Agreement - 范本
0 人赞同了该文章
CONFIDENTIAL INFORMATION REDACTED
(TRANSLATION FROM THE THAI LANGUAGE ORIGINAL)
AGREEMENT
FOR THE LEASE AND THE CONTRACT FOR IMPROVEMENT, REPLACEMENT, REPAIR, MAINTENANCE AND OPERATION OF TELECOMMUNICATIONS FACILITIES FOR THE CELLULAR DIGITAL AMPS 800 BAND A SYSTEM
THIS AGREEMENT is made at the Communications Authority of Thailand of 99 Moo 3 Changwattana Road, Khwaeng Thungsonghong, Khet Laksi, Bangkok Metropolis 10002 on 16 October 2000.
BETWEEN:
1. The Communications Authority of Thailand by Mr. Thirapong Suttinon, Governor of the Communications Authority of Thailand, hereinafter referred to as "CAT", on the one part;
2. BFKT (Thailand) Limited, a limited company incorporated under the laws of Thailand, by Mr. Wai Man Edmund Sin, as evidenced by the Certification Document of the Partnerships and Companies Registration Office, Bangkok Metropolis No. Sor Or. 0057207 dated 9 October 2000, which is attached hereto and referred to in Clause 17.1, and having its head office located at 990 22nd-25th Floor, Rama IV Road, Khwaeng Silom, Khet Bangrak, Bangkok Metropolis 10500, hereinafter referred to as "BFKT", on the one part;
3. Tawan Mobile Telecom Company Limited, a limited company incorporated under the laws of Thailand, by Mr. Ormsin Chevapruk and Mr. Anuwat Laikijrung, as evidenced by the Certification Document of the Partnerships and Companies Registration Office, Bangkok Metropolis No. Sor Or. 0057205 dated 9 October 2000, which is attached hereto and referred to in Clause 17.2, and having its head office located at 947 Moo 12 Bangna-Trad Road, Khwaeng Bangna, Khet Prakanong, Bangkok Metropolis 10260, hereinafter referred to as "TMT", on the other part.
WHEREAS: CAT has the right to provide and is an operator of the service of mobile telephone under the Cellular Digital AMPS 800 Band A System, and is desirous to lease the Facilities for the Cellular Digital AMPS 800 Band A System and to contract BFKT to undertake improvement, replacement, repair, maintenance and operation of those Facilities for the Cellular Digital AMPS 800 Band A System.
NOW, THEREFORE, the three parties who, unless specifically referred to, shall be hereinafter collectively referred to as the "Parties", hereby agree as follows:
CLAUSE 1. DEFINITIONS
In this Agreement:
|
Facilities |
Means the mobile telecommunications equipment and accessories under the Cellular Digital AMPS 800 Band A System which are comprised of switching subsystem, base station subsystem, networking subsystem, ancillary equipment of switching system and network system, test devices and radio system analysis equipment including hardware and software for the said equipment and accessories as well as the equipment and accessories for the provision of additional services relating to the mobile telephone under the Cellular Digital AMPS 800 Band A System of CAT as well as all requisites for those said Facilities; |
|
Force Majeure |
Means any event outside the reasonable control of either party that prevent such party from implementing this Agreement, such as storm, flood, fire or peril or other similar natural calamity, riot or civil commotion, usurpation, embargo, blockage, accident during transportation of the Facilities, strike, war, unreasonably delay by government agency or any other state enterprise in providing necessary service requested by such party; |
|
Independent Auditor |
Means a firm of independent auditors of international standing jointly chosen by BFKT and CAT or, if they are unable to agree, nominated by the President for the time being of the Association of Certified Public Accountants of Thailand; |
|
Lease Fee |
Means the Lease Fee for the Facilities; |
|
Marketing Agreement |
Means the Agreement for Marketing Service of Mobile Telephone Under the Cellular Digital AMPS 800 Band A System of CAT dated 14 August 1996, as amended by the Amendment No. 1/2540 to the Agreement for Marketing Services dated 1 April 1997 and the Amendment No. 2/2543 dated.......... between CAT and TMT; |
|
Metropolitan |
Means the area of Bangkok Metropolis and Nonthaburi, Samutprakarn, Pathumthani, Prachuab Kirikhan, Petchburi, Ratchaburi, Kanchanaburi, Nakorn Pathom, Samutsongkram, Samutsakorn, Suphanburi, Ayudhaya, Angthong, Lopburi, Singburi, Prachinburi, Nakorn Nayok, Srakaew, Chonburi, Chachoengsao, Rayong, Chantaburi, Trad. |
|
Operating Expenses |
Means expenses incurred by BFKT in operating the Facilities which include installment and lease fee for the transmission back bone and equipment, staff wage, cost of public utilities, expense for management and operating staff and related overheads, lease fee and expenses for office and office equipment, insurance premiums and other expenses relating to the operation of the Facilities; |
|
Upcountry |
Means other provinces outside the Metropolitan. |
|
Wage |
Means the wage for the improvement, replacement, repair and maintenance of the Facilities; |
CLAUSE 2. LEASE OF FACILITIES
2.1 CAT agrees to lease and BFKT agrees to let the Facilities installed under Clause 2.5 and which are in service, in the number of not less than[***][ (***)] cell sites which are owned and procured, imported, tested and installed by BFKT in the condition that must be complete according to the test under Clause 2.5, paragraph two, pursuant to the Technical Specification and Operating Plan attached hereto and referred to in Clause 17.3 with BFKT's own expenses, for CAT to use in the provision of service of mobile telephone under the Cellular Digital AMPS 800 Band A System of CAT for a lease period commencing as from the effective date of this Agreement until 21 April 2015.
In case BFKT will procure, import, install and test the Facilities which is not according to the Technical Specifications and Operating Plan which are attached hereto and referred to in Clause 17.3, BFKT must make a proposal to CAT for consideration and approval not less than 30 days before the implementation thereof.
详细内容见附件
附件：
1.
Agreement for the Lease and the Contract for Improvement, Replacement, Repair, Maintenance and Operation of Telecommunications Facilities f.docx
下载
发布于 2021-11-05 09:28:19
还没有评论
