Turbine Generator Overhaul Contract- CLEAN DRAFT.doc
- 1. Page 1 of 11 SERVICE AGREEMENT This Service Agreement (hereinafter referred to as the “Agreement”) is made, entered into and signed on this day, ........................... by and between: I. PT. __________________, a limited liability company duly incorporated and existing under the laws of the Republic of Indonesia, having its principal head office at ................................................................... (hereinafter referred to as the “Owner”); and II. __________________ Co., a company duly incorporated and existing under the laws of Korea, having its principal head office at ...................................................(hereinafter referred to as the “Contractor”). (The Owner and the Contractor are hereinafter collectively referred to as the “Parties” and severally as the “Party”) WITNESSETH A. WHEREAS, the Owner is the owner of Turbine Generator Shin Nippon Machinery 6 MW (hereinafter referred to as “Turbine Generator”) which currently located and operated by the Owner at ............................................ (hereinafter referred to as the “Project Site”); B. WHEREAS, in order to perform the routine maintenance of the Turbine Generator, the Owner is desires to perform the overhaul of the Turbine Generator; C. WHEREAS, the Contractor is a party which has experiences and expertise in the field of maintenance services of generator including without limitation to perform the routine maintenance and/or the overhaul service of the generator; D. WHEREAS, in consideration of the above, the Contractor has submitted the quotation dated .............................. as attached in the Appendix A of this Agreement (hereinafter referred to as “Quotation”) to the Owner and the Owner has accepted the Quotation which submitted by the Contractor, therefore, the Owner is desires to appoint the Contractor to perform the overhaul service of the Turbine Generator including the re- installation, testing and commissioning of the Turbine Generator after the overhaul has been performed (hereinafter referred to as the “Service”) and the Contractor is desires to accept the appointment from the Owner to perform the Service. NOW THEREFORE, in consideration of the mutual premises and covenants herein contained, the Parties hereby agree as follows: ARTICLE 1 SCOPE OF AGREEMENT 1. Subject to the terms and conditions of this Agreement and Quotation and/or any documents referred herein, the Owner agrees to appoint the Contractor to perform, conduct, provide and complete the Service and the Contractor agrees to accept the appointment from the Owner to conduct, provide and complete the Service. 2. The Parties agree that the Service that shall be conducted, provided and completed by the Contractor to the Owner shall including without limitation to the following parts: a. Turbine; b. Reduction Gear; c. Auxiliaries; d. Generator; e. Tools.
- 2. Page 2 of 11 3. General Conditions of the Service In conducting, performing, providing, executing, completing, fulfilling the Service, the Contractor shall: a. carry out the Service according to the drawing(s) and the specifications and shall test all engineering data other necessary procedure. b. clear out and restore existing equipment inside the Project Site in order to carry out the Service free of charge. c. perform all detail of the Service under the supervision of the Owner without any objections. d. acquires the approval from the owner prior to the implementation of various design plans for the Service. e. submit the periodical written report related to schedule and progress of the Service. f. following any and/all Owner’s instruction which may be given from time to time. g. not assign, transfer, or otherwise convey its’ obligations hereunder in whole or in part to any individual, firm, corporation, other entity or any other party without the prior written consent of the Owner. ARTICLE 2 SCHEDULE OF SERVICE The Service shall be starting to be provided and conducted by the Contractor to the Owner not later than ................................ and the Service shall be completed and the Turbine Generator shall be ready for operation not later than .......................... proven by written Service Completion Report which: i) issued, made and signed by the Contractor; and ii) approved and signed by the Owner or its representative (hereinafter referred to as the “Service Completion Report”) (hereinafter referred to as the “Completion Time”). ARTICLE 3 SERVICE FEE AND TERMS OF PAYMENT 1. The Parties agree that for any and/or all Service which performs by the Contractor in accordance with this Agreement, Quotation and/or any documents referred herein and/or any alteration which may be agreed by the Parties from time to time (if any), the Owner shall pay the total service fee for the Service in the amount of USD ................. (in words: ................................................... United States of America Dollars only) (hereinafter referred to as the “Service Fee”). 2. The Service Fee shall inclusive of all air fares & hotel accommodation in Indonesia. 3. The Owner shall provide food & accommodation at the Project Site. 4. Except if stipulated otherwise in this Agreement, the Parties agree that the Service Fee shall be paid by the Owner to the Contractor by way of Telegraphic Transfer into the Contractor’s bank account, which shall be designated in written by the Contractor and submitted to and received by the Owner not later than 7 (seven) business days prior to the due date of each payment, in the following manner: a. 90% (ninety percent) of the Service Fee in the amount of USD ............... (in words: .................................................... United States of America Dollars only) (hereinafter referred to as the “First Payment”) shall be paid not later than 7 (seven) business days after: i. completion of the Service, proven by the approval and execution of Service Completion Report by the Owner or its representative; and ii. the Owner has received the invoice of the First Payment and/or any other document(s), which may be deemed necessary by the Owner to pay the First Payment to the Contractor, from the Contractor;
