NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL Appendix B — FIDIC — EPC Conditions of Contract Part Il Particular ConditionsNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC — PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL EPC CONDITIONS OF CONTRACT FOR THE NAM LIK 1 HYDROELECTRIC PROJECT PART Il PARTICULAR CONDITIONS pe Pari PAGE 1 of 23 s osNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL PART Il - PARTICULAR CONDITIONS Clauses of Conditions of Contract Part | shall be added to or modified as follows: 1.1.1.4 INSERT the following at the end of Sub-Clause 1.1.1.4: “For avoidance of doubt, the term “Proposal” shall have the same meaning as “Tender, where used in the “Proposal documents”. 4.4.4.6 INSERT the following as a new Sub-Clause 1.1.1.6: “Letter of Intent" or “Letter of Acceptance": means the Employer's letter to the Contractor stating its intention to enter into a Contract for the Works with the Contractor subject to conditions specified in the Letter of Intent or Letter of Acceptance.” 4.4.4.7 INSERT the following as a new Sub-Clause 1.1.1.7: “Concession Agreement” means the agreement to be entered into between the Government of Lao Peoples Democratic Republic (Lao PDR) and Nam Lik 1 Power ‘Company Lid. for execution of the Project in Lao PDR.” 1.1.4.8 INSERT the following as a new Sub-Ciause 1.1.1.8: ™Drawings" means those drawings issued by the Employer as part of the proposal documents in the Employer's Requirements to show the layout of the "Base Scheme”.” 4.1.4.9 INSERT the following as a new Sub-Clause 1.1.1.9: “Base Concept" means the scheme defied in the Employer's Technical Requirements.” 1.4.22 INSERT the following at the end of Sub-Clause 1.1.2.2: “For avoidance of doubt, the term “Buyer” or “Owner” also mean Employer, where used in the Employer's Requirements.” 4.1.2.3 INSERT the following at the end of Sub-Clause 1.1.2.3: “For avoidance of doubt, the term “Seller” or "Vendor" also mean Contractor, where used in the Employer's Requirements.” 4.1.2.4 INSERT the following at the end of Sub-Ciause 1.1.2.4: “For avoidance of doubt, the term “Engineer”, where used in the context of the Employer's Requirements, means the Engineer so designated and acting as the Employer's Representative.” 4.1.2.41 INSERT the following as a new Sub-Clause 1.1.2.11: “Designer” means the qualified designers who, pursuant to Sub-Clause 6.1, shall carry ‘out the design of the Works for the Contractor.” 4.12.12 INSERT the following as a new Sub-Clause 1.1.2.12: Page 20f23 Farin ia NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART II PARTICULAR CONDITIONS: POWER PROJECT CONSTRUCTION (EPC) FINAL 11.3.3 11.3.4 14.3.6 4ABT 143.10 443.14 4ABA2 113.13 4AAT Pan “Power Purchaser” means the Electricite du Laos (EdL) or any other purchaser of electrical energy, capacity or both electrical energy and capacity from the Employer.” INSERT the following at the end of Sub-Clause 1.1.3.3: “The Time for Completion for each Section (if any) or the Works means the date(s) for taking over the Sections or the Works by the Employer specified in Appendix D, D120." INSERT the following at the end of Sub-Clause 1.1.3.4: “Tests on Completion” shall include: the tests specified in the Employer's Requirements Part 4 of the Employer's Technical Requirements, excluding the Guaranteed Performance Tests.” INSERT the following at the end of Sub-Clause 1.1.3.6: “Tests after Completion” shall include the Guaranteed Performance Tests specified in the Part 4, Sections 23 and 24 of the Employer's Technical Requirements.” DELETE Sub-Clause 1.1.3.7 and INSERT the following: “Defects Notification Period” means the period of two (2) years following the issuance of the Taking-over Certificate by the Employer for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects), (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period}, calculated trom the date on which the Works or Section is ‘completed as certified under Sub-Clause 10.1 [Taking Over the Works and Sections)” INSERT the following as new Sub-Clause 1.1.3.10: “Cavitation Warranty Period” shall extend from the issuance of Teking-over Certificate nti the time that both turbines have accumulated 10,000 operating hours each without ‘exceeding the cavitation limits, as specified in Employer's Requirements, Volume 4, Part 4 Seotion 3, Clause 3.6." INSERT the following es @ new Sub-Clause 1.1.3.11: “"Notice to Commence’ or ‘Notice to Proceed” shall mean @ written notice signed by the Employer and issued to the Contractor directing the Contractor to commence and ‘complete all Work under the Contract.” INSERT the following as @ new Sub-Clause 1.19.12: “Commercial Operation Date" means the date on which the Facilty becomes capable ‘and authorized to generate electricity into the EDL Grid System, following the testing and ‘commissioning of the Facility.” INSERT the following as @ new Sub-Ciause 1.1.3.13: “Employer's Operation” means operation by the Employer after Taking Over of the ‘Works by the Employer, where used in the Employer’s Requirements.” INSERT the following at the end of Sub-Clause 1.1.4.7: “The percentage of retention as required by Sub-Clause 14.3 (c) [Application for Interim Payment), shall be ten per cent (10%) and the limit of Retention Money shall be ten per Page 3 of 23 y weCo NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL 11.59 14.62 11.6.5 14.6.9 14.6.10 ‘cent (10%) of the Contract Price." INSERT the following as a new Sub-Clause 1.1.5.9: “Facilities or Facility’ means the Plant to be supplied and installed, as well as all the installation services to be carried out by the Contractor under the Contract.” DELETE Sub-Ciause 1.1.6.2 and INSERT the following: “Country” means Lao People’s Democratic Republic (Lao PDR).” DELETE Sub-Ciause 1.1.6.5 and INSERT the following: “Laws” means all the Country legislation, statutes, ordinances and other laws, and regulations and by-laws of any legally constituted public authority, treaties, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and rules, regulations, orders, interpretations and Permits of any Governmental Instrumentality, court or other body having jurisdiction over construction or operation of the Project, the generation or transmission of electricity or the performance of the Services or other work to be performed hereunder, including the Labour Laws. INSERT the following as a new Sub-Clause 1.1.6.9: “Milestone Payment Criteria’ shall have the meaning as set forth in Appendix D, ‘Attachment D415, {Milestone Payment)” INSERT the following as a new Sub-Clause 1.1.6.10: Power Purchase Agreement’ means the contract between the Employer and Power Purchaser for selling the energy generated from the operation of the Facility." 