PART A

THE AGREEMENT

INDEX

SECTION 1 FORM OF AGREEMENT

SECTION 2 APPENDIX TO THE AGREEMENT

SECTION 1 - FORM OF AGREEMENT

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THIS AGREEMENT IS MADE BETWEEN:

PETRON MALAYSIA REFINING & MARKETING BHD (Company No 3927-V), a Company incorporated
according to the laws of Malaysia of which the registered office is at Level 12A, Menara I & P 1, No. 46,
Jalan Dungun, Damansara Heights 50490 Kuala Lumpur, Malaysia (hereinafter called the “Company”) of the
one part

AND

< Name of Contractor> ,Company No.>. a Company incorporated according to the laws of Malaysia and of
which the registered office is at < full official address of Contractor> (hereinafter called the “Contractor”) of
the other part.

WHEREAS:

(a) the Company requires certain Onshore Pipeline Extension Package for the Marine Import Facilities 2
Project described in the Contract (hereinafter called the “Works") to be carried out at the Company’s
installation at Port Dickson, Malaysia, and

(b) the Contractor is willing to carry out the Works in accordance with the terms and conditions set forth in
the Contract.

NOW THIS AGREEMENT WITNESSETH and it is hereby declared and agreed as follows:-

(1) In this Agreement words and expressions shall have the same meanings as are assigned to them in the
Contract referred to in paragraph (2) below.

(2) The following documents (hereinafter collectively called the “Contract Documents") constitute the
entire Agreement between the parties hereto and supersede and replace all prior correspondence,
negotiations, agreements or understandings, either written or oral, between the parties:

PART A - Agreement
PART B - Conditions of Contract
PART C - Job Specification
PART D - Construction Requirements
PART E - Commercial Proposal
PART F - Technical Proposal

In the event of any differences, discrepancies or ambiguities arising between the Contract Documents,
the above order of precedence shall prevail.

(3) In consideration of the payments to be made by the Company to the Contractor in accordance with the
Contract, the Contractor hereby covenants to execute and complete the Works in conformity with the
Contract.

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(4) In consideration of the execution and completion of the Works by the Contractor, the Company hereby
covenants to make the payments referred to in (3) to the Contractor at the times and in the manner
prescribed by the Contract.

(5) The terms and conditions of the Contract shall apply from the date specified in the Appendix to this
Agreement, which shall be the Effective Date of the Contract.

(6) The Contractor shall achieve completion of the Works (of specified sections of the Works) by the
Scheduled Completion Date(s) set out in the Appendix to this Agreement.

(7) Any dispute relating to the Contract shall be finally resolved in accordance with the provisions of
Clause 46 of the Conditions of Contract.

IN WITNESS WHEREOF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HAVE SIGNED

THIS AGREEMENT IN TWO ORIGINALS.

SIGNED BY SIGNED BY ______________________

(PRINT NAME)________________________ (PRINT NAME) _____________________

POSITION ________________________ POSITION _______________________

FOR AND ON BEHALF OF THE CONTRACTOR FOR AND ON BEHALF OF THE COMPANY

WITNESSED BY ____________________ WITNESSED BY ____________________

(PRINT NAME) _____________________ (PRINT NAME) ____________________

POSITION _______________________ POSITION __________________________

SECTION 2 – APPENDIX TO THE AGREEMENT

PART A of the Contract (reference paragraphs noted above)

Paragraph (5) The Effective Date of the Contract is 25th April 2019.

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Paragraph (6) Schedule Completion Date(s) for specified sections of the Works and/or Milestones are set
forth in Part D, Section 1, of the Contract

PART B of the Contract (reference clauses in Part B, Conditions of Contract)

Clause 10.1 The initial amount for the performance bond to be provided shall be 10% of the Contract
Price

Clause 17 Contractor will arrange as a minimum the following insurances:

(a) Contractors’ All Risks or Erection All Risk Insurance, whichever is applicable, with
Comprehensive General Liability (not less than USD 1,000,000) and Existing
Properties Cover equivalent to at least 20% of the contract cost.;

(b) General Comprehensive Automobile Liability (not less than USD750,000;

(c) Workmen’s Compensation for Employees;

(d) Transit Liability

Clause 18 The "Date for Commencement at the Work Site" shall be 29th April 2019

Clause 20.7 The “Liquidated Damages for Delay” shall be as detailed in Section 2, Appendix to
Agreement, Attachment 1

The maximum aggregate amount payable as Liquidated Damages shall be 10% of the
Contract Price

Clause 31.1 Variations Works will be processed and paid using the “Field Instruction (FI) / Field
Variation Order (FVO)” procedure or flowchart that will be issued independently of the
Contract.

Clause 32 This is a re-measured Contract.

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 SECTION 2 – APPENDIX TO THE AGREEMENT
ATTACHMENT 1 - Liquidated Damages
Milestone
1. Completion of Pipeline
Erection
2. Effective Completion Date for
the whole of the Works
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Effective Completion
Liquidated Damages (LD) Date (refer to Part D,
Section 1)
0.1 % per day to a cumulative maximum
amount equivalent to 10% of the total 22 December 2019
Contract Price
0.1 % per day to a cumulative maximum
amount equivalent to 10% of the total 18 January 2020
Contract Price