Contract
Exhibit 4.10
Tower Leased Agreement between PT Dayamitra Telekomunikasi (‘Mitratel”) and PT Indosat Tbk (“Indosat”), No. Mitratel: 90/PKS/DMT-CEO/II/2011 and No. Indosat: 129/C00-C0D/LGL/11 dated February 4th, 2011.
The Parties:
| 1. | Mitratel; and |
| 2. | Indosat |
Scope of The Agreement
This Agreement was made to comply with the Minister of Communication and Information Regulation No. 02/PER/M.KOMINFO/3/2008 Juncto a Joint Decree of Minister of Communication and Information, Minister of Internal Affairs, Minister of Public Work and Head of Coordination Investment Board concerning Guidelines For Construction And Utilization Of Joint Telecommunication Towers, which in this case Mitratel intends to lease towers of Indosat at Basic Service (without Civil Mechanical Electrical) and reserve the right to re-lease it to TELKOM Group (“Tenants”) with a Full Service methods (plus Civil Mechanical Electrical).
Period of Agreement:
This Agreement will be in effect since the initial application form submitted by Mitratel, will be held for Ten (10) years and can be extend minimum for Five (5) years period based on mutual consent of the Parties .
Rights and Obligations of the Parties:
| 1. | To protect and/or repair the tower from damages which causes by failure construction and/or malfunction. |
| 2. | To resolve community issue which happened during the lease period |
| 3. | Receive payments from Mitratel for utilize Indosat towers and other expenses arising from this Agreement. |
Limitation for The Parties:
| 1. | Signal and/or Physical Interference to the equipments which causes by building construction, installation, operations and or maintenance to the Tower. |
| 2. | Breach the terms and condition of the contract and/or the prevailing laws. |
| 3. | To lease the Tower to the others tenants in addition to Telkom Group. |
| 4. | To multiply and/or combine its signal which was not agreed by Indosat. |
Termination of Agreement:
The Parties agreed to waive the application of article 1266 of the Indonesian Civil Code so that a Party can unilaterally terminate the Agreement. This Agreement can be terminated if the lease periods was terminated and can not extended by the Parties and/or since the signing of the Agreement.
Assignment of Agreement:
No party shall sell, assign or transfer the agreement, in part or in whole, to any third party without written concent of the other party.
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Governing Laws:
The laws of Indonesia.
Dispute Settlement:
The Parties agree to amicably settle any dispute arising with relation to the Agreement and if the parties fail to reach an amicable settlement within sixty (60) days, the dispute shall settle will referred to Indonesian National Arbitration Board (BANI) for settlement.
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