HANI AL HOTY AND PARTNER COMPANY.

Subcontract Agreement ONT INSTALLATION PROJECT 2013

Signature of 1st party

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signature of 2nd Party

Sub-contract Agreement
THIS AGREEMENT is between M/S Hani Al Hoty And Partner Company C.R. No.2060018069 P.O. Box: 2398, AL Khober-31952, Fax: (03) 8974744, Kingdom of Saudi Arabia (Herein after referred to as the FIRST PARTY) duly represented by HANI AL HOTY AS GENERAL MANAGER. AND ......................................... C.R. No. .......................... P.O. Box: ....................... Riyadh ................., Kingdom of Saudi Arabia (Herein after referred to as the SECOND PARTY) duly represented by ......................... General Manager NOW THEREFORE, First Party and Second Party agree as follows:

A. Responsibilities and Duties

First Party 1. 2. 3. 4. Provide job order on daily basis. Coordinate all activities with MOBILY. Supply of necessary information received from MOBILY to complete the work as per the Standards and Specifications of MOBILY. Assign quality control inspector to monitor and control the quality of the work

Second Party 1. Responsible to complete all the jobs received from the First Party with in specified period mentioned (According to Schedule Provided) in the Work Order with his own resources like men, machineries etc. Complete all the Jobs issued by the First Party, as per the MOBILY Standards and Specifications. Second Party will be bound to wear MOBILY & First Party Logo T-Shirts and caps while performing work First party will supply the material to Second Party to be installed on site like Patch cable, drop cable & faceplate and Second Party is not allowed to use any material from outside hence basic installation material like screws, tape, ducts and holding clips can be bought from outside. Detailed Snaps of the site should be collected once the work is done to assure the quality of the work. Second Party to get customer acceptance form singed and submit the original to the First Party (Scan copy to be submitted within the same day. Work schedule to be informed to the first party for ongoing and completed works every two hours on a daily basis via Emails. If Second Party finds No Signal/TB need upgrade / No TB /CPE issues or any issue that will cause non-activation of the ONT; immediate coordination to First Party coordinator is needed to resolve the issue on urgent basis

2. 3. 4.

5. 6. 7. 8.

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9. 10. 11. 12.

13. 14. 15.

Second Party will be Responsible for the rectification of fault occurred in the concerned works like damages in the Electrical cable, walls, tiles or any damage at customer premises. Second Party will be Responsible and rectification for any misbehaving, mishandling or missing of items if customer complains. Second Party is not allowed to make any other installation at customer premises else ONT installation even as per the request of the customer. (Conditional with Point 11) However if Second Party receives confirm and singed order from the customer directly in the name of the Second Party then under this case Second Party is allowed perform the work required with condition of non employee using MOBILY T-Shirt or any logo of MOBILY or First Party Ensuring all safety procedures and work handling procedures Clearance of the site, removing all installation remaining etc. Immediate coordination with First Party for any hazardous situation at customer premises, so issue can be resolved without high escalations. However whole responsibility for rectification will remain on Second Party

B. Scope of Work Definition

1. 2. 3. 4. 5. OLT ODB ONT/ATB UTP Wall Socket Scope of Work Summary for MDU towers

Scope of Work Summary for Villas Segment 1-2 2 2-3 3 Activity Description Connectivity between OLT & ODB Installation & Commissioning and activation of ODB Fiber Connectivity between ODB and ONT through ATB Installation /Activation ONT/ WIFI modem within customer residence Responsibility MOBILY MOBILY Second Party Second Party

C. SLA KPIs & Penalties

KPI Thresholds Second Party undertakes to provide the services in accordance with the required Service Level as per the Key Performance Indicators (KPIs) defined below. The Second Party acknowledges that the achieving the required service levels is an important feature of the services and that the failure by the Second Party to achieve the required service levels may adversely affect the customers and business of MOBILY. General KPI calculation guide for Service Provisioning All KPIs shall be calculated from handover date of service request (SR)/ received by Second Party through any pre-agreed mode of communication. Case 1: Service Activation KPIs: (For ONT installation/ service provisioning) SR to be completed within (24 Hours) 75% SR to be completed within (48 Hours) 85% Signature of 1st party Page 3 of 9 signature of 2nd Party

SR to be completed within (72 Hours) 95% SR to be completed within (96 Hours) 100% SR pending due to customer reasons or network issues beyond the scope of Second Party shall not be accounted on Second Partys performance if justification/proof is submitted within 24 Hours of receiving the work order.

D. Penalty Scheme
1. 2. 3. First Party shall have right to impose a penalty if the Second Party fails to meet the required service levels as specified in the section above. The maximum penalty to be applied every month is limited to 10% of monthly invoice value if the contractor does more than 3 violations as summarized in table below. First Party will investigate any instance of 10% penalties or more. This level of penalty is regarded as indicating serious shortcomings in performance and may result in a warning from First Party to overcome shortcomings. Penalties will be determined by First Party Engineer on a monthly basis and will be derived from information supplied by First Party field staff. First Party Engineers decision on penalties will be final and binding. The table below summarizes the penalties for breach of various service levels and staff code of conduct

4.

Sr. NO 1. 2. 3. 4. 5. 6. 7.