4.3 Communications INSERT the following after the word "notices" in line 2 of Sub-Ciause 1.3: *, 4.4Law and Language instructions, permissions” INSERT the following paragraph as Sub-Clause 1.3 (c): “(c) Systems of electronic transmission can be: emails and attachments thereto, and compact disk; notwithstanding this, any approvals, certificates, consents, determinations, notices and requests transmitted by e-mail require written confirmation within seven (7) days of e-mail transmission. Compact disk(s) shall be accompanied by @ written letter of transmittal stating the purpose and listing the contents of the disk.” DELETE Sub-Clause 1.4 and INSERT the following: “The Contract shall be governed by the Law of England and Wales. The ruling language shall be English. The language for communications shall be English. Nothing in this clause shall prevent the Contractor from complying with any applicable laws in the Laws of the Country where the Works are being undertaken.” 1.9 Confidentiality DELETE the existing Sub-Clause 1.9 and INSERT with the followings: Farin - Page 4 of 23, neNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT ‘CONSTRUCTION (EPC) FINAL "Both Parties shall treat the details of the Contract as private and confidential, except to the extent necessary to carry out obligations under it, to comply with disclosure obligations of the Employer under the Concession Agreement, Annex I (Integrated Environmental and Social Obligations), or to comply with applicable Laws. The Contractor shall not publish, permit to be published, or disolose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of the Employer. Termination of the Contract shall not_relieve either Party of its obligations with respect to confidentiality. This obligation shall last three years from the issuing of the Performance Certificate.” Arm Page 5 of 23NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC POWER PROJECT FIDIC — PART Il PARTICULAR CONDITIONS, CONSTRUCTION (EPC) FINAL 1.13 Compliance with taws DELETE Sub-Clause 1.13 (b) and INSERT the following: “(b) © @ (O} oO @ ‘The Contractor shell give all notices, pay all taxes, duties and fees and obtain all permits, licenses and approvals other than the items specified in below, as required by the Laws in relation to the design, execution and completion of the Works and remedying of any defects; and the Contractor shall indemnify and hold the Employer harmiess against and from any consequences of any failure to do so. Pursuant to the draft of Concession Agreement between the Employer and Lao PDR Government, the Employer will be responsible for obtaining all relevant and necessary permits, provided thal, it shall be the responsibility of the Contractor to prepare, and provide to the Employer for filing, all appropriate applications in respect of the grant of such Permits. The said exemption is subject to change based on the Concession Agreement. On the request of the Employer, the Contractor shall assist the Employer in the fling procedures and provide to the Employer all relevant information and documents cue from the Contractor and reasonably required by the Employer for the application and issuance of the permits, The Employer will proceed with obtaining the permits after receiving the Contractor's request and required information, It is the responsiblity of the Contractor to submit his request in such time to prevent any delay on the progress of the Woks and the Contractor shall indemnify and hold the Employer harmless against and from any consequences of any failure to do so. The Plant, Materials imported to the Country for executing of the Project will be exempted from Taxes, including import, use and value added taxes and all other duties and taxes payable in accordance with the Country Laws except for fling fees as imposed by applicable laws of Lao PDR. For Contractor's Equipment which are only required temporarily and not for permanent use for the Project, the Contractor shall submit to the Employer during the Contract period at least querterly, a schedule of equipment and materials to be imported during the next quarter. ‘Such schedule shall also include details of the approximate period such equipment and materials are expected to be required in the Lao PDR. Notwithstanding the foregoing, the Contractor may amend the schedule of equipment and materials required and the approximate periods they are expected to be required in the Lao PDR from time to 1@ by notice to the Employer. Any such equipment and materials may be imported and re-exported free from Taxes including import and export duties and other levies. I any equipment and materials imported pursuant to items (f) and (9) above are at any time sold in Lao PDR by the Contractor otherwise Page 6 of 23, ~NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART ll PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL 2.1 Right of Access to the site 42 Performance Security than from the Contractor to Sub-contractor or to the Employer for use in the Project or shall not have been re-exported within a reasonable time after ceasing to be needed in the Project, then the Contractor shall pay Taxes including, without limitation, import duties, value added tax and other levies not paid upon entry, on the book value or residual value, whichever is applicable. (For purposes of exemption for Import and Re-export Facilities under this Sub-Clause, “Taxes” means all forms of taxation of any kind or character by Lao PDR or any agencies or instrumentalities thereot, whether national, provincial or local, and includes any custom duties: for import and re-export facilities or any other import or re-export duties and fees pursuant to the Sub-Clause 1.13 herein and all royalties, withholdings, duties, levies, imposts or contributions, whether by reference to profits, income or turnover or the acquisition, sale, use, holding or disposal of property, rights or other assets, whether tangible or intangible, or the acquisition, sale or performance of services of any kind, or the incurrence or performance of any obligations or the entry into or performance of any contract or agreement, and includes all of the same whether imposed directly on the Contractor or on any Sub-contractor and also includes any interest, fine, penalty or surcharge in connection with any such Taxes, and "Tax’ means any of such Taxes. For the avoidance of doubt, fees for visas, road, bridge, documentation and other administration fees as the case may be shall be applied to the Contractor and its ‘Sub-contractor. () Employees of the Contractor and employees of Sub-contractors shall pay Taxes upon their income earned in Lao PDR in accordance with the Laws of the Lao PDR, provided that in relation to expatriates the agoregale rate of any Taxes of the Lao PDR applied to such income shall not exceed ten percent (10 %).” DELETE the first sentence of Paragraph 1 of Sub-Clause 2.1 and INSERT the folowing: “The Employer shall give the Contractor right of access to, and possession