- 3. Page 3 of 11 b. 10% (ten percent) of the Service Fee in the amount of USD ............. (in words: ............................. United States of America Dollars only) (hereinafter referred to as the “Second Payment”) shall be paid by the Owner to the Contractor, as the retention money, after: i. the Warranty Period (as defined herein) has been matured; ii. the written final acceptance certificate which at least stating, confirming and certifying that the Contractor has conducted, provided, executed, completed and fulfilled any and all of the Service in accordance with and as stipulated in the Agreement, Quotation and/or any documents referred herein and/or any alteration which may be agreed by the Parties from time to time (if any) (hereinafter referred to as “Final Acceptance Certificate”) has been made, issued and signed by the Owner or its representative; and iii. the Owner has received the invoice of the Second Payment and/or any other document(s), which may be deemed necessary by the Owner to pay the Second Payment to the Contractor, from the Contractor. 5. All the bank charges incurred from any and/or all transfer process of the Service Fee shall be borne by the Owner and any and/or all the bank charges incurred from the receiving the Service Fee shall be borne by the Contractor. 6. Except if otherwise specifically provided and/or stipulated in this Agreement, the Owner shall bear and pay all taxes (including without limitation to the local service income tax (PPH Pasal 26), income tax (Pajak Penghasilan/PPh)), duties, levies and charges assessed on the Owner and/or the Contractor and/or its employees, officers, administrators, representatives, successors, permitted assigns by the government authorities (whether in Korea and/or in Indonesia) in connection with the Service and/or the implementation of the Agreement. 7. The Contractor shall submit certificate of Domicile ( From *DGT 1) to the Owner. ARTICLE 4 WARRANTY 1. The Contractor warrants and guarantees that the Service which will be and/or has been conducted, provided, performed and completed by the Contractor in accordance with and as stipulated in this Agreement, Quotation and/or any documents referred herein and/or any alteration which may agreed by the Parties from time to time (if any) is and will be: a. free from any defects and/or faults in workmanship when the Turbine Generator is used under normal operation and proper maintenance conditions; b. performs in a workmanlike manner by a skilled and qualified staff in accordance with the highest industry standards and practices; c. not violates and/or breaches any and all applicable law (including without limitation to any and all applicable import, export, licensing, permitting, taxes and/or service requirements and/or regulations) and/or any other regulations and/or any other agreement which the Contractor is a party and/or bound by it. 2. The Contractor undertakes, warrants and guarantees that the Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns whose performing the Service on behalf of the Contractor will and shall at all times comply with any and all applicable law and/or any security and safety regulations in effect from time to time which applies when the Service is being conducted and/or performed. 3. In the event that the Owner found that the Service which conducted, provided, performed and/or completed by the Contractor is defects and/or faults and/or not in accordance with the Agreement, Quotation and/or any documents referred herein
- 4. Page 4 of 11 and/or any alteration which may agreed by the Parties from time to time (if any), then the Contractor shall change and/or repair and/or replace any part and/or whole part of the Service, which determined by the Owner as defects and/or faults and/or not in accordance with the Agreement, Quotation and/or any documents referred herein and/or any alteration which may agreed by the Parties from time to time (if any), without imposition of additional cost including without limitation to the repair cost, replacement cost, fabrication cost, transportation cost, accomodation cost, labor cost and/or delivery cost. 4. The warranty as stipulated in this Article 4 shall be valid for a period of 12 (twelve) months from the execution date of Service Completion Report (hereinafter referred to as the “Warranty Period”). 