Common use of PROCUREMENT GROUP Clause in Contracts

PROCUREMENT GROUP. 4.1 A Procurement Group shall be formed, consisting of representatives from each of the Initial Parties. The Procurement Group shall act on behalf of the Parties to this Agreement for the purpose of arranging for the construction, implementation and installation of the Wet Segment of the Network and in conjunction with the Management Committee as set forth in this Paragraph 4, be responsible for all actions as may be required to contract with the supplier(s) to provide the Wet Segment of the Network. 4.2 The Co-Chairmen of the Procurement Group are identified in Schedule F. The Co-Chairmen of the Procurement Group shall act as its coordinators and spokesmen and shall from time to time, report to the Management Committee in respect of all the activities of the Procurement Group in accordance with the requirements of the Management Committee. 4.3 The Terms of Reference for the Procurement Group are as set forth in Annex I of this Agreement. 4.4 The Procurement Group shall assume the responsibilities and continue the activities of the Interim Procurement Group established under the MOU in respect of the Interim Procurement Group’s work related to the Network and shall undertake the ongoing tasks of coordinating and managing the overall project during the engineering, provision and construction of the Network. 4.5 In the event that any Subsegment of the Network fails to meet the specifications referred to in the Supply Contract for its provision, fails to provide the specified capacity, or is not engineered, provided, installed and ready in sufficient time to meet the RFPA Date and Network RFPA Date on or before the dates specified in the Supply Contract or, if the supplier(s) are otherwise in material breach of the Supply Contract, the Procurement Group, on behalf of the Parties to this Agreement, shall pursuant to this Paragraph 4 and in accordance with the Supply Contract, take such action as may be necessary to exercise the rights and remedies under the terms and conditions of the Supply Contract. Such actions by the Procurement Group shall be subject to any direction deemed necessary by the Management Committee. 4.6 All decisions and recommendations to the Management Committee made by the Procurement Group in accordance with this Agreement shall be subject, in the first place, to consultation among its members who shall make every effort to reach agreement with respect to matters to be decided. However, in the event agreement cannot be reached, the decision and/or recommendation shall be made on the basis of a vote of simple majority of the total voting interests as specified in Schedule C unless otherwise decided by the Management Committee. A member of the Procurement Group representing more than one Initial Party shall separately cast the votes to which each Initial Party he represents is entitled. 4.7 No decisions of the Procurement Group shall override any provisions of this Agreement or decisions of the Management Committee or in any way diminish the rights or prejudice the interests granted to any Party under this Agreement. 4.8 The Procurement Group, including the Co-Chairmen, shall continue to function until the Final Acceptance Date or until such time as otherwise determined by the Management Committee.

PROCUREMENT GROUP. 4.1 A 5.1 The Procurement Group shall be formed, consisting of representatives from each the Terminal Parties as established under the terms of the Initial PartiesMOU, shall remain in function and shall continue under the direction of the Management Committee. The members of the Procurement Group shall act on behalf of as trustees for the Parties to this Agreement for the purpose of arranging for the construction, implementation and installation of the Wet Segment of the Network and in conjunction with the Management Committee as set forth in this Paragraph 4, be solely responsible for all actions as may be required to contract execute the Supply Contract, on a joint, but not joint and several, basis with the supplier(s) supplier, to provide the Wet Segment F of the NetworkCable System. 4.2 5.2 The Co-Chairmen of the Procurement Group are identified in Schedule F. The Co-Chairmen of the Procurement Group shall act as its coordinators Group’s Mandate and spokesmen and shall from time to time, report to the Management Committee in respect of all the activities of the Procurement Group in accordance with the requirements of the Management Committee. 4.3 The Terms of Reference for the Procurement Group are as set forth contained in Annex I of this AgreementII. 4.4 The Procurement Group shall assume the responsibilities and continue the activities of the Interim Procurement Group established under the MOU in respect of the Interim Procurement Group’s work related to the Network and shall undertake the ongoing tasks of coordinating and managing the overall project during the engineering, provision and construction of the Network. 