of, all parts of the Site on the date of Notice to Commence. DELETE Paragraph 2 of Sub-Clause 2.1. DELETE the first two paragraphs of Sub-Clause 4.2 and INSERT the following: "The Contractor shall obtain (at his cost) @ Performance Security for proper performance of the Work in the amount of ten per cent (10%) of the "Contract Price’. The Contractor shall deliver the Performance Security to the Employer within 15 days after Notice to Commence. The Performance Security shall be a bank guarantee from a reputable bank acceptable to the Employer and shall be in Par Pave 7 of23NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS. POWER PROJECT CONSTRUCTION (EPC) FINAL the form in accordance with the Annex C annexed to the Appendix D, Attachment D121." INSERT the following paragraph at the end of Sub-Clause 4.2: “In case of increase or decrease of the Contract Price resulting from changes of the quantities of the Works under Sub-Clause 13 [Variations and Adjustments}, the amounts of the Performance Security shall be proportionally increased by the Contractor and/or decreased by the Employer.” 4.4 Subcontractors FL ETE paragraph 2 of Sub-Clause 4.4 and INSERT the following: “The Contractor shall not subcontract any part of the Works without obtaining the prior consent of the Employer except for the case where the Contractor subcontracts to the subcontractors identfied by an asterisk in the Attachment D113 of the Appendix D, including subcontracts for supply of Plant or Materials, for which the Subcontractor, is named in the Contract. The Contractor shall be responsible for the acts or defaults of any ‘Subcontractor, his agents or employees, as if they were the acts or defaults of the Contractor. The Contractor shall give the Employer not less than 28 days’ notice of: (2) the intended appointment of a Subcontractor, with detailed particulars which shall include his relevant experience, (b) the intended commencement of each Subcontractor's work, and (C) the intended commencement of each Subcontractor’s work on the Site’ 4.1 Sufficiency of INSERT the following as a new Sub-Clause 4.11.1: ¢ the Contract Price “The Contractor represents and warrants to the Employer that prior to award of the Contract the Contractor examined the Site, carefully reviewed all Site conditions, acquainted itself with all conditions affecting the Works, satisfied itself of conformity of the Site to the existing conditions represented in the Contract, and setisfied itself as to its ability to meet all the difficulties attending the execution of the Contract” Ame INSERT the following as a new Sub-Clause 4.11.2: “In the engineering and design of the Work and in the performance of the Work the Contractor and its Designers shall exercise the standard of care exercised by licensed or registered professional engineering personnel having specialized knowledge and experience in the design of hydroelectric projects having a capacity equal to or greater than the Works.” 4A INSERT the following as a new Sub-Clause 4.11.3: “it acknowledges and agrees that this Contract constitutes @ fixed price Parva Page B25.NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC — PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL Atta 4s 4.18 Protection of the Environment 5.1 General Design Obligations obligation of the Contractor to engineer, design, procure, construct, test and provide the Works on a turnkey basis, complete in every detail, within the time designated herein, and to do and furnish everything necessary in connection therewith. References to the obligations of the Contractor under this Contract as being “tumkey” and performing the Works on a "turnkey basis” means that the Contractor is obligated to supply all of the Plant, Materials, supplies, tools, and other items, and to supply and perform all of the Works, in each case as may be required, necessary, or appropriate (whether or not specifically set forth in this Contract) to complete the Works such that the Works satisfies the applicable terms and conditions set forth in this Contract and achieves the Performance Guarantees, all for the Contract Price.’ INSERT the following as a new Sub-Clause 4.11.4: “The Contractor has carefully reviewed the whole of the Contract, including all of the Employer's Requirements, and acknowledges and agrees that there is nothing contained therein which inhibit or prevent the Contractor from completing the Works in @ good, workmanlike and safe manner so that it achieves and satisfies the requirements of the Contract, including the Employer's Requirements and the Performance Guarantees. INSERT the following as a new Sub-Clause 4.11.5: “The Contractor is financially solvent, able to pay its debts as they mature, and possessed of sufficient working capital to complete its obligations under this Contract.” INSERT the following paragraph at the end of Sub-Clause 4.18: “The Contractor shall, throughout the execution and completion of the Works ‘and the remedying of any defects therein, comply with all environmental requirements in accordance with the law and regulations of the Lao PDR and Environmental Impact Assessment ("EIA") Study, for the Nam Lik 1 Project." INSERT the following two paragraphs al the end of Sub-Clause 5.1: “The Contractor shall cary out, and be responsible for, the design of the Works. Design shall be prepared by qualified Designers who are engineers or other professionals who comply with the criteria (if any) stated in the Contract, including the Employer's Requirements. The Contractor shall submit to the Employer for consent the name and particulars of each proposed Designer including Designers employed by its Subcontractors who are providing custom designed and manufactured Plant or Materials. The Employer will as soon as practicable after receiving such proposal, respond with approval, disapproval ‘or comments. The Employer will not unreasonably withhold or delay his consent or comments. The Contractor shall not delay any work whilst awaiting @ response. The Contractor warrants that all Designers including Designers employed by its Subcontractors have the experience and capability necessary for the design, The Contractor undertakes that the Designers shall be available to attend discussions with the Employer at all reasonable times, until the expiry date of the relevant Defects Notification Period.” Page 9 of23 ~ oweNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL 6.4LabourLaws —_INSERT the following paragraph at the end of Sub-Clause 6.4: “The Contractor shall fully indemnify, hold harmless and defend the Employer from and against any and all losses arising out of, resulting from or related to failure by Contractor or any Subcontractor to comply with any Labour Laws, or otherwise arising out of the employment relationship between Contractor and its Subcontractors and their respective employees. This provision shall survive termination of this Contract according to the Law.” 6.5 Working Hours DELETE the existing Sub-Clause 6.5 and INSERT the following: “Subject to the applicable law and regulations of the Lao PDR and any provision to the contrary contained in the Contract, the Contractor shall have the option to work continuously by day and by night and on locally recognised days of rest, provided that the Contractor shall advise the Employer of its option on the Working Hours each calendar month together with other details to be provided under Sub-Clause 6.10 [Contractor's Personnel and Equipment.” 