5. For avoidance of doubt, in the event during the validity of the Warranty Period the Contractor cannot fulfills any and/or all of its obligations as stipulated in this Article 4, the Owner shall has the rights as follows: a. to automatically deduct and/or reduce the amount of the Second Payment by the amount of damages, losses, expenses and/or costs which incurred by the Owner as the result of the inability of the Contractor to fulfill its obligations as stipulated in this Article 4; or b. not to pay the Second Payment, in the event the damages, losses and/or expenses and/or costs which incurred by the Owner as the result of the inability of the Contractor to fulfill its obligations as stipulated in this Article 4 has an equal amount with or exceeding the amount of the Second Payment. For avoidance of doubt, in the event the amount of losses and/or expenses and/or costs which incurred by the Owner as the result of the inability of the Contractor to fulfill its obligations as stipulated in this Article 4 has reached an amount exceeding the amount of the Second Payment, the Owner shall has the rights to: i. claim, demand, suit, action, proceed and/or prosecute the Contractor and/or its officers, administrators, representatives, successors and/or permitted assigns for any damages, losses, costs and/or expenses which incurred by the Owner as the result of or in connection with the inability of the Contractor to fulfill its obligations as stipulated in this Article 4; and/or ii. terminate this Agreement by giving 7 (seven) business days prior written notice to the Contractor, in the event the Contractor does not fulfill the claim, demand, suit, action, proceed and/or prosecution which conducted by the Owner in accordance with point i above. ARTICLE 5 LIQUIDATED DAMAGES 1. In the event that the Contractor does not complete and/or fulfill the Service within the time of Completion Time due to any reason whatsoever which attributable by the Contractor and/or its employees, officers, administrators, representatives, successors, permitted assigns, then the Contractor shall pay the liquidated damages at rate 0.3% (zero point three percent) of the Service Fee per 1 (one) day of delay (hereinafter referred to as the “Liquidated Damages”). The Liquidated Damages shall be subject to maximum amount of 5% (five percent) of the Service Fee. 2. In the event that the Service has not been completed by the Contractor until the Liquidated Damaged has reached its maximum amount, then the Owner shall has the rights to terminate this Agreement by giving not later than 7 (seven) days written prior notice to the Contractor. ARTICLE 6 CONFIDENTIAL INFORMATION
- 5. Page 5 of 11 1. Unless required otherwise by law and/or court and/or arbitration order and/or decision and/or any government authority, the Contractor and/or its officers, administrators, representatives, successors and/or permitted assigns shall treat as confidential all information concerning the Owner and/or its business and the performance of the Service and/or the Turbine Generator (hereinafter referred to as the “Confidential Information”). 2. The Contractor will only use the Confidential Information as required in and for the performance of the Service and the Contractor will not and shall not divulge such Confidential Information to any party other than the persons designated and/or approved in written by the Owner or its representative. In the event the Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns is required to furnish such Confidential Information to court and/or arbitration and/or any government authority and/or as required by law, the Owner shall be notified in written by the Contractor prior to the disclosure of such Confidential Information. 3. The Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns is obliged to hold Confidential Information and shall do so until the termination or expiration of this Agreement. The Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns shall return to the Owner all information made available for the Contractor to carry out the Service and/or the Turbine Generator. All information, data and/or products shall remain the property of the Owner. 4. The Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns obligation of confidentiality under this Agreement is a continuing obligation and shall remain in force during the term of the Agreement and shall remains survive after the termination and/or the expiration of the Agreement and afterwards for a period of 2 (two) years. 5. Without prejudice to any other rights and remedies which the Owner may has under the applicable law, any breach to the Article 6 of this Agreement that conducted by the Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns shall gives the Owner the rights to claim, demand, suit, action, proceed and/or prosecute the Contractor and/or its employees, officers, administrators, representatives, successors and/or permitted assigns for any damages, losses, costs and/or expenses which incurred by the Owner as the result of or in connection with such breach. ARTICLE 7 FORCE MAJEURE 1. The Parties hereto shall not be responsible to each other for any failure or delay in performance of all or part of their respective obligations under this Agreement, which directly owing to cause of circumstances beyond their reasonable control, which causes including but limited to decrees or actions of government, war, economic crisis or other substantially serious events as agreed upon between the Parties (hereinafter referred to as the “Force Majeure”). 2. In the event the Force Majeure occurs, the prevented Party(ies), when failing or unable to carry out its obligation(s) in accordance with this Agreement, shall not be deemed as a breach of Agreement provided that the prevented Party(ies) shall take all reasonable measures to permit it to resume performance hereunder within the shortest practicable time, and shall keep the other Party fully informed of its’ plan to overcome and/or mitigate the Force Majeure circumstances.
