ORDER OF THE MINISTER OF DIGITAL DEVELOPMENT, INNOVATIONS AND AEROSPACE INDUSTRY OF THE REPUBLIC OF KAZAKHSTAN

of July 23, 2019 No. 172/Tax Code

About approval of the standard agreement on provision in property employment (lease) or use of the cable sewerage

According to the subitem 7) of article 8 of the Law of the Republic of Kazakhstan of December 27, 2018 "About natural monopolies", I ORDER:

1. Approve the enclosed Standard agreement on provision in property employment (lease) or use of the cable sewerage.

2. To provide to committee of telecommunications of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of national economy of the Republic of Kazakhstan

Approved by the Order of the Minister of Digital development, innovations and the aerospace industry of the Republic of Kazakhstan of July 23, 2019, No. 172/Tax Code

The standard agreement on provision in property employment (lease) or use of the cable sewerage

___________________________                                                "__" ________ 20 __ years

(place of agreement)

_________________________________________________

(the name of the subject providing service, BIN/IIN) providing in

the property employment (lease) or use of the cable sewerage which is hereinafter referred to as

The lessor, on behalf of ________________________________________________,

                            (position, surname, name, middle name (in case of its availability))

acting on the basis of the __________________________, on the one hand, and

____________________________________________________________________

(details of the user, BIN/IIN) the hereinafter referred to as Lessee, on behalf of

____________________________________________________________________,

(position, surname, name, middle name (in case of its availability))

acting on the basis of the __________________, on the other hand, signed this agreement (further - the Agreement) as follows:

Chapter 1. The basic concepts used in the Agreement

1. In the Agreement the following basic concepts are used:

the work permit - the written consent of the Lessor to production of rescue and recovery operations of the cable of communication laid in the cable sewerage provided in use to the Lessee;

the cable sewerage - set of the underground pipelines and wells intended for laying, installation and maintenance of cables of communication;

department of authorized body - Committee of telecommunications of the Ministry of Digital development, innovations and the aerospace industry of the Republic of Kazakhstan.

Chapter 2. Subject of the agreement

2. The agreement determines relations of the Parties by provision by the Lessor of the cable sewerage in property employment (lease) or use (further - Services) to the Lessee for laying of communication cables in it and its use according to the Agreement.

3. The agreement is signed with the Lessee in individual procedure.

Chapter 3. Conditions of provision of services

4. The lessor provides in property employment (lease) or use the cable sewerage according to requirements of the legislation of the Republic of Kazakhstan and (or) terms of this agreement.

5. The lessee has the right to hand over in property employment (lease) or use provided under the Agreement the cable sewerage, to the third parties from written consent of the Lessor.

6. The list of leasable channels, in provided in property employment (lease) or use, and their extent in ¬á¡á½«/km are specified in calculation of cost of the rent according to the Appendix to this Agreement.

7. The cable of communication of Arendator shall be laid in leasable part of the cable sewerage according to the specifications issued by the Lessor Arendatoru.

8. In need of performance of works in coordination with the Lessor can pay for dokladka of the pipeline of the cable sewerage Lessee to the last accomplishment of these works.

Chapter 4. Obligations of the Parties

9. The lessor shall:

1) in case of accident on the cable sewerage provided to the Lessee in property employment (lease) or use, which occurred not because of the Lessee to take all necessary measures for elimination of the reasons of accidents based on the bilateral protocol on the established reasons of accidents and violations in operation of the cable sewerage signed by authorized representatives of the Parties;

2) to eliminate all defects and damages of the cable sewerage provided in property employment (lease) or the use to the Lessee which arose not because of the Lessee;

To issue 3) to the Lessee the work permit on production of rescue and recovery operations of the cable of communication laid in the cable sewerage provided in property employment (lease) or use to the Lessee with indication of terms of carrying out rescue and recovery operations;

4) immediately to notify the Lessee on any damage, accident put to the cable sewerage in which the Lessee is given opportunity of laying of cable and whenever possible to take measures for prevention of threat of further destruction or damage of the cable sewerage;

5) to make out bill to the Lessee for fee to the 7th day of every month of the following after month in which Services were rendered;

6) to resolve other issues arising in use the Lessee of the cable sewerage of the Lessor.

