-8
Jl. Medan Merdeka Selatan Xx. 00
Xxxxxx, Xxxxxxx 00000, Xxxxxxxxx
Up. IG XXX XXXX
Fax. (000) 0000000
E Mail: Xx.xxxx@xxxxxxx.xxx
ARTICLE 3: RIGHT AND RESPONSIBILITY
Right and responsibility which is obligate PARTNER definitely as at Main
Agreement.
ARTICLE 4: EFFECTIVE DATE OF AMENDMENT
This Amendment becomes immediately effective after duly signed by TELKOM and
PARTNER.
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ARTICLE 5: APPENDICES
The following Appendices of this Amendment constitute an inseparable part of the
Main Agreement and this Amendment:
Appendix 1 : Power of Attorney
Appendix 2 : Consortium Agreement
Appendix 3 : Correspondence
Appendix 4 : Company Profile of STIN
If there is a conflict between the terms specified in the main body of this
Amendment and the Appendices, the terms specified in the main body of this
Amendment shall govern.
ARTICLE 6: OTHER PROVISIONS
6.1. All terms and conditions as stipulated in Main Agreement, except as
expressly amended in accordance with the provisions of this Amendment,
shall remain valid in full force.
6.2. This amendment is drawn-up with two (2) originals, in the Indonesian
Language and English Language, each of them having the same meaning,
and having the same legal power after being signed by both parties.
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In witness whereof the Parties, hereto set their hand this day and year above
written.
Signed by, for and on behalf of:
PT.TELEKOMUNIKASI INDONESIA, Tbk. SAMSUNG CONSORTIUM
SAMSUNG ELECTRONICS CO., LTD
(LEADER)
/s/ Kristiono
------------------------ [STAMPED]
KRISTIONO
--------------
Direktur Utama /s/ Yeo Xxxxx Xxxx
----------------------------
YEO XXXXX XXXX
----------------------------------
General Manager, Telecommunication
Systems Division
PT MITRAGUNA INTIKOM (MEMBER)
[STAMPED]
/s/ Budi F. Japadermawan
-------------------------------
BUDI F. JAPADERMAWAN
--------------------
Director
XX.XXXXXXX
TELECOMMUNICATION INDONESIA
(MEMBER)
/s/ Xxx Xxx Hee
-----------------------
XXX XXX HEE
-----------
Director
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