- 6. Page 6 of 11 3. The prevented Party shall notify the other Party within 7 (seven) calendar days of the occurrence of the Force Majeure. Failure by the prevented Party to comply with this Article 7 paragraph 3 shall result in it losing its rights to rely upon (or to continue to rely upon) the event of Force Majeure to which the failure relates and such Party shall conducts its obligations as if the Force Majeure condition has been passed and/or never occurs. 4. Those obligations of the Parties which are provided for in this Agreement and which are not affected by the event of Force Majeure shall continue unabated. 5. Should the Force Majeure circumstances and/or the effect of a Force Majeure continue for more than 30 (thirty) consecutive days, the Parties shall settle the further execution of the Agreement through friendly negotiations. If the Owner believes that such negotiation is impracticable or that it will not result in a satisfactory resolution, the Owner shall has the rights to terminate the Agreement by giving not later than 7 (seven) calendar days written prior notice to the Contractor, and settle accordingly. ARTICLE 8 TERMINATION OF THE AGREEMENT 1. This Agreement shall be expired or can only be terminated because of the following events: a. Automatically expired after any and all obligation of the Parties as stipulated under this Agreement has been fulfilled in full by the Parties; or b. Terminated by the Owner pursuant to the Article 7 paragraph 5 of the Agreement, in the event of Force Majeure has been occurs; or c. Terminated by the Owner pursuant to the Article 5 paragraph 2, in the event the delay of the Completion Time of the Service has been occurs and the Liquidated Damages has reached its maximum amount; or d. Terminated by the Owner by giving not later than 14 (fourteen) calendar days written prior notice to the Contractor, in the event, based on Owner’s sole discretion, the Contractor is breaching any of the provision of the Agreement, Quotation and/or unable to perform and provide the Service pursuant to the Agreement, Quotation and/or any document referred herein and/or any alteration which may agreed by the Parties from time to time; or e. Terminated by mutual written agreement of the Parties; or f. Terminated by the Contractor by giving not later than 30 (thirty) calendar days written prior notice to the Owner, in the event the Owner is still unable to perform its obligations as stipulated in Article 3 paragraphs 1 and 4 after the Contractor has given 2 (two) times warning letters (each letter shall has 14 (fourteen) calendar days of grace period) to the Owner in order to fulfill its obligations as stipulated in Article 3 paragraphs 1 and 4; or g. Terminated by either Party by giving not later than 14 (fourteen) calendar days written prior notice, in the event that the other Party is dissolved, liquidated, declared bankrupt, or insolvent or becomes a party to proceedings or arrangements involving liquidation, receivership, or the settlement of debt(s); or h. Terminated by the Owner pursuant to the Article 4 paragraph 5 of the Agreement, in the event the Contractor fails to perform and/or fulfill its obligations as stipulated in Article 4 of this Agreement. 2. In the event the Owner terminates the Agreement pursuant to Article 8 paragraph 1 sub-paragraph b or in the event the Agreement is terminated by the Parties pursuant to Article 10 paragraph 1 sub-paragraph e or in the event the Contractor terminates the Agreement pursuant to Article 10 paragraph 1 sub-paragraph f or g, then the Owner shall pay to the Contractor the amount outstanding for the Service which the Contractor has accomplished or completed until the date of termination.
