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Agreement between the Government of the Russian Federation and Government of the Republic of Tajikistan on cooperation on operation of Sangtudinsky GES-1

of July 30, 2009

The government of the Russian Federation and the Government of the Republic of Tajikistan which are hereinafter referred to as with the Parties

proceeding from interest in joint operation of the Sangtudinsky GES-1, which is the joint investment project within strategic cooperation between the Russian Federation and the Republic of Tajikistan in the field of rational use of hydro-electric resources of the Republic of Tajikistan, (further "project"), the performed Sangtudinsky GES-1 open joint stock company (further "Society"),

considering the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on procedure and conditions of equity of the Russian Federation in construction of Sangtudinsky GES-1 of October 16, 2004 and the Protocol on carrying out share issue of Sangtudinsky GES-1 open joint stock company and on introduction of amendments to the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on procedure and conditions of equity of the Russian Federation in construction of Sangtudinsky GES-1 of October 16, 2004 signed in Moscow on April 29, 2008

agreed as follows:

Article 1

The share of the Russian Side in the authorized capital of Society taking into account the investments performed in construction of Sangtudinsky GES-1, constitutes 75 percent minus one share.

The share of the Tajik Side in the authorized capital of Society, taking into account the indexed cost of construction in progress of Sangtudinsky GES-1 and preferences on the used construction materials constitutes 25 percent plus one share.

Article 2

The Tajik Side guarantees:

since August 1, 2009 purchase for the domestic market on tires of the station of the electric power developed by Sangtudinsky GES-1 on rate 0, of the 0169th US dollar for 1 kWh. excluding VAT, within twenty years. Since January 1, 2010, the rate for the domestic market annually increases by 4% at least of the level of rate of last year;

issue of permissions and approvals necessary for Society for implementation of export of the made products in the amounts declared by Society and implementation of the corresponding network construction in the territory of the Republic of Tajikistan.

Society independently establishes electricity tariffs, exported.

Article 3

In case of introduction of amendments to the legislation of the Republic of Tajikistan as a result of which the payback period of the investments performed in construction of Sangtudinsky GES-1 exceeds 20 years the Tajik Side performs purchase of the electric power made by Sangtudinsky GES-1, on the increased rate approved between Society and the Tajik Side allowing to pay back such investments within twenty years from the date of input of Sangtudinsky GES-1 in operation.

Article 4

The parties or the organizations authorized by them have the privilege of share acquisition of Society.

Article 5

The parties determine the authorized organizations for implementation of this agreement:

from the Russian Side - INTER RAO UES open joint stock company;

from the Tajik Side - the Ministry of Finance of the Republic of Tajikistan and the Ministry of Energy and Industry of the Republic of Tajikistan.

Article 6

The applicable legislation in case of project implementation is the legislation of the Republic of Tajikistan.

Article 7

The disagreements arising between the Parties, connected with interpretation and (or) implementation of this agreement are solved by consultations and negotiations between the Parties.

Article 8

If between provisions of this agreement and provisions of other international treaties between the Russian Federation and the Republic of Tajikistan on the project concluded to the introduction of this agreement in force there will be contradictions, provisions of this agreement are applied.

Article 9

Modification of this agreement is performed as agreed by the parties and drawn up by separate protocols.

Article 10

This agreement is temporarily applied from signature date, becomes effective from the date of receipt of the last written notice of vsholneniya by the Parties of the corresponding interstate procedures.

It is made in Dushanbe on July 30, 2009 in two authentic copies, everyone in the Russian and Tajik languages, and both texts are equally authoritative.

 

For the Government

Russian Federation

For the Government

Republic of Tajikistan

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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