7.3 Inspection INSERT the following after the word “safety equipment" in the first sentence of Sub-Clause 7.3, paragraph 2: *, with free of charge, provided that no significant unforeseeable cost will be incurred.” 7.9 Plant to Be New _ INSERT the following paragraph as a new Sub-Clause 7.9: All Plant shall be original, new and unused and of recent manufacture, of specified quality and free of all defects and all malfunctions, including latent defects. Used, re-made or repaired Plant shall not be acceptable. In case, if any parts of the Plant are second-hand, or if the Technical Specifications of the items delivered by the Contractor do not comply with those specified in the Contract, the Contractor shall be bound to replace the same at his own cost and off-load the replacement at the Site in a certain period of time which shall be set by the Employer. In such case all related expenses. i.e. the cost of new Plant, transportation, customs duties, commercial benefit tax, insurance etc. shall be borne by the Contractor. 8.2 Time for a Completion: DELETE the first sentence of Sub-Ciause 8.2 and INSERT the following: “The Contractor shall complete the whole of the Works, and each Section (it any), on or before the date for the Time for Completion for the Works or Section (as the case may be), including Pum Page 10 of 23 ~ weNAM LIK 4 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC. FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT 8.7 Delay Damages 8.13 Revenue Sharing 10.4 Taking Over of the Works and Sections Parvin CONSTRUCTION (EPC) FINAL DELETE the first paragraph of Sub-Clause 8.7 and INSERT the following paragraphs: “If the Contractor fails to comply with Sub-Clause 8.2 [Time for Completion], the Contractor shall subject to Sub-Clause 2.5 [Employer's Claims] pay delay damages to the Employer for this default. The agreed rates of the delay damages, which shall be paid for every day which shall elapse between the relevant Time for Completion and the date stated in the Taking-Over Certificate, for Q3 2016 (1 July 2016 - 30 September 2016), Q4 2016 (1 October 2016 - 31 December 2016), Q1 2017 (1 January 2017 - 31 March 2017), Q2 2017 (1 April 2017 - 30 June 2017), shell be 0.0689%, 0.0449%, 0.0308%, and 0.0443% of the Contract Price respectively. However, the total amount due under this Sub-Clause shall not exceed ten percent (10%) of the Contract Price. The delay damages are agreed to be a reasonable estimate of actual damages, not a penally. Its further agreed that this clause shall not constitute @ waiver of any right of the Employer on any damages or other remedies of the Employer under this Contract or otherwise for the Contractor's improper performance or default in performance of any other aspect of this Contract." INSERT the following as a new Sub-Clause 8.13: Revenue Sharing for Early Completion ff the Taking Over Date occurs before the Taking Over Milestone Date specified in the Contract, the Contractor is entitled to the benefit of and will receive a Contractor's revenue sharing in accordance with and subject to Appendix D, Attachment D 205 - Revenue Sharing. However, any such Contractor's revenue sharing will only be for a maximum period of six (6) months prior to the Taking Over Milestone Date and ends on the Taking Over Milestone Date, In no event shall the early completion revenue period be more than one hundred eighty (180) calendar days. DELETE the existing first paragraph of Sub-Clause 10.1 and INSERT the following: “Except as stated in Sub-Ciause 9.4 [Failure to Pass Tests on Completion}, the Works shall be taken over by the Employer when (i) the Works have been completed in accordance with the Contract for their intended purpose for the sale of electricity to the EdL under the Power Purchase Agreement, including the matters described in Sub-Clause 8.2 [Time for Completion] and except 2s allowed in sub-paragraph (a) below, (ii) the Contractor has fulfilled the Contracted Operating Characteristics as specified under the Power Purchase Agreement, or to the extent acceptable to EdL as may subsequently be negotiated between EdL and the Employer and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause.” Page 11 of 23S weNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS: POWER PROJECT CONSTRUCTION (EPC) FINAL 11.3 Extension of Defects Notification Period 11.9 Performance Certificate 42.1 Procedure for Tests after Completion 12.2 Delayed Tests DELETE the last sentence of the first paragraph of Sub-Clause 11.3 and INSERT the following: “However, a Defects Notification Period shall not be extended by more than three years from the Taking Over Date except for cavitation guarantee in accordance with, “Employer's Requirements". The Contractor's liabilities in connection with the cavitation guarantee shall be extended until the end of Cavitation Warrantee Period.” DELETE item (b) of paragraph 2 of Sub-Clause 11.9, INSERT the following paragraph at the end of Sub-Clause 11.9: “The Performance Certificate shall not be issued to the Contractor before the Works have been successfully tested at full working loads as considered in the Design, and passed all required inspection upon completion of the Defects Notification Period, including inspections per the Cavitation Guarantee end any necessary repairs and modifications to the Turbines by the Contractor to fulfill its obligations under the Cavitation Guarantee. The Cavitation Guarantee. shall be in accordance with “Employer's Requirements” INSERT the following paragraph at the end of Sub-Clause 12.1: “if the Test after Completion is not practicable or some guarantee criteria can not be measured during the Defects Notification Period, the Employer has right to carry out the tests during the Extension of Defects Notification period in accordance with Sub-Clause 11.3." DELETE the first paragraph of Sub-Clause 12.2 and INSERT the following: If after the time and place agreed between both Parties for carrying out the tests in accordance with Sub-clause 12.1 [Procedure for Tests after Completion] the Contractor incurs Cost as a result of any unreasonable delay by the Employer to the Tests after Completion, the Contractor shall (i) give notice to the Employer and (i) be entitled subject to Sub-Clause 20.1 {Contractor's Claims] to payment of any such Cost, which shall be added in the Contract Price. Porven. 