- 7. Page 7 of 11 3. In the event the Owner terminates the Agreement pursuant to Article 8 paragraph 1 sub-paragraphs c, d or g, then the following conditions shall applies: a. the Owner shall not has any obligations and/or responsibilities to pay any and all Service Fee to the Contractor; b. the Owner shall not has further responsibilities and/or liabilities in and/or out of connection with the Agreement in any form whatsoever to the Contractor; c. the Contractor shall re-install the Turbine Generator to its conditions as before any and/or whole part of the Service has been conducted by the Contractor; d. the Contractor shall has no rights, and hereby undertakes, warrants and guarantees to waive any and/all of its rights, which owned and/or will be owned in the future in accordance with the prevailing laws, to ask, claim, demand, suit, action, proceed and/or prosecute in any form whatsoever to the Owner in and/or out of connection with the Agreement and/or any and/all Service Fee. 4. In the event the Owner terminates the Agreement pursuant to Article 8 paragraph 1 sub-paragraph h, then the following conditions shall applies: a. the Owner shall has the rights to claim, demand, suit, action, proceed and/or prosecute the Contractor and/or its officers, administrators, representatives, successors and/or permitted assigns for any damages, losses, costs and/or expenses which incurred by the Owner as the result of or in connection with the inability of the Contractor to fulfill its obligations as stipulated in the Article 4 of this Agreement; and b. the Contractor shall has no rights, and hereby undertakes, warrants and guarantees to waive any and/all of its rights, which owned and/or will be owned in the future in accordance with the prevailing laws, to ask, claim, demand, suit, action, proceed and/or prosecute in any form whatsoever to the Owner in and/or out of connection with the Agreement and/or any and/all Service Fee. 5. Without prejudice to any other rights and remedies which the Owner may has under the applicable law, in the event the Agreement is terminated by the Owner pursuant to Article 8 paragraph 1 sub-paragraph c, d or g of this Agreement, then the Owner shall has the rights to claim, demand, suit, action, proceed and/or prosecute the Contractor and/or its officers, administrators, representatives, successors and/or permitted assigns for any damages, losses, costs and/or expenses which incurred by the Owner as the result of or in connection with such termination and/or any breach of the provisions of the Agreement which, based on the Owner’s sole discretion, conducted by the Contractor. 6. In case of termination of this Agreement, the Parties hereby agree to waive the provisions as set forth in Article 1266 of the Indonesian Civil Code with regard to the requirement of court pronouncement, decision or decree for the termination of an agreement. ARTICLE 9 LANGUAGE AND NOTICES 1. All writings by the Parties under the Agreement shall be drawn up in English Language. 2. All notices, consents, requests, agreement authorized or required are to be given or made pursuant to or in connection with this Agreement must be made in English language and shall be sent by courier or registered air mail or by facsimile or by e-mail to the following addresses:
- 8. Page 8 of 11 To the Owner: PT. __________________ ........................................... ........................................... ........................................... ........................................... Phone No. : ......................... Fax. No. : ......................... Attn. : ......................... To the Contractor: __________________ Co. ........................................... ........................................... ........................................... Phone No. : ......................... Fax. No. : ......................... Attn. : ......................... 3. Notices, requests and other correspondence will be deemed duly received on the 7th business day after posting if sent by courier or registered airmail or the day of dispatch if sent by facsimile, or when successfully sent if by email. 4. Any Party may change its address for the receipt of notices, consents, requests and other document at any time and from time to time by giving written notice of such change to the other Party to this Agreement within three (3) days of transmittal. ARTICLE 10 GOVERNING LAW AND ARBITRATION 1. This Agreement is governed by and constructed in accordance with the laws of the Republic of Indonesia. 2. Any disputes, controversies, conflicts, differences and/or other matters which may arise between the Parties, out of or in relation to or in connection with this Agreement, or for the breach thereof, shall be first settle through friendly negotiation between the Parties to achieve an amicable settlement within 30 (thirty) calendar days since the date of the first formal friendly negotiation meeting is conducted. 3. Failure to make amicable settlement of any disputes, controversies, conflicts, differences and/or other matters between the Parties, out of or in relation to or in connection with this Agreement, or for the breach thereof will result such disputes, controversies, conflicts, differences and/or other matters shall be finally settled by arbitration in Singapore International Arbitration Centre (“SIAC”) in accordance with the rules of SIAC. The place of arbitration shall be in Singapore. The arbitration proceedings shall be conducted in English language and shall be conducted before 3 (three) arbitrators which consisting of 1 (one) arbitrator which appointed by the Owner, 1 (one) arbitrator which appointed by the Contractor and 1 (one) of whom shall be appointed by the said 2 (two) appointed arbitrators or in accordance with the appointment from the chairman of SIAC. The expense of arbitration shall be borne in accordance with the determination of the board of arbitration. The award rendered by the arbitrators shall be final and binding upon the Parties to the Agreement. For the avoidance of doubt, neither Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute arising from and/or in relation to this Agreement and/or the transactions contemplated herein. 