Description of Service Level Breach Bad behavior with customer Services not delivered as per service request Damage to customer property Using Customer phone Process Violation or breach of SLA Conveying wrong information to MOBILY on behalf of customer Shortage of supervisor to team ratio (1:10) Warning 3 days to backfill the shortage Penalty Amount for each day of shortage Shortage of technicians resulting in breach of SLA. Warning 3 days to backfill the shortage Technicians unable to deliver because of shortage of resources from vendor side (tools, cars, material, cables etc) Technicians removed on MOBILY request due to any performance breach if found working on the project Technicians not accepting task as assigned by MOBILY Delaying customer appointment Using non MOBILY phone to contact customer

First Instance 1000 1000 1000 1000 1000 1000 1000

Second Instance 2000 2000 2000 2000 2000 2000 1000

Third Instance 3000 3000 3000 3000 3000 3000 1000

8. 9. 10. 11. 12. 13.

1000 1000 2000 1000 1000 1000

1000 2000 4000 2000 2000 2000

1000 3000 6000 3000 3000 3000

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E. Subcontract Price
First Party will pay 350SR to Second Party against ONT installation acceptance forms submitted; after the deduction of the material cost received by Second Party so Formula will be (No. of Forms submitted x 350 SR) (received material price as per agreed UPL)

1. 2. 3.

At every month end complete calculations for the total ONT installations forms received by First Party x 350 SR At every month end complete calculations will be made as the material received by Second Party x UPL price will give one lump Sum Price Deduction of money against penalties scored by Second Party

F. Payment Terms & conditions

1. 2. Second Party will submit the original acceptance forms at the end of the month and final payment settlement will be made accordingly First Party will pay 100% payment to Second Party as per calculation as mentioned in Segment E, Subcontract Price within 45 days after the submission of the approved invoice

Signature of 1st party

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Annexure A

General Terms and Conditions

1. 2. 3. 4.
The purpose of this subcontract is to complete the job within the stipulated time set by MOBILY, as Number of installations provided with scheduled time to be completed within 2 to 3 hrs of the scheduled time. All risks of loss or damage to physical property and of personal injury and death, which arises during and in consequence of the performance of the contract, are the responsibility of the Second Party. The Second Party shall not sublet, transfer or assign the contract or any part thereof without the written permission of First Party. Second Party will abide by all the rules and regulations in force or coming into force in the Kingdom of Saudi Arabia and shall pay all fees, duties etc in connection with the execution of the Subcontract work. The required Safety Standard should be kept as per MOBILY requirement Standard and all the Working staff should wear the Uniforms with MOBILY and HAAPCO Logo as required by MOBILY. Required sticker will be provided by First Party. If any lapse in this clause may cause penalty from MOBILY this will be totally attributed to the 2nd party. The Subcontract work shall include, but not limited to, provision of all the equipment, manpower and all other things required for completing the jobs referred in the Work Order issued before the commencement of each Job. All correspondence, reports, plans and documents forwarded to the first party shall be in English Language.

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6. 7.

8.

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Annexure B

General Technical Specifications

1. 2. All the technical specifications shall be as per MOBILY Standards and Specifications. First Party will provide all standards and specification with contract and dual signed by these both Parties. Any revision in work due to workmanship fault or against First Party provided specification, suggested by the First Party /MOBILY has to be accepted and followed.First Party will supply the revised plan to second Party. The work should be completed in the specified time mentioned in the Work Order. For delay due to Second party beyond the date / Time specified, the Second Party will be fully responsible for all the consequences including the penalties being imposed by MOBILY. Delay due to third party / Customer will be considered as excuse period. Any penalty coming to the First Party due to utility damages, bad workmanship, delay in execution of the work awarded or any other reason related to subcontracted work shall be borne by the Second Party. In case the work allotted to Second Party is not completed or part thereof is not completed within the set time period or abandoned, the same shall be got completed by the First Party at the risk & cost of second party. Operation Head, HAAPCO has the right to impose 50% penalty per work order if delayed or subject to a maximum of 100% in case Second Party failed to reach the customer and not even re-scheduling or informing the First Party. Contract will be effective from date of signed by both parties and remain effective for one year from effective date. After one year both parties can negotiate if they interested to extend. Responsibility Matrix will be provided by First party as contractual documents. In case delays are expected due to reasons due to third party , the Second Party shall inform immediately to First Party with specific reasons of delay before the expiry of the scheduled time limit, for considering the case for excuse period or alternate solution if any.

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Signature of 1st party

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Annexure C

Material UPL
Name Patch Cords Patch Cords (SC-SC), 3 meter Patch Cords (SC-SC), 5 meter Patch Cords (SC-SC), 7 meter Patch Cords (SC-SC), 10 meter Drop Cables Drop cable (SC-LC), 10 meter Drop cable (SC-LC), 15meter Drop cable (SC-LC), 20 meter Drop cable (SC-LC), 25 meter Drop cable (SC-LC), 30 meter Drop cable (SC-LC), 35 meter Drop cable (SC-LC), 40 meter Drop cable (SC-LC), 45 meter Drop cable (SC-LC), 50 meter Drop cable (SC-LC), 60 meter Drop cable (SC-LC), 70 meter Drop cable (SC-LC), 90 meter Drop cable (SC-LC), 100 meter Drop cable (SC-LC), 120 meter Drop cable (SC-LC), 150 meter Drop cable (SC-LC), 200 meter Other Material ATB or Face Plate LC Adapter 2 port Small Office PVC White Grey Flexible Pipe Pipe Holding Clips PVC Tape Double Tape Unit Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea One Length Roll Packet Ea Ea Unit Price 12 18 20 30 11 17 22 28 33 39 44 50 55 66 77 99 110 132 165 220 15 8 5 20 5 2 12

Signature of 1st party

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signature of 2nd Party

IN WITNESS WHEREOF the parties hereto have this agreement as of the effective date of Subcontract first written above.

----------------------------------------------------------Name:

-----------------------------------------------Name:

----------------------------------------------------------Witness:

-----------------------------------------------Witness:

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signature of 2nd Party