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APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL 12.4 Failure to Pass Tests after Completion 13.3 Variation Procedure INSERT the following paragraph at the end of Sub-Clause 12.4: “Should the Tests after Completion, in particular the Energy Guarantee (as specified in Appendix D, Attachment D103, Part D-Performance Requirements-Energy Guarantee and the Employer’s Requirements, ‘Appendix E, Part 4, Section 24 -Performance Requirements) show that the Work does ‘not meet the criteria and achieve the average annual energy production of 265 GWhiyear (‘Energy Guarantee") as specified therein, the Contractor shall perform energy remedial work, and if the eventual remedy work has not been effective to meet such criteria and if also the Employer accepts that no other remedy work is feasible, the Contractor shall subject to ‘Sub-Clause 2.5 [Employer's Claims] pay liquidated damages to the Employer for this default ‘The Contractor covenants with and represents warrants and guarantees to the Employer that (i) the Faciity will be designed and constructed to achieve the Energy Guarantee; and (ji) the Facility will achieve the Eneray Guarantee. The agreed rates of the liquidated damages, which shall be paid in accordance with the calculation methods, specified in Appendix D, Attachment D103, Part D - Performance Requirements - Energy Guarantee, shall be $537 USD per MWh for the difference between the Stage Two Energy and the Energy Guarantee (the “Liquidated Damages Rate’). The Parties agree that such Liquidated Damages Rate is contingent on the Stage Two Index Test being carried out within 18 months period following the Taking-Over Date. If the Stage Two Test are not carried out within the 18 months period, the Parties agree that the Liquidate Damages Rate shall be $605 USD per MWh, However, the total aggregate amount for the liquidated damages due under this Sub-Clause shall not exceed fifteen percent (15%) of the Contract Price, The liquidated damages are agreed to be a reasonable estimate of actual damages, not a penalty. Itis further agreed that this clause shall not constitute a waiver of any right of the Employer on any damages or other remedies of the Employer under this Contract or otherwise for the Contractor's improper performance or default in performance of any other aspect of this Contract.” INSERT the following paragraph at the end of Sub-Clause 13. “Unless the Employer and the Contractor otherwise expressly agree in writing, if the Contract specifies @ unit price or separate price for the type of work involved in a Variation, then the Variation will be valued based on the unit prices and separate prices, as applicable, and the contract time shell be extended for such time as the Employer may decide after consulting with the Contractor and after taking into account information provided by the Contractor with regard to the impact on the critical path indicated in the latest approved time program under Sub-Clause 8.3 [Programme.” Page 130123 © adNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 4 HYDROELECTRIC FIDIC — PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL 13.8. Adjustments for Changes in Costs 14.4 The Contract Price 14.2 Advance Payment DELETE the existing Sub-Clause 13.8 and INSERT the following: The Contract Price shall only be adjusted for any rises or falls in the costs due to Variations made at the request of the Employer pursuant to Sub-Ciause 13.1 [Right to Vary] or Sub-Clause 13.7 [Adjustments for Changes in Legislation] DELETE the existing Sub-Clause 14.1 and INSERT the following: (2) payment for the Works shall be made on the basis of the Lump Sums stated in the Schedule of Prices, subject to adjustments in accordance with the Contract; (b) the Contractor shall pay all taxes, duties and fees required to be paid by him under the Contract, and the Contract Price shall not be adjusted for any of these costs, except as stated in Sub-Clause 13.17 [Adjustments for Changes in Legislation]; and (©) All payments related to the Contract Price, shall be made and received by the Contractor, in accordance with the regulations and Law of the Country. DELETE the first two paragraphs of Sub-Clause 14.2 and INSERT the following three paragraphs: “The Employer shall make an advance payment, 2s an interest-free loan for mobilization and design, for the amount of ten percent (10%) of the Contract Price to the Contractor as specified in Appendix D, Attachment 0115 Milestone Payment Schedule when the Contractor submits @ guarantee in accordance with this Sub-Clause. The Parties agree that the Employer agrees to provide a partial of an advance payment as the EPC mobilization, equivalent to USD 300,000 to the Contractor at the time when the Employer accepts a proposal for EPC Mobilization issued by the Contract, Thus, the balance outstanding of the advance payment to be provided by the Employer in accordance with this Sub-Clause 14.2 shall be ten percent (10%) of the Contract Price less USD 300,000. The Employer shall pay the first installment after receiving (i) a Statement (under Sub-Clause 14.3 [Application for interim Payments}, (i) the Performance Security in accordance with Sub-Clause 4.2 [Performance Security], and (ii) a guarantee in amounts and currencies equal to the advance payment. This advance payment guarantee shall be a "First Demand” Bank Guarantee furnished by @ bank acceptable to the Employer and shall be in the form in accordance with the Annex E annexed to the ‘Appendix D, Attachment D121 ‘The advance payment guarantee will be released by the Employer to the Contractor 28 days after final repayment of the advance payments has been received by the Employer.” DELETE the existing paragraph 4 of Sub-Clause 14.2 and INSERT the following: “The advance payment shall be repaid through proportional deductions in interim payments. Deductions shall be mace at the amortization rate of ten Fare. Page 14 0f23 © “fl aNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC — PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL 14.4 Schedule of Payments 14.4.1 Progress Payments percent (10%), which shall be applied to the amount otherwise due (excluding the advance payment and deductions and repayments of retention), until such time as the advance payment has been repaid.” INSERT the following paragraph as the new Sub-Clause 14.4.1: (a) ‘As progress payments on account of the Contract Price the Employer wil, subject to Sub-Ciause 14.4.2, pay the Contractor the Milestone Payments specified in Appendix D- Attachment D115 - Milestone Payment Schedule, (0) Each application for a Milestone Payment shall () be dated as of the last day of the month in which the Milestone Payment Criteria for that Milestone