Additional

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ADDITIONAL ACT No.1 to the AGREEMENT No.902/29.09.2006 This Additional Act (hereinafter referred to as the “Additional Act”) is entered into this 30 day of January 2007 by and between: 1. S.C. ASHROICH ROMANIA S.R.L a company organized and operating under the laws of Romania, with its headquarters located in Bucharest, 70, Dr.iacob Felix Street, 7 th floor, Sector 1, phone 3133468, fax. 3133492, registered with the Trade Registry J40/2145/2003, unique registration number 15207595, legally represented by Mr.Isaac Soffer and Mr. Avraham Morgenstern, Directors (hereinafter referred to as the “General Contractor”) AND 2. S.C. SIELTE S.A. a company organized and operating under the laws of Romania, with its headquarters located in 81, General Petre Popovat Street, Bucharest 5, Romania, phone 2238747, fax 2219937, registered with Bucharest Trade Registry under no. J40/20117/1993, unique registration number 4548359, legally represented by Mr. Antonino INCATASCIATO, Director (hereinafter referred to as the “Subcontractor”) The Subcontractor and The General Contractor, are hereinafter severally referred to as a “Party” and collectively as “Parties”. The parties agrees herewith to modify the AGREEMENT No.902 signed on September 29th, 2006 as following: I. The paragraph 1 of Article 1 will have the following content: § 1. The scope of the present agreement (hereinafter referred to as “Works”) is: design and reallocations works for the telecommunication cables; design and reallocations works for the gas lines; reallocations works of the railways installations.” II. Article 3 “Services Price and Payment Manner” will have the following content: I

Transcript of Additional

Page 1: Additional

ADDITIONAL ACT No.1to the AGREEMENT No.902/29.09.2006

This Additional Act (hereinafter referred to as the “Additional Act”) is entered into this 30 day of January 2007 by and between:

1. S.C. ASHROICH ROMANIA S.R.L a company organized and operating under the laws of Romania, with its headquarters located in Bucharest, 70, Dr.iacob Felix Street, 7th floor, Sector 1, phone 3133468, fax. 3133492, registered with the Trade Registry J40/2145/2003, unique registration number 15207595, legally represented by Mr.Isaac Soffer and Mr. Avraham Morgenstern, Directors

(hereinafter referred to as the “General Contractor”)AND

2. S.C. SIELTE S.A. a company organized and operating under the laws of Romania, with its headquarters located in 81, General Petre Popovat Street, Bucharest 5, Romania, phone 2238747, fax 2219937, registered with Bucharest Trade Registry under no. J40/20117/1993, unique registration number 4548359, legally represented by Mr. Antonino INCATASCIATO, Director

(hereinafter referred to as the “Subcontractor”)

The Subcontractor and The General Contractor, are hereinafter severally referred to as a “Party” and collectively as “Parties”.

The parties agrees herewith to modify the AGREEMENT No.902 signed on September 29th, 2006 as following:

I. The paragraph 1 of Article 1 will have the following content:

“ § 1. The scope of the present agreement (hereinafter referred to as “Works”) is:

design and reallocations works for the telecommunication cables; design and reallocations works for the gas lines; reallocations works of the railways installations.”

II. Article 3 “Services Price and Payment Manner” will have the following content:

§ 1. The estimated contract price (without VAT) (hereinafter referred to as “Contract Price”), as per the tender organized by the Consultant is: Design and reallocations works for the telecommunication cables -

€ 40,752.23 Design and reallocations works for the gas lines - €117,115 Reallocations works of the railways installations - € 120,867

The unitary prices are included in Annex 1.1 for the Design and reallocations works for the telecommunication cables, in Annex 1.2 for the Design and reallocations works for the gas lines and in Annex 1.3 for the Reallocations works of the Railways installations.

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The previous content of paragraph 2 is cancelled, therefore there will be no more Performance Security Bank Guaranty Letter to be issued by the subcontractor.

§ 2. Payment Manner. On a monthly base, the Subcontractor shall submit for the General Contractor’s approval an Interim Payment Certificate (hereinafter referred to as “Subcontractor’s Monthly Certificate”), to be included in the General Contractor’s monthly Interim Payment Certificate, including the works done and approved by the utilities owners. The General Contractor will pay to the Subcontractor the executed and certified quantities in 7 days after the date when the General Contractor will receive from NCMNR the payment of the General Contractor’s Monthly Payment certificate where the work performed by the Subcontractor is included;

§ 3. Retention Money. An amount of 10 percent of each of the Subcontractor’s Monthly Certificate will be transferred by the General Contractor to a special Retention Money Account, open by the Subcontractor under his name with a commercial bank, until the Retention Money reaches the limit of 10% of the Value of the Contract. The release of the retention money shall be done upon the issue of the Taking Over Certificate under NCMNR Contract (e.g. Romtelecom, Distigaz etc), or in 6 months after the date of the Taking-Over Certificate issued for the works performed by SIELTE SA.”

III. Article 5 “Termination” paragraph 3 shall have the following content:

§ 3 “Subcontractor’s Delay or Failure of Services Subcontractor shall be deemed to have breached this Agreement if there is a delay or failure in the performance of his obligations, where the delay or failure has been caused by his fault and is not due to General Contractor’s fault or to the modifications of the Program of Works or to a cause of Force Majeure, according to article 6 of this Agreement. General Contractor, at its option, may terminate the Agreement and retain all rights and remedies to which Subcontractor is entitled, under this Agreement and Romanian Law. The General Contractor may in lieu of giving notice of termination under this clause, take part of the subcontractor’s works out of hand of the Subcontractor and may, by himself or any other subcontractor, execute and complete such part of the subcontract works and remedy any defects therein; in such event the General Contractor may recover his cost of so doing from the Subcontractor, or deduct such cost from payment due to the Subcontractor.”

The rest of the Contractual provisions remain unchanged.

This Additional Act was executed in two original copies, in the English language, one original for each party.

IN WITNESS THEREOF, the parties have affixed their signature to this document as of this.

The 30 of January, 2007

Signed:

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Subcontractor General Contractor

Isaac SofferAdministrator

__________________Avraham Morgenstern Administrator

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