4. The Parties must continue to perform their obligations herein until the arbitrators give their award. ARTICLE 11 MISCELLANEOUS 1. The Contractor shall not assign, transfer, or otherwise convey its’ obligations hereunder in whole or in part to any individual, firm, corporation, other entity or any other party without the prior written consent of the Owner. In the event the Owner accepted such
- 9. Page 9 of 11 assignment, transfer and/or conveyance, the relevant assignee and/or transferee (if any) shall be bound by and fulfill the obligations or duties as stipulated in the Agreement. 2. Matters that have not been regulated or insufficiently provided in this Agreement, Quotation and/or any documents referred herein, will be discussed in good faith by the Parties and will be set out in a written document that will be signed by the Parties as the amendment or addendum of this Agreement. 3. Any and all attachments, appendixes, addendum, and/or amendments to the Agreement, Quotation and/or any documents referred herein and/or any alterations which may agreed by the Parties from time to time (if any) shall be regarded as an integral and inseparable part of this Agreement. 4. This Agreement, Quotation and any documents referred herein and/or any alterations which may agreed by the Parties from time to time (if any) constitutes the entire agreement between the Parties with respect to the subject matter hereof and shall cancels and supersedes any prior understandings and agreements between the Parties with respect thereto. 5. In the event that any provision or part of a provision in this Agreement, Quotation and/or any documents referred herein and/or any alterations which may agreed by the Parties from time to time (if any) shall for any reason be determined by any court or arbitral tribunal to be illegal, invalid or unenforceable, then the Agreement, Quotation and/or any documents referred herein and/or the remaining provisions and other parts of the provision shall not be affected, impaired and/or invalidated and shall remain in full force and effect and shall continue to be binding upon the Parties. The Parties shall, in any such event, agree on new provision(s) that would replace such provision(s). 6. The Contractor is an independent contractor to the Owner and this Agreement does not create any agency, joint venture or partnership between the Parties. The Contractor is and shall be the sole employer and principal of each person which performing the Service on behalf of the Contractor and the Contractor shall be obligated to perform all requirements of an employer under all applicable laws. The Contractor shall not impose or create any obligation or liability of any kind, express or implied, or make any contracts, promises, representations or warranties on behalf of or in the name of the Owner, or to enter into any obligation binding upon the Owner. 7. Without prejudice to any other rights and remedies which the Owner may has under the applicable law, any breach to the provisions of this Agreement that conducted by the Contractor and/or its officers, administrators, representatives, successors and/or permitted assigns shall gives the Owner the rights to claim, demand, suit, action, proceed and/or prosecute the Contractor and/or its officers, administrators, representatives, successors and/or permitted assigns for any damages, losses, costs and/or expenses which incurred by the Owner, and/or to claim indemnity instead of performance to the Contractor, as the result of or in connection with such breach. 8. For the avoidance of doubt, the Parties agree that Article 4 paragraphs 1 and 2, Articles 6, 10, and 11 paragraphs 7 and 8 shall remain survive despite of any termination and/or expiration of the Agreement. 9. This Agreement may be executed in any number of counterparts and a Party may execute this Agreement by signing any counterpart. All counterparts shall together constitute and take effect as one and the same instrument.
- 10. Page 10 of 11 10. For avoidance of doubt, in the event there is inconsistency between the provisions of the Agreement with the Quotation and/or any documents referred herein, the Parties agree that the provisions of this Agreement shall prevail in such event. 11. The Parties have executed this Agreement in the English language, which shall serve as the governing language of the Agreement. If requested by a Party, the Parties will sign a Bahasa Indonesia version of this Agreement. In the absence of a Bahasa Indonesia version, the Parties hereby disclaim any benefit from, or any rights to cancel or declare this Agreement null and void because of, the absence of a Bahasa Indonesia version pursuant to the Indonesian Law No. 24 of 2009. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first above written in 2 (two) identical copies which have equal legal power. The Owner, The Contractor, PT. __________________ __________________ Co. ___________________________ ___________________________ Name: .......................... Name: ............................. Title: Director Title: President Director
- 11. Page 11 of 11 APPENDIX A OF THE AGREEMENT QUOTATION FROM KOREAN REVISION CO. DATED .................................. (the remainder of this page is intentionally left blank)