Payment have been satisfied, and be for the amount specified for that Milestone Payment in Attachment D115-1 Schedule of Milestone Payments; (ii) be supported by sufficient and adequate evidence to demonstrate that all Milestone Payment Criteria for that Milestone Payment have been met, and that all Submittals required by the Contract in relation to the subject matter of the Milestone Event for that Milestone Payment have been submitted; (iii) for applications after the first application for a Milestone Payment, be supported by or identify the evidence, documentation and certificates required by Sub-Ciause 14.4.2(b); and (iv) be submitted in duplicate to the Employer. (©) In no event will the cumulative total at any time of Milestone Payments to the Contractor exceed the amounts specified in the ‘Schedule of Maximum Quarterly Payments in Appendix D, 0115-2 — ‘Schedule of Maximum Quarterly Payments. (4) Ifthe Milestone Payment Criteria for a Milestone Payment allows for payment for machinery or equipment delivered to the Site but which is not yet installed or otherwise permanently incorporated as part of the Facilty, then the Milestone Payment Criteria shall be deemed to inelude provision of evidence acceptable to the Employer, acting reasonably, that the machinery or equipment is stored at Site in a safe and secure location in conformance with the manufacturer's recommendations. (2) Where an application for payment is made in respect of a Variation for which payment is not by the terms of that Variation to be included Page 15 of 23 , veoC NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC POWER PROJECT 14.4.2 Conditions Precedents to Payments 0 FIDIC - PART Il PARTICULAR CONDITIONS. CONSTRUCTION (EPC) FINAL in a Milestone Payment, such applications shall be submitted monthly, dated as of the last day of the month in which the part of the Work covered by that application for payment was performed, and submitted at the same time as any applications for a Milestone Payment are submitted. The Contractor shall submit with each such application for payment ali such quantitative documentation and other information as the Employer may reasonably require to enable the Employer to review, verify and confirm the appropriateness and correctness of the amount claimed in the application for payment, to demonstrate that the amount claimed is the proper amount due under and in accordance with the Contract and the Variation, as applicable, and to verify and confirm that all parts of the Work covered by the application for payment have been completed in accordance with the requitements of the Contract, including the Employer's Requirements, the Design Documents, the QA/QC Plan and all applicable Permits, Licences and Approvals. No payment under the Contract, including payment of Milestone Payments and payments in respect of Variations, and no use or partial use of the Work or Faciity or any part thereof, shall constitute ‘an acceptance of any part of the Work or the Facility.” INSERT the following paragraph as the new Sub-Clause 14.4.2: (a) “The following are conditions precedent under the Contract to the Contractor's entitlement to receive any Milestone Payments after the first Milestone Payment: (i) if Milestone Payment Criteria have not been established for all Milestone Payments prior to execution of the Contract, then the applicable Milestone Payment Criteria for all Milestone Payments shall be established and agreed upon between the Contractor and Employer; (il) for a Milestone Payment to be due or payable, all of the Milestone Payment Criteria specified for that Milestone Payment in Appendix D-D116 and, if applicable, all of the Milestone Payment Criteria agreed to between the Parties pursuant to Sub-Clause 14.4.2(a)(), have been satisfied in full without qualification or exception; (iii) _ the breakdown of the Contract Price as may be required by the Employer to obtain refunds, rebates or exemptions from any or all Taxes shall have been submitted to the Employer in a form and with content that allows the Employer to apply for all available refunds, rebates and exemptions; (WV) the Performance Security shall have been delivered to the Employer in accordance with Sub-Clause 4.2; (v) the Contract Schedule, including the submittal schedule, has been submitted to the Employer and accepted by the Employer (vi) the QA Manual, shall have been submitted by the Contractor Page 160f25NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC POWER PROJECT FIDIC - PART Il PARTICULAR CONDITIONS CONSTRUCTION (EPC) FINAL (b) (c) and accepted by the Employer, but this provision shall not apply to any Milestone Payments that fall due within sixty (60) days after the date of the Contract. After the first application for payment the Contractor shall submit with each and every subsequent application for payment all of the ‘allowing, and no payment shall be due to the Contractor or made in respect of such application for payment unless and until all of the ‘following have been submitted to the Employer: @ di) «iy (iv) W) (wi) a sworn statutory declaration in accordance with Appendix D, Attachment D204, in the form specified in the Contract, effective to the date of application for payment; evidence that an updated Contract Schedule has been submitted and accepted by the Employer in accordance with the Employer's Requirements within sixty (60) days immediately prior to the date of the application for payment, and that an updated four-week look-ahead schedule has been submitted and accepted by the Employer in accordance with the Employer's Requirements within seven (7) days immediately prior to the date of the application for payment; evidence that all shipping releases for all equipment and materials included in the part of the Works covered by the application for payment have been submitted in accordance with the Contract; for all applications for payment submitted after the first sixty (60) days after execution of the Contract, evidence that all progress monthly reports, safety monthly reports, QA monthly reports and QC monthly reports covering the period up to and including the immediately preceding month have been submitted; evidence that the environmental weekly or monthly reports covering the period up to and including the date that is seven (7) calendar days prior to the application for payment have been submitted to the Employer and the authorities having jurisdiction, make applicable; and a certificate from the Contractor, confirming that all parts of the Work covered by the application for payment have been performed in accordance with and conform to the Tequirements of the Contract, including the Employer's Requirements, the QA Program, QA/QC Plan, Contractor's Documents. and the applicable Permits. Licences and Approvals, and that a QC compliance certificate has been submitted for that part