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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) article 8 of the Law of the Republic of Kazakhstan of December 27, 2018 "About natural monopolies", PRIKAZYVAYU:

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.

Minister of digital development, innovations and aerospace industry of the Republic of Kazakhstan

A. Zhumagaliyev

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 kanalo/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;

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