4.5 5.3 In the event that Segment F, or any Subsegment of the Network part thereof, fails to meet the specifications referred to stated in the Supply Contract for its provision, fails to provide the specified capacity, provision or is not engineered, provided, installed and ready in sufficient time to meet the RFPA Date and Network RFPA Date permit Segment F to be provisionally accepted on or before the dates specified in the Supply Contract or, if the supplier(s) are otherwise in material breach of the Supply Contractplanned RFPA Date, the Procurement Group, on behalf of the Parties to this Agreement, Group shall pursuant to this Paragraph 4 and in accordance with the Supply Contract, take such action as may be necessary to exercise the rights and remedies available under the terms and conditions of the Supply Contract. Such actions by the Procurement Group shall be subject to any direction directive deemed necessary by the Management Committee. 4.6 5.4 Each of the Parties shall be entitled on request and at its own expense to receive from the Procurement Group a copy of the Supply Contract subject to the acceptance by each such Party of any reasonable conditions of confidentiality imposed by the Supply Contract. 5.5 The Procurement Group shall ensure that the Supply Contract specifies an RFPA Date for or before August 30, 1994 for the Cable System. 5.6 The Procurement Group shall continue to function until the RFPA Date or until otherwise determined by the Management Committee. 5.7 The Procurement Group shall continue with the responsibilities and activities established under the MOU and shall undertake the on-going tasks of coordinating and managing the overall project during construction of the Cable System. 5.8 All decisions and recommendations to the Management Committee made by the Procurement Group in accordance with this Agreement shall be subject, in the first place, to consultation among its the members of the Procurement Group who shall make every reasonable effort to reach agreement with respect to matters to be decided. However, in the event agreement cannot be reached, the each decision and/or recommendation shall be made on the basis of a vote of simple at least three Parties, representing a two-third (2/3) majority of the total voting, interests of the Procurement Group Parties. For such purposes, the voting interests as specified in percentages of the Procurement Group Parties shall be determined by mathematically factoring their aggregate amount from Schedule C unless otherwise decided by the Management Committee2 to one hundred percent (100%). A member of the Procurement Group representing more than one Initial Party shall separately cast the votes to which each Initial Party he represents is entitled. 4.7 No decisions of the Procurement Group shall override any provisions of this Agreement or decisions of the Management Committee or in any way diminish the rights or prejudice the interests granted to any Party under this Agreement. 4.8 The Procurement Group, including the Co-Chairmen, shall continue to function until the Final Acceptance Date or until such time as otherwise determined by the Management Committee.

PROCUREMENT GROUP. 4.1 A Procurement Group shall also be formedestablished under the direction of the Management Committee, consisting of comprising representatives from each of the Initial Terminal Parties. The Procurement Group This group shall act on behalf of as an agent for the Parties to this Agreement for the purpose of arranging for the constructionand be solely responsible, implementation and installation of the Wet Segment of the Network and in conjunction with the Management Committee as set forth in this Paragraph 4on a joint but not several basis, be responsible for all actions as may be required by the Management Committee to contract execute the Supply Contract(s) with the supplier(s) supplier to provide Segment S of SEA-ME-WE 3. The Procurement Group may, at its discretion, establish other sub-ordinate groups, who will report directly to the Wet Segment Procurement Group, to assist it in the performance of the Networkits responsibilities. 4.2 The CoNotwithstanding Paragraph 4.1, the MOU signatories shall continue to be responsible, until the signing of the Supply Contract for Segments S3 - S10 of SEA-Chairmen ME-WE 3, for the adjudication of tenders and the contract negotiations leading to the execution of the Supply Contract for Segments S3 - S10 of SEA-ME-WE 3. 4.3 Notwithstanding Paragraph 4.1, the MOU-1 signatories shall continue to be responsible, until the signing of the Supply Contract for Segments S1 and S2 of SEA-ME-WE 3, for the adjudication of tenders and the contract negotiations leading to the execution of the Supply Contract for Segments S1 and S2 of SEA-ME-WE 3. 