of the Work. No payment shall be due to the Contractor until after the application for payment has been reviewed, adjusted if necessary, and approved by the Employer in accordance with Sub-Clauses 14.4.2 and 14.4.3" Page 17 of 23S weNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC POWER PROJECT FIDIC — PART Il PARTICULAR CONDITIONS: CONSTRUCTION (EPC) FINAL 14.4.3 Review and Adjustment of Applications for Payment 14.4.4 Making of INSERT the following paragraph as the new Sub-Clause 14.4.3: (a) (b) (0) “The Employer will review all applications for payment, and the backup documentation submitted by the Contractor in support of the pplication for payment, alin accordance with and subject to, Sub- Clauses 14.4.1, 14.4.2 and this Sub-Clause 14.4.3 to determine whether the part of the Works covered thereby has been completed in conformance with all requirements of the Contract, and that the ‘amount claimed is property claimed and payable in accordance with the Contract. The Contractor shall promptly, and within such time limits as may be required to avoid delay by the Employer in reviewing applications for payment, provide the Employer with all such additional information, documentation and Submittals as the Employer may reasonably require to review and assess the validity of the amount claimed in the application for payment. ‘After consulting with the Contractor as the Employer considers necessary, and within twenty-one (21) days after receiving the application for payment, the Employer will, if it agrees with the application for payment, approve the application for payment. If the Employer does not agree with the application for payment, the Employer may reject or amend the application for payment, provided that if the Employer amends the application for payment it will identify any amounts which are in dispute and the reasons for amending the application for payment, and if it rejects the application for payment it will identify the reasons for rejection, and such reasons shall be given to the Contractor. A copy of the rejected or amended application for payment, as applicable, will be submitted by the Employer to the Contractor within twenty-one (24) days after receiving the application for payment. If the Contractor disagrees with the determination of the Employer, the Contractor shall, within ten (10) days after receipt from the Employer of the rejected or amended application for payment under ‘Sub-Clause 14.4.3(b), submit to the Employer such further documentation as the Employer may require to substantiate the ‘amount claimed which is in dispute. Within ten (10) working days of receipt of that additional information the Employer will advise the Contractor whether any further amendment will be made to the amount approved by the Employer. If the Contractor does not accept such determination by the Employer, the Contractor may issue @ notice of claim and the provisions under Sub-Ciause 20 [Claims, Disputes and Arbitration} shall then apply.” INSERT the following paragraph as the new Sub-Clause 14.4.4: Payment (a) “Within thirty (30) days after the Employer has approved or amended the application for payment in accordance with Sub- Clause 14.4.3, the Employer will pay the Contractor the amount approved by the Employer after and subject to the following: (1) deduction for the repaid of advance payment at the amortization rate of ten percent (10%) pursuant to provision of Sub-Clause 14.2. Parma. Page Taf 2a,NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL (2) deduction of 10% retention to payments pursuant to provisions of Sub-Clause 14.3. (b) Upon receipt of payment from the Employer, the Contractor shall promptly pay each of its Subcontractors and Vendors the amount to which they are entitled under their agreements with the Contractor with respect to the part of the Work covered by such payment by the Employer. The Contractor shall, in its agreements with its ‘Subcontractors and Vendors, contractually require those Subcontractors and Vendors to promplly pay their respective ‘Subcontractors and Vendors in a similar manner.” 149 Payment of INSERT the following paragraph at the end of Sub-Clause 14.9: “In place of Retention Money _the partial release of Retention Money provided for in the first paragraph, itis agreed, subject to the Works having passed all specified tests including Tests ‘on Completion, and the issuing of the Teking-over Certificate, that the Contractor may apply for the release of the whole amount of the Retention Money, in exchange for it providing the Employer with a warranty security in the amount of five percent (5%) of the Contract Price. The warranty security shall be in the form of a bank guarantee from a reputable bank acceptable to the Employer. The Employer will pay the Contractor the Retention Money within 28 days of receipt of the warranty security. Within 30 days after the expiry date of the Defects Notification Period, the Employer will return the warranty security to the Contractor, save that, if any Work remains to be executed under Sub-Ciause 11 [Defects Liability] or Sub- Clause 12 [Tests after Completion], the Employer shall be entitled to withhold the return of the warranty security until such Work has been completed.” 47. Risk and Responsibility 477 Site INSERT the following paragraph as the new Sub-Clause 17.7: Information & Subsurface “() Any and all information provided by or through the Employer prior to Conditions execution of the Contract, including the Hydrological and Geological Studies included in the Employer's Requirements and any and all other geotechnical and subsurface reports, data, _ interpretations, recommendations and information regarding the Project Site or subsurface Conditions at the Site included in the Employers Requirements or otherwise (collectively all of the foregoing referred to in this Sub-Clause 17.7 as the ‘Site Information” or “Subsurface Information’) provided by or through the Employer, was prepared only for the purpose of study to consider the general feasibility of the Project and not for the purpose of design or construction. The Contractor is cautioned that subsurface conditions may differ materially from those indicated in the Subsurface Information and that the Contractor shall take all necessary measures to adequately assess the subsurface conditions in view of minimizing potential risks. (ii) The Contractor is entitled to and may rely on the strictly objective information contained in the borehole logs, the geotechnical logs of test Par . Page 19 0f23NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART Il PARTICULAR CONDITIONS, POWER PROJECT CONSTRUCTION (EPC) FINAL, pits, the laboratory test results of samples obtained from field investigations, and the surveyed locations of boreholes and test pits in the referenced Studies, but not on any observations, interpretations, opinions