10. The lessee shall:

1) to perform organizational and technical works in the cable sewerage provided in property employment (lease) or use to the Lessee in the presence of the work permit;

2) timely to bring payment for rendering Services according to the Agreement;

3) to use the cable sewerage provided in property employment (lease) or use to the Lessee according to its appointment;

4) to carry out rescue and recovery operations in telephone wells only from written consent of the Lessor;

5) immediately to notify the Lessor on any damage, accident put to the cable sewerage in which the Lessee is given opportunity of laying of cable and whenever possible to take measures for prevention of threat of further destruction or damage of the cable sewerage.

Chapter 5. Procedure for settlement

11. Calculations between the Parties are made for Services in rates (the prices, rates of charges) approved by department of authorized body according to the subitem 1 of Item 2 of article 20 of the Law of the Republic of Kazakhstan of July 5, 2004 "About communication".

12. The cost of additional Services shall be specified to the Lessee in calculation of cost of the rent according to the Appendix to this Agreement.

13. In case of change of rates (the prices, rates of charges) on Services, the Lessor notifies the Lessee in thirty calendar days prior to introduction of new rates (the prices, rates of charges) by placement of this information in mass media.

14. If the Lessee does not agree with change of rates (the prices, rates, charges), he has the right to refuse the Agreement, having directed the Lessor the written application before the date of entry into force of change of rates (the prices, rates, charges), otherwise actions of the Lessee are expression of its consent with changes of rates (the prices, rates, charges). After obtaining by the Lessor from the Lessee of the written application about refusal of the Agreement, the last stops Service provision from the effective date of change of rates (the prices, rates, charges).

15. The service fee is made by the Lessee monthly, since first month of receipt of Services, but no later than the 25th of the following after month in which Services based on the bill which is made out by the Lessor were rendered.

16. In case of delay by the Lessee of payment due dates under the Agreement more than three months the Lessor has the right to suspend rendering Services in the Agreement.

17. The financial relations which are not settled before agreement cancelation after its termination are regulated according to the legislation of the Republic of Kazakhstan.

Chapter 6. Responsibility of the parties

18. Bear the responsibility provided by the current legislation of the Republic of Kazakhstan for non-execution or improper execution of terms of this agreement of the Party.

19. In case of any violations in operation of the cable sewerage and (or) idle time not because of the Lessee, payment for the period idle time is not levied.

20. In case of violation of payment due dates according to the Agreement, the Lessee pays to the Lessor the penalty provided by the Agreement.

21. If the Lessee put damage of the cable sewerage of the lessor therefore the Lessor suffered losses, the Lessee compensates all-in cost of direct losses.

22. If the Lessor put damage to cable of communication of the Lessee in the cable sewerage therefore the Lessee suffered losses, the Lessor compensates all-in cost of direct losses.

23. Payment of penalty (penalty fee) and compensation of direct losses and expenses, in case of violation by the Parties of any of agreement obligations, does not exempt from obligation properly to fulfill the corresponding obligations under this agreement.

Chapter 7. Force majeure

24. The parties are exempted from liability for non-execution or improper execution of agreement obligations if it was consequence of force majeure circumstances. In this case any of the Parties will not have the right to indemnification. Upon the demand of the either party in this case the commission determining execution of cross liabilities can be created. At the same time any of the Parties is not exempted from the obligations under the Agreement arising before force majeure circumstances

25. If any of such circumstances directly influences obligation fulfillment in time, then this term established in the Agreement is prolonged for time of action of the corresponding circumstance.

26. The party for which the impossibility of performance of obligations on force majeure origin was created no later than five working days from the date of their approach in writing informs other Party.

27. Not the notification or the untimely notification deprives the Party of the right to refer to any above-stated circumstance, as on the basis exempting from liability on obligation fulfillment.

