The Beginning Of The Resurrection..

Ref. No : ************
Date : ************

PRIVATE & CONFIDENTIAL


*************** SDN. BHD. (******-*)
****************************
****************************
***** *****

(ATTN: MR.****** ******* *****)


Dear Sirs,


CONTRACT NO. :SS/1.10/12

CONTRACT TITLE :DIRECT NEGOTIATION – SITE GEOTECHNICAL, TOPOGRAPHICAL & BATHYMETRIC SURVEYS CONTRACT FOR PROPOSED INTEGRATED COMPLEX COMPRISING OIL REFINERY, PETROCHEMICAL PLANT AND STORAGE FACILITIES IN **************, MALAYSIA.

SUBJECT : LETTER OF APPOINMENT
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Pursuant to your Letter of Intent and our meetings in respect of the above matter, this letter confirms the award the abovementioned contract to your company under direct negotiation basis for Site Geotechnical, Topographical & Bathymetric Surveys contract (“the Contract”) for our integrated complex comprising of an oil refinery, a petrochemical plant and storage facilities in ************, Malaysia.


1.0 Contract Sum
The Approved Provisional Contract Sum is Ringgit Malaysia: ONE MILLION TWO HUNDRED THOUSAND Only (RM1,200,000-00) (“the Contract Sum”) subject always to Item 6 hereof.



2.0 Contract Period

Unless officially extended by us, the duration of the Contract shall be Five (5) calendar months from the Mobilization Date as hereinafter defined.


3.0 Mobilization Date

Tentative date of mobilizations shall be 15 January 2013 (or any other dates as to instructed by us) during which time you shall be entitled to payment amounting to 20 % of total Contract Sum.


4.0 Scope of Work and Proposals.

For the purpose of direct negotiation, you are required to submit the Technical and Commercial Proposals that shall include all relevant technical documentations, project schedule, price schedule and unit rates sufficient to fulfill the Contract Sum. The Technical and Commercial Proposals shall be negotiated, detailed, tailored and mutually agreed by both parties in order to enter into a legally binding Contract (“the Final Contract”).


5.0 Final Contract

The Final Contract to be agreed shall embody the entire agreement between ourselves and your company with respect to the Contract and nullifies or supersedes all related oral and written understandings, agreements and qualifications made between ourselves and your company prior to Effective Date with the only exception of third party agreements and guarantees concerning the Final Contract, such as Bank Guarantees, Parent Company Guarantee, authorizations, permits, warranties, patents and license grants, arrangements for financing and insurance coverage, Indemnity and Waiver of Recourse Agreements and other commitments signed by your potential subcontractors and vendors.

Whenever necessary, you are also required to attend official meeting(s) with the relevant authorities, together with us and/or our technical advisers and financial advisers with regards to the Contract.

The Final Contarct shall be signed within Thirty (30) days (or any extended date as mutually agreed) from the date of this letter (“the Agreed Period”). Any extension of time due caused by third party, political issues, act of God or others shall be mutually discussed between ourselves.


6.0 Security Bond

This letter shall only be effective as follows:

(i) Receipt of a Security Bond of Ringgit Malaysia: ****** THOUSANDS only (RM **,000.00) by way of bank draft or bankers’ cheque (“the Security Bond”).

For the avoidance of doubt, the Security Bonds aforesaid are refundable without interest in the event that the Final Contract is not signed within the Agreed Period whereupon this letter shall also be deemed terminated.


7.0 Exclusive Rights

During the Agreed Period, your company will be given the exclusive right to negotiate and finalize the Final Contract and the contents of the Contract including to finalize the technical documents.


8.0 Confidentiality & Non-Circumvention

Please keep all information as confidential and you shall not without the prior written consent from us, issue or make any public announcement or statement and to any other irrelevant parties regarding this matter or any parts of this letter. You are not allowed to assign this letter to any other parties without our prior consent in writing.

All information exchanged hereof is to be treated as highly confidential and not to be circumvented by all parties hereto, including by/through their affiliates, subsidiaries, stockholders, partners, co-ventures, employees, advisers, lawyers, consultants, clients trading partners, associated organizations/companies and other related parties failing which the circumvented party shall be entitled to a legal monetary penalty and all expenses thereof, including but not limited to all legal costs and other expenses incurred.

This letter shall be self-terminating in the event the conditions set out in this letter are not fulfilled after which this letter shall immediately have no legal effect.

If the contents of this letter reflect the agreement between us until the signing of the Final Contract, kindly confirm your acknowledgement by signing at the end of this letter.

Thank you.

Yours faithfully,
*********************
Like · · Unfollow post · Share · Edit · Promote · 5 minutes ago

Yaz Yahya if anyone can provide same service for cheaper pls e mail me at yazli_yahya@sapuraindustrial.com.my ok
4 minutes ago · Like

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