Sample of Letter Agreement to mine coal …

19 Sep

sample letter of agreement to mine coal in Indonesia
PERJANJIA N COOPERATION Operational
COAL MINING SECTOR
BETWEEN
PT. xxxxxxxxxxxxxxxxxxxxxxxxxx
WITH
PT. xxxxxxxxx

On this day … … … … .. dated … … .. September, Two thousand ten years in Jakarta, has signed an Operational Agreement (OCA) Coal Mining area between:

I. Name:
Position: Director of Operations
Act on behalf and on behalf of the company
PT. … … … … … … … … ..
Address: Head Office: 128 Wall Street Singapore
Branch Offices:
Phone: … … … … … … … … … … … … … … … … … … ….
E-mail:
Further in this agreement is called the FIRST PARTY

II. Name:
Position:

PT. Act on behalf and on behalf of the company
xxxxx
Address: Jl … … … … ….
Phone: 62 – Fax xxx 62 – xxx
E-mail:
Further in this agreement referred to as the SECOND PARTY

In the Operational Partnership Agreement (OCA) of this mining area and the SECOND PARTY FIRST PARTY has agreed to bind themselves by treaty, as follows:

Article 1
INTRODUCTION

1. FIRST PARTY is the holder of the Company Documents liberation / necking area PKP2B PT. South Kalimantan INDONESIA ARUTMIN in Du 317 located in the village of Batu Ampar and Simpang Sungai Dua District Tanah Bumbu District Four South Kalimantan, an area of 1205 hectares, according to a notice from the Director of Technical MINERBAPUM July 25, 2008 and 27 July 2010 to Mr. Noor as Chalifas ( Commissioner of PT. SURYA AGUNG PERSADA COMPANY). What is legal now been published MINING PERMIT exploration and production licenses by the Central Directorate of Energy and Mineral Resources.

2. SECOND PARTY is a company who works in Coal Mine, located in xxx

Article 2
OBJECT AGREEMENT

Object Operational Cooperation Agreement (OCA) is:
1. First Party in this regard has been set for approval based on Memorendum Minutes of Understanding (MoU) between As PT. Surya Agung Persada Company with PT. No. xxxx xxx xxx date. with 100 Ha of mining area.

2. Both parties agree that in determining the placement area of 100 hectares is in the application of point coordinates will be set later by the First Party and subject to the internal policy / regulatory provisions applicable to the Company the First Party.

Article 3
SCOPE

The scope of Operational Cooperation Agreement (OCA) include:
1. Technique MINING
Technique Open pit mining using the system with the peel over Bourden (OB) and also pay attention to environmental problems is the existence of Reclamation and environmental improvement efforts according to applicable regulations;

2. PRODUCTION TARGET
Agreed in the Implementation of Mine Coal Production target is for at least 100.000MT up to 200,000 MT / Month.

3. EQUIPMENT AND FACILITIES
Equipment and facilities into the Second Party obligations to the adequacy of the overall achievement of production targets.

Article 4
DURATION

Duration of Operational Cooperation Agreement (OCA) is valid for 1 year with an evaluation of three (3) months.

Article 5
VALUE AND METHODS OF MINING

1. Agreed and approved the Operational Kerjasma (KSO) is the value of the liability that should include fees paid KP and document fees SKAB Rp. 90.000
While the land fee, road fee, fee and other Village payable by the two parties concerned;
2. Both parties are willing to provide funds seriousness of Rp. … … … … As compensation for the sign so in Operational Cooperation (KSO) with a total area of 100 Ha.

3. The payment system according to point 1 (One) bersdasarkan Invoice / Official handover of the total production target at the end of the month to pay each after 3 days in the billing invoices submitted.

Article 6
LIABILITIES – OBLIGATIONS

1. First Party is obliged to prepare / help guide the implementation of this Operational Cooperation.

2. First Party is obliged to help facilitate the continuation of this Operational cooperation of government agencies or relevant private in the region.