or assumptions contained in the referenced Studies. Where logs of boreholes and test pits, and test results of laboratory samples, are included in the geotechnical data reports, the Contractor acknowledges and accepts that they reflect only observations at the Perticuler locations, dates and times for the boreholes and test pits to which they relate, and may not be representative of subsurface conditions in the immediately adjacent areas or between any two or more boreholes, any two or more test pits, or between boreholes and test pits. (wv) The Employer does not warrant and, subject to this Sub-Clause 17.7(i), will not be responsible for the accuracy, sufficiency, adequacy, ‘completeness or content of the Site or Subsurface Information shown in the Contract, all of which have been provided to the Contractor for ‘general information only and on the condition that they shall not be relied Upon by the Contractor except to the extent that the Contractor has either fully satisfied ilseif as its sufficiency and acouracy or has fully accepted all risks associated therewith. (v) The Contractor acknowledges that it accepts as Contractor's risk, the risks, costs and possible delays associated with the subsurface conditions that may be encountered in the execution of the Works, including but not limited to: 2) Faults, seams and joints; b)_ Water inflows; ©) High water table; d) Weathered or altered rock; €) Unstable rock conditions; f) Any unexpected or undesirable rock conditions.” Page 20 of 23 Firwn- aNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC ~ PART Il PARTICULAR CONDITIONS. POWER PROJECT CONSTRUCTION (EPC) FINAL eaceneial DELETE the first sentence of second h of Sub-Clause 18.1 and Requirements for Mestoidna . Tomuneee INSERT the following: "Wherever the Contractor is the insuring Party, the Contractor shall name the Employer and the Lender(s) as the co-insured and loss payee. Each insurance shell be effected with insurers and in terms approved by the Employer.” DELETE the existing third paragraph of Sub-Clause 18.1 and INSERT the following “Wherever the Employer is the insuring Party, the Employer shall name the Lender(s) 2s the oo-insured and loss payee. Each insurance shall be effected with insurers and in terms agreed by both Parties before they signed the Contract Agreement.” DELETE the first sentence of paragraph 6 of Sub-Clause 18.1 and INSERT the following: “The relevant insuring Parly shall, within one ‘Commencement Date), submit to the other Part jonth (calculated from the 18.2 Insurance for DELETE the fourth and the final paragraphs of Sub-Clause 18.2 and INSERT Works and the following: Contractor's Equipment “All insurances under this Sub-Clause: (a) shall be effected and maintained by the Employer as insuring Party, (b) shall be furnished by an insurance company registered or licensed to do business in the Lao PDR., (c) shall be in the joint names of the Parties, who shall be jointly entitled to receive payments from the insurers, payments being held or allocated between the Parties for the sole purpose of rectifying the loss or damage, (4) shall cove all loss and damage from any cause not listed in Sub- Clause 17.3 [Employer's Risks}, {e) shall also cover loss or damage from the risks listed in sub-paragraph (c) of Sub-Clause 17.3 [Employer's Risks}, with deductibles per ‘occurrence of not more than the amount stated in the Appendix D, ‘Attachment D102, and (f) however exclude loss of, damage to, and reinstatement of: () a part of the Works which is in a defective condition due to a defect in its design, materials or workmanship (but cover shall include any other parts which are lost or damaged as a direct result of this defective condition and not as described in sub- paragraph (ji) below), (i) part of the works which is lost or damaged in order to Par, Page 21 of23 5NAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC - PART I PARTICULAR CONDITIONS. POWER PROJECT CONSTRUCTION (EPC) FINAL 18.3 Insurance against Injury to Persons and Damage to Property 18.4 Insurance for Contractor's Personnel 20.3 Failure to reinstate any other part of the Works if this other pert is in a defective condition due to 2 defect in its design, materials or workmanship, Gi) a part of the works which has been taken over by the Employer, except to the extent that the Contractor is liable for the loss or damage, and (Ww) Goods while they are not in the Country, subject to Sub- Clause 14.5 [Plant and Materials intended for the Works}.” DELETE the second paragraph of Sub-Clause 18.3 and INSERT the following: “This insurance shell be for a limit per occurrence of not less than the amount equivalent to 20% of the Contract Price, with no limit on the number of ‘occurrences, DELETE the third paragraph of Sub-Clause 18.9 and INSERT the following: “All insurances under this Sub-Clause: {a)_shall be effected and maintained by the Employer as insuring Party, {b)_ shail be furnished by an insurance company registered or licensed to do business in the Lao PDR, (c)_ shall be in the joint names of the Parties, {d)_ shall be extended to cover liabilty for all oss and damage to the Employer's property (except things insured under Sub-Clause 18.2) arising out of the Contractor's performance of the Contract, and {e)_ may however exclude liability to the extent that it arises from: (the Employer's right to have the Permanent Works executed ‘on, over, under, in or through any land, and to occupy this land for the Permanent Works, (i) damage which is an unavoidable result of the contractor's obligations to execute the Works and remedy any defects, and (ii) a cause listed in Sub-Clause 17.3 [Employer's Risks], except to the extent that cover is available at commercially reasonable terms. DELETE the first paragraph of Sub-Clause 18.4 and INSERT the following: “The Contractor shall effect and maintain insurance against worker's compensation, automobile liability and liability for claims, damages, losses and ‘expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractor's Personne! as per detalls set forth in the Appendix D, Attachment D102" DELETE the words “then the appointing entity or official named in the Page 220123 y ge teNAM LIK 1 POWER COMPANY LTD. APPENDIX B NAM LIK 1 HYDROELECTRIC FIDIC — PART Il PARTICULAR CONDITIONS POWER PROJECT CONSTRUCTION (EPC) FINAL Agree Dispute Particular Conditions shall" in line 1 of second paragraph of Sub-Clause 20.3 Adjudication Board and INSERT the words “then the appointing entity or official shall be the President of Singapore International Arbitration Center.” DELETE sub-paragraph (a) of Sub-Clause 20.6 and INSERT the followings: 20.6 Arbitration “(a) The dispute shall be finally settled under the United Nations ‘Commission on International Trade Law (UNCITRAL) Rules by the Singapore International Arbitration Center (SIAC).” Pore. Page 23 023 oe