The party referring to force majeur circumstances provides the document of competent state body of the Republic of Kazakhstan for their confirmation.

28. In case of continuation of force majeure more than 3 months the Agreement, can be terminated by the either party with the prior written notice sent to the address of other Party.

Chapter 8. Effective period, procedure for change and agreement cancelation

29. The agreement becomes effective with "___" ________ 20 __ years and can be terminated according to the written notice of the Lessee sent to the Lessor in 30 calendar days prior to the expected term of agreement cancelation, except for the case established in item 14 of the Agreement. At the same time all financial liabilities of the Parties shall be fulfilled in full before date of agreement cancelation.

30. The agreement is considered automatically prolonged the next calendar year in case of lack of objections at contracting parties. The party objecting to prolongation of the Agreement shall notify on it other party in writing in one month prior to the date which is coming termination. In this case the parties carry out settlement for the executed service amount.

31. The lessor has the right to terminate the Agreement by a court decision in compliance the legislation of the Republic of Kazakhstan and in the case provided in Item 14 of the Agreement.

32. Agreement cancelation is drawn up by signing by both Agreement parties about termination.

33. In case of agreement cancelation the Lessee shall in week time after termination dismantle cable and hand over the leasable route of the cable sewerage, otherwise dismantle is made by forces of the Lessor with the subsequent collection of payment for the performed works from the Lessee.

34. All changes and additions made by agreement of the Parties to the Agreement shall not contradict Agreement provisions, are drawn up in the form of the supplementary agreement, signed by authorized representatives of the Parties and fastened with seals of the Parties in case of their availability.

Chapter 9. Dispute resolution

35. The parties make all efforts for settlement of all disputes by negotiations.

36. In case of default of agreement, all disputes and disagreements over the Agreement are permitted in courts in the location of the defendant.

The parties have the right to terminate the Agreement according to the procedure established by the legislation of the Republic of Kazakhstan.

37. The relations of the parties following from the Agreement and which are not settled by it are regulated by the current legislation of the Republic of Kazakhstan.

38. All notifications and (or) messages directed by the Parties each other under the Agreement are valid and are considered delivered if they are constituted in writing, signed authorized representatives of the Parties and are sent by the registered mail or mail and messenger service or handed to the addresses of the Parties specified in the contract with mark on their obtaining.

39. The direction of notifications and (or) messages by means of electronic means of communication with the subsequent direction according to the procedure, specified in Item 38 of the Agreement is allowed if the message and (or) the notification have urgent character (communication action idle times, scheduled maintenance, carrying out recovery work in case of emergencies, etc.).

40. Date of their departure on electronic means of communication, in case of the subsequent receipt of originals of the documents signed by the authorized person of the relevant Party or date of personal delivery of the message and (or) notification to the Party - to the addressee will be considered as the date of receipt of the message and (or) notification. The message and (or) the notification will be considered delivered on obtaining if it is not specified in the message and (or) the notification.

41. The parties without delay notify each other on the change of the name, legal address, the actual location and other details necessary for execution of terms of the contract.

42. The agreement is constituted in duplicate in the state and Russian languages in one copy for each Party.

Chapter 10. Details of the parties

Lessor: _________________________________ _________________________________ _________________________________

Lessee: _________________________________ _________________________________ _________________________________

 

Appendix

to the Standard agreement on provision in property employment (lease) or use of the cable sewerage

Calculation of cost of the rent

1. List and extent of leasable channels:

payment order	Direction of the leasable site	Extent of the leasable site of the sewerage		Cable type	Extent of cable, km
		km	¬á¡á½«/km

Note:

- for the Lessees who signed the Agreement, the monthly payment is determined as the amount of works of extent of each type of actually laid cable in the cable sewerage (in km) and the approved rate (for 1 channel/km).

2. Total length of the channels provided in lease, ________ km.

3. The rent amount in month - ________ x ________ = _________ tenge.

from the Lessor ___________________________ ________________ "___" __________ 20 __ years

from the Lessee _______________________ _____________ "___" __________ 20 __ years

 

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