ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of February 20, 2015 No. 108

About approval of the Standard agreement on construction of the generating installations which are again put into operation

According to the subitem 6) article 5 of the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" PRIKAZYVAYU:

1. Approve the enclosed Standard agreement on construction of the generating installations which are again put into operation.

2. To provide to department of power industry of the Department of Energy 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) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

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

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of February 20, 2015, No. 108

The standard agreement on construction of the generating installations which are again put into operation

____________________________                           "__" ____________ 20 _____.
      (place of agreement)                             (date of the conclusion of the agreement)

_____________________________________________________________________

____________________________________________________________________,

(the name of the legal entity, residence, date of creation, the certificate of registration, date and number by whom it is registered or First name, middle initial, last name the physical person, nationality, residence, number and document date proving the identity)

referred to as (-y, - aya) further "Investor" on behalf of __________________

____________________________________________________________________,

          (position, First name, middle initial, last name persons, signing the agreement)

acting on the basis of the ___________________________________________

(the charter, provision, the power of attorney No. ___ from "__" __________ 20 ___)

and ___________________________________________________________________

     (authorized state body of the Republic of Kazakhstan,

      performing management in the field of power industry)

in лице______________________________________________________________,

                                       (position, First name, middle initial, last name)

hereinafter referred to as "Customer", following the results of __________ 20 which is carried out by the Customer "___" ____ No. ____ the tender for construction of the generating installations which are again put into operation (further - the tender), signed this Agreement as follows.

Chapter 1. Subject of the agreement

The investor shall construct at the expense of own means

____________________________________________________________________

(the name of object) (further - the Energy complex) and to put into operation the Energy complex according to the project documentation developed according to required technical, quality and operational characteristics of the generating installations which are again put into operation, Construction Norms and Regulations and to terms of this agreement.

The customer shall render within the powers to the Investor assistance in the problem resolution and the questions which arose during the designing, construction of energy complex.

Chapter 2. Terms

1. Start date of construction of the Energy complex - through _____ days after the signature of this agreement.

2. Date of commissioning of the Energy complex: "___" ______ 20 ___.

3. The term of duration of construction of the Energy complex can be changed by the supplementary agreement of the Parties.

Chapter 3. Agreement amount

4. The construction cost of the Energy complex is determined by results of the tender and constitutes ______________________ tenge (further - the Agreement amount).

5. The amount of the Agreement is fixed and can be changed only by the supplementary agreement approved by both parties which is integral part of this Agreement.

6. The investor performs construction of the Energy complex at the rate of financing at the expense of own means at least thirty percent from the total amount of the Agreement of the Energy complex.

Chapter 4. Rights and Investor's obligations

7. The investor has the right:

1) to make to the Customer offers on all questions of construction of the Energy complex;

2) to sign contracts with contract organizations on performance of works under this agreement.

8. The investor shall:

1) in case of concession of the rights of requirements to the third party under this agreement previously to receive written consent of the Customer;

2) to perform works according to the project documentation, Construction Norms and Regulations in the terms specified in this Agreement;

3) during the whole time of performance of works to observe requirements of the legislation of the Republic of Kazakhstan about architectural, town-planning and construction activities;

4) in writing to inform the Customer within five working days on the conclusion of the works agreement with contract organizations. In information the subject of the agreement of the contract, the name and the address of contract organizations shall be stated;

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