3. First Party reserves the right to dismiss / cancel the Operational Co-operation (KSO) were unilaterally if the Second Party does not carry out obligations / violation of the provisions contained in Section and Point of this Agreement

4. Both Parties agree / adhere to what the provisions of Section and Point Operational Cooperation Treaty (KSO) and together with all employees who are in it and is obliged to uphold this spirit of Operational Cooperation and change the slightest deviation from this agreement can be made unanimously by the representatives of each respective Parties.

5. Both sides will discuss again in subsequent negotiations when the Second Party wish to increase the area within the mining concession.

Article 7
FINANCIAL REPORT

Financial Statements in the report by the Second Party for the payment of the value of this operational agreement each end of the calendar are accurately detailed and transparent and administered jointly by both parties.

Article 8
DISPUTES

Where any dispute between the first and second parties will be resolved by way of deliberation, if there is no agreement then the first party and second party resolve this matter melelalui legal and choosing their legal domicile as the choice of law dikepaniteraan Court Banjarmasin

Article 9
Addendum

Everything that has not been set or not clear in this agreement will be created in additional rules (addendum) which is a part can not be separated and have the same legal force to the Operational Partnership Agreement (OCA) this.

Article 10
CLOSING

1. Operational Cooperation Agreement was made in 2 (Two) each bermatrai enough, given stampel company, signed by both parties before the / legalized notary witnessed by the witnesses and have Strength Value of Law.
2. Operational Cooperation Agreement (OCA) is valid and effective tehitung since signed by both parties.

FIRST PARTY
PT. … … … … … … … … … … … … ..

(… … … … … … … … … … … …)
Director of Operations

SECOND PARTY
PT.

(… … … … … … … … … … … ..)
Managing Director

MINE LOCATION SURVEY AGREEMENT
Operational COOPERATION
COAL MINING SECTOR
BETWEEN
PT. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
WITH
PT. xxxxxxxxx

On this day … … … … .. dated … … .. September, Two thousand ten years in Jakarta, has signed an Operational Agreement (OCA) Coal Mining area between:

II. Name:
Position:
Acting on behalf of the company’s representative
PT. … … … … … … … … … … … … … … … ..
Address: Head Office: 128 Wall Street Singapore
Branch Offices:
Phone:
E-mail:
Further in this agreement is called the FIRST PARTY

II. Name:
Position:
Acting on behalf of the company’s representative
PT.
Address: Jl … … … … ….
Phone:
E-mail:
Further in this agreement referred to as the SECOND PARTY

Both sides have agreed to conduct the survey exemption mine site / necking area PKP2B PT. South Kalimantan INDONESIA ARUTMIN in Du 317 located in the village of Batu Ampar and Simpang Sungai Dua District Tanah Bumbu District Four South Kalimantan, an area of 1205 hectares, according to a notice from the Director of Technical MINERBAPUM July 25, 2008 and 27 July 2010 to Mr. Noor as Chalifah ( Commissioner of PT. SURYA AGUNG PERSADA COMPANY). What is legal now been published MINING PERMIT exploration and production licenses by the Central Directorate of Energy and Mineral Resources, as follows:

1. That the FIRST PARTY are willing to conduct the survey showing the location of mines and mine documents on request SECOND PARTY;

2. That the survey plan to smooth the costs incurred in conducting the survey is borne by the SECOND PARTY;

3. That as the seriousness of the survey location in the Operational Co-operation (KSO), the mining of this coal is the SECOND PARTY to give money seriousness of Rp. 50.000.000, – (Fifty Million) To PARTY FIRST before doing the survey;

4. That what if after doing the survey location, location was not there and not in accordance with the document then the FIRST PARTY is obliged to refund the seriousness of the Rp. 50.000.000, – (Fifty Million) to the SECOND PARTY;

5. That later after the survey site was undertaken and no problems SECOND PARTY cancel without any apparent reason or can not be received by FIRST PARTY or no response for 7 (seven) days without any confirmation with the seriousness of the FIRST PARTY then the money is considered lost;

So the deal was made with actual without any coercion from any party, made with in 2 (two) and sealed enough, each party holds one.

Made in: Banjarmasin
T a n g g a l: November 2010

FIRST PARTY
PT. … … … … … … … … … … ….

(… … … … … … … … … … … …)
Director of Operations

SECOND PARTY
PT.

(… … … … … … … … … … … ..)
Managing Director

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