EXHIBIT 10.14
MODIFICATION No. 2-B
TO THE PURCHASE AND SALE CONTRACT
MADE BY AND BETWEEN
GLOBAL TELECOMMUNICATIONS OPERATIONS, INC.
AND
SIEMENS AKTIENGESELLSCHAFT
(HEREIN REPRESENTED BY SIEMENS SOCIEDAD ANONIMA)
ON MAY 30TH, 1997
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The undersigned XXXXXX XXXXXX XXXXXXXXX, of age, domiciled at Santafe de Bogota,
D.E., bearer of Passport No. 00000000, issued in Santafe de Bogota D.C., who
acts as attorney-in-fact according to special power of attorney granted by
GLOBAL TELECOMMUNICATIONS OPERATIONS, INC., (hereinafter referred to as
"COMPANY") -on the one part-, and SIEMENS AKTIENGESELLSCHAFT, a corporation
duly organized and existing under the laws of the Federal Republic of Germany,
domiciled at Berlin and Munich, represented by SIEMENS SOCIEDAD ANONIMA, a
corporation, registered in the Chamber of Commerce of Bogota under Merchantile
Registry No. 003.206, herein represented by Mr. XXXXXXX XXXXXXXXX, of age,
bearer of Identification Document No. 17.023.898, issued in Bogota, who resides
in Santafe de Bogota, and Xx. XXXXXXX XXXXX DEL XXXXXX, of age, domiciled at
Santafe de Bogota, bearer of Identification Document No. 19.182.384, a
corporation domiciled at Santafe de Bogota, which may be verified with the
Commercial Agency and Exclusive Representation Certificate, issued by the
Chamber of Commerce of Bogota (hereinafter referred to as "CONTRACTOR"), have
entered into Modification No. 2 of the main contract No.2, subscribed by these
same parties on May 30th, 1997. This Modification No. 2 consists of the
following clauses:
FIRST CLAUSE. SUBJECT: The CONTRACTOR agrees to transfer, as a Purchase and Sale
transaction, the equipment to the COMPANY at the following destination: A)
CARTAGO. EWSD commutation equipment for 17,008 telephone lines distributed into
one main office and two remote concentrators, SDH transmission equipment,
material required for construction of 20,800 primary cells, a corresponding
secondary network with flexibility not less than 30%, material and elements
required for maximizing 7,000 BCH technology cells, existing according to the
network technology, as well as elements required for the optical fiber link
between the main office and the two concentrators. B) BUGA. EWSD commutation
equipment for 17,944 telephone lines distributed into one main office, two
remote concentrators, and one ONU shelter, SDH transmission equipment, radio
equipment for ONU shelter interconnection, as well as elements required for
interconnection via optical fiber from the main office to the two concentrators-
ERT and Telecom, material required for enlargement and reposition of external
network for 23,328 cells.
SECOND CLAUSE. DOCUMENTS OF THIS MODIFICATION. The Technical Annex is an
integral part of this Modification No. 2 to the main CONTRACT. The following
aspects are included in the Technical Annex: A) General Summary of Prices, B)
List of materials and Unit Price List, C) Delivery Schedule, D) Graphics, E)
Readjustment formula for future purchases, F) Technical specifications and
characteristics of property and equipment, and the CONTRACTOR'S offer.
THIRD CLAUSE. VALUE OF THE CONTRACT. A) CARTAGO. The value of importation
supplies (CIP), included in the Technical Annex hereof is increased to SIX
MILLION FIVE HUNDRED SEVENTY-SIX THOUSAND FOUR HUNDRED TWENTY-NINE UNITED STATES
AMERICAN DOLLARS AND 91 CENTS (US$6,576,429.91), equivalent to an increment of
TWO MILLION THREE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED NINETY-SEVEN UNITED
STATES AMERICAN DOLLARS AND 65 CENTS (US$2,356,697.65). B) BUGA. The value of
importation supplies (CIP), included in the Technical Annex hereof is increased
to SIX MILLION THREE HUNDRED TWENTY-FOUR THOUSAND SIX HUNDRED FORTY-SIX UNITED
STATES AMERICAN DOLLARS AND 23 CENTS (US$6,324,646.23), equivalent to an
increment of THREE MILLION FOUR
HUNDRED FORTY-NINE THOUSAND ONE HUNDRED EIGHTY-FOUR UNITED STATES AMERICAN
DOLLARS AND 6 CENTS (US$3,449,184.06).
FOURTH CLAUSE. TERMS OF PAYMENT. The COMPANY shall pay to the CONTRACTOR the
amounts provided in the Third Clause hereof in the same terms, conditions,
percentages and guarantees agreed under the Fourth Clause - Terms of Payment -
of the main contract No.02, subscribed as of May 30th, 1997.
FIFTH CLAUSE. GUARANTEES. The CONTRACTOR must modify, proportionally in favor of
the COMPANY, the guarantees requested in the Ninth Clause - Guarantees of the
main contract No.02, subscribed as of May 30th, 1997.
SIXTH CLAUSE. DELIVERY TERM. THE CONTRACTOR agrees to deliver all importation
equipment and elements for extending and replacing the external network of
CARTAGO AND BUGA according to schedules indicated in the Technical Annex.
However, an advanced payment must be made and the importation license (if the
case may be) must be approved prior to delivery and within the period stated in
the Fourth Clause - Terms of Payment - of main contract No. 2.
SEVENTH CLAUSE. All other clauses, paragraphs, items and annexes of main
contract No. 2, subscribed on May 30th, 1997 remain as they are.
In witness whereof it is signed in Panama, on ______________________ 1998.
GLOBAL TELECOMMUNICATIONS OPERATIONS, INC.
Xxxxxx Xxxxxx Xxxxxxxxx
ATTORNEY-IN-FACT
(signature)
SIEMENS AKTIENGESELLSCHAFT
REPRESENTED BY
SIEMENS SOCIEDAD ANONIMA
___________________________________ ___________________________________
XXXXXXX XXXXXXXXX XXXXXXX XXXXX DEL CORRAL
Telecommunications Manager Attorney-in-fact
I.D. 17.023.898, issued in Bogota I.D. 19.182.384, issued in Bogota
XXXXXX XXXXXX ALBA, Notary Public No. 10 of Panama, bearer of Identification
Document No. 7-37-78
C E R T I F I E S: That the signatures of XXXXXXX XXXXXXXXX and XXXXXXX XXXXX
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DEL CORRAL have been acknowledged as theirs and therefore they are true
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signatures.
Panama, March 17th, 1998
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Witness Witness
(signature) (signature)
XXXXXX XXXXXX ALBA
Notary Public No. 10
(signature and seal)
XXXXXX XXXXXX ALBA, Notary Public No. 10 of Panama, bearer of Identification
Document No. 7-37-78
C E R T I F I E S: That the signature of XXXXXX XXXXXX XXXXXXXXX has been
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acknowledged as his and therefore it is a true signature.
Panama, April 1st, 1998
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Witness Witness
(signature) (signature)
XXXXXX XXXXXX ALBA
Notary Public No. 10
(signature and seal)
