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Master Plan and Detailed Design for the Establishment of the Industrial Complex in Boyolali Regency
(Status Surveying, Soil Exploration, Traffic Impact Assessment, Prior Disaster Impact Review)
This Agreement is made and entered into as of ________ 2012, in Jakarta, Indonesia by and between the following parties: The Term of Agreement 1. Status Surveying: From ____ ____ 2012 to ____ ____ 2012 2. 3. 4. Soil Exploration: From ____ ____ 2012 to ____ ____ 2012 Traffic Impact Assessment: From ____ ____ 2012 to ____ ____ 2012 Prior Disaster Impact Review: From ____ ____ 2012 to ____ ____ 2012
Korea
82-2-6333-3000 / 6333-3190 82-2-6333-3000 / 6333-3200 Ham In-Sun President
117-81-08600
Fax Email
Representative
Title
Account No.
___________________
(Hereinafter referred to as "Party B or B) In consideration of which: 0- The parties agree that Party A entrusts Party B with a consulting service for this project and Party B performs bona fide it without any defect during this contract period.
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0- Party B shall complete this project within this project period without any defect as requested by Party A. 0- NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
1. Definitions
The words set forth to this agreement including annexes shall have the following meanings unless the context clearly requires otherwise: 1.1 Service Fee" is the expense paid to Party B by Party A as specified in Article 6.1 hereof with reference to the implementation of contract services. 1.2 The Agreement means this contract and enclosed annexes (work instruction).
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current laws, legal documents, regulations, enforcement decree, design standard of Indonesia, and international standards. 4.2.2Party B conducts its service in a professional way suitable for Indonesia standard and international standards. 4.2.3Party B presents Party A project results timely and with good quality. 4.2.4Party B consults and assists Party A by project step to improve the efficiency of project. 4.2.5Party B ensures that all experts participating in this service are specialized engineers who have sufficiently experienced in similar projects. 4.2.6Party shall exactly conducts its service Party As requirements based on all specialized technologies, reasonable sincerity and diligence. 4.2.7Party B shall immediately notify Party A of all matters arising in the process of this service. 4.2.8Party B shall reside civil engineers (who have sufficiently experienced in water supply, power supply, traffic, disaster, others) in a field office provided by Party A for three months to enable them to support Party As engineers. 4.2.9Party B's engineers shall have comprehensive experience for civil work. They shall be able to extent one more month to serve in the field office as requested by Party A.
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Service Scope
Status Surveying, Soil Exploration, Traffic Impact Assessment, Prior Disaster Impact Review Status Surveying, Soil Exploration, Traffic Impact Assessment, Prior Disaster Impact Review Status Surveying, Soil Exploration, Traffic Impact Assessment, Prior Disaster Impact Review
The above amount includes the value added tax (VAT). 6.1.1Party A shall pay Party B a service fee as soon as possible when a given service is completed. 6.1.2The above service fee shall include taxes applied to services implemented in accordance with Indonesia laws. 6.2 Payment of Service Fee As specified in Article 6.1 hereof, Party A shall pay Party B a service fee in the following order. 6.2.1Initial Payment (30% of contract price) : US$ 30,630 6.2.2Intermediate Payment (30% of contract price) : US$ 30,630 (when status surveying and more than 30 holes of soil exploration are completed) 6.2.3Balance (40% of contract price) : US$ 40,840 6.3 All payments payable by Party A hereunder shall be settled by US dollar.
7. Confidentiality
7.1 Each party shall secure that any information regarding the other party which it may learn in the course of negotiations for or carrying out of this Agreement is treated by it in strict confidence and shall not disclose or use such information without prior written consent, except as requested by related authorities. 7.2 Party B shall not provide or divulge project results to third parties in any cases.
8. Language
This Agreement is prepared in English and Korean. Each of which has the same legal effect. If there is any difference between two languages, English version is only prepared based on Korean version and so Korean version shall prevail over English version.
9. Replacement(Entire Agreement)
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This Agreement constitutes the entire agreement between the parties and supersedes all previous negotiations, representations, undertakings and agreements heretofore made between the parties with respect to the subject matter.
12. Dispute
If there is any dispute between the parties, out of or in relation to validity, interpretation, implementation or termination of this Agreement, the parties shall make every effort to settle it. If the dispute cannot be amicably arbitrated by mutual discussion, it shall be finally settled by a third arbitrator appointed by Party A, which is settled in English. The award rendered by the arbitrator shall be final and binding upon both parties concerned.
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15. Notice
Notice and communication between both parties shall be conducted in English or Indonesian and considered valid if it is sent by registered mail, telegraph, fax, and other means or in person to the other party. If each party changes its address, he/she shall immediately notify the other party of it. The address hereunder is as follows: Party A Representative Address
Tel SUNJIN ENGINEERING & ARCHITECTURE CO., LTD Mr. Ham In-Sun Sunjin Bldg, 43-3, Yangpyeong-dong 2ga, Yeongdeungpo-gu, Seoul, Korea 82-2-6333-3000 / 6333-3190 82-2-6333-3000 / 6333-3200 PT INDRA KARYA
Fax
Party B
Representative Address
Tel
62-341-362261
62-341-324402 lab geotek_ika@yahoo.com
Fax Email
16. Amendment
16.1If there is any slight request of Party A during the project period, Party B shall perform it without additional expense and survey the surroundings of zone limit with sufficient tolerance before delivery. (Surveying more than 50m surrounding the zone limit (boundary line)) 16.2If soil exploration is performed using samples collected at other areas (aggregate source) not the project site, up to 5 times shall be conducted without additional expense. Thereafter, the additional expense shall be determined by mutual conference.
17. Damages
17.1Party B shall pay Party A liquidated damages which is 2.5/1000 of the contract price for each day in delay. 17.2Indemnity for delayed services shall be paid directly by Party B or deducted from the service consulting fee.
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17.3The trade name logo of Party B can be opened, exhibited or advertised by negotiation with Party A.
19. Validity
19.1Party A and Party B agree that they have fully read and understood this Agreement and have capacity to sign and implement it. 19.2This Agreement shall come into effect after signed by the parties. This Agreement is prepared by Six(6) counterparts in Korean and English respectively, each of which shall be deemed an original. Each of the parties shall keep three(3) counterparts in Korean and three(3) counterparts in English. IN WITNESS WHEREOF, the parties hereto have confirmed the aforementioned negotiations and signed and sealed this Agreement as follows.
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