4.4 In the performance of the activities referred to in Paragraphs 4.2 and 4.3, the signatories of the MOU and MOU-1 will liaise closely with the Procurement Group are identified in Schedule F. The Co-Chairmen established under this Agreement to ensure the effective integration of the Procurement Group shall act as its coordinators Segments S3 - S10 with Segments S1 and spokesmen and shall from time to time, report to the Management Committee in respect of all the activities of the Procurement Group in accordance with the requirements of the Management CommitteeS2. 4.3 The Terms of Reference for the Procurement Group are as set forth in Annex I of this Agreement. 4.4 4.5 The Procurement Group shall assume the responsibilities and continue the activities have terms of the Interim reference contained in Annex 4. 4.6 The Procurement Group established under the MOU in respect of the Interim Procurement Group’s work related to the Network and shall undertake the ongoing tasks of coordinating co-ordinating and managing the overall project during the engineering, provision and construction of the Network. 4.5 In the event that any Subsegment of the Network fails to meet the specifications referred to in the Supply Contract for its provision, fails to provide the specified capacity, or is not engineered, provided, installed and ready in sufficient time to meet the RFPA Date and Network RFPA Date on or before the dates specified in the Supply Contract or, if the supplier(s) are otherwise in material breach of the Supply Contract, the Procurement Group, on behalf of the Parties to this Agreement, shall pursuant to this Paragraph 4 and in accordance with the Supply Contract, take such action as may be necessary to exercise the rights and remedies under the terms and conditions of the Supply Contract. Such actions by the Procurement Group shall be subject to any direction deemed necessary by the Management Committee. 4.6 All decisions and recommendations to the Management Committee made by the Procurement Group in accordance with this Agreement shall be subject, in the first place, to consultation among its members who shall make every effort to reach agreement with respect to matters to be decided. However, in the event agreement cannot be reached, the decision and/or recommendation shall be made on the basis of a vote of simple majority of the total voting interests as specified in Schedule C unless otherwise decided by the Management Committee. A member of the Procurement Group representing more than one Initial Party shall separately cast the votes to which each Initial Party he represents is entitledSEA-ME-WE 3. 4.7 No decisions of the The Procurement Group shall override any provisions of this Agreement or decisions of the Management Committee or in any way diminish the rights or prejudice the interests granted to any Party under this Agreement. 4.8 The Procurement Group, including the Co-Chairmen, shall continue to function until the Final Acceptance Date or until such time as Supply Contract is complete, unless otherwise determined by the Management Committee. 4.8 The Chairman of the Procurement Group shall attend Management Committee meetings and subcommittee meetings in an advisory capacity as necessary.

PROCUREMENT GROUP. 4.1 A Procurement Group shall be formed, consisting of representatives from each of the Initial Parties. The Procurement Group This group shall act on behalf of as agents for the Parties to this Agreement for the purpose of arranging for the construction, implementation implementation, and installation of the Wet Segment of the Network cable system and in conjunction with the Management Committee as set forth in this Paragraph 4, be solely responsible for all actions as may be required to contract with the supplier(s) Suppliers to provide the Wet Segment of the NetworkChina-US CN. 4.2 The Co-Chairmen of the Procurement Group Group’s responsibilities are identified contained in Schedule F. The Co-Chairmen of the Procurement Group shall act as its coordinators and spokesmen and shall from time to time, report to the Management Committee in respect of all the activities of the Procurement Group in accordance with the requirements of the Management CommitteeAnnex 2. 4.3 The Terms of Reference for the Procurement Group are as set forth in Annex I of this Agreement. 4.4 The Procurement Group shall assume take over the responsibilities and continue the activities of the Interim Procurement Group established under the MOU in respect of the Interim Procurement Group’s work related to the Network China-US CN and shall undertake the ongoing on-going tasks of coordinating and managing the overall project during the engineering, provision and construction of the NetworkChina-US CN. 4.5 In 4.4 AT&T and China Telecom shall be the event that any Subsegment Co-Chairmen of the Network fails to meet the specifications referred to in the Supply Contract for Procurement Group and shall act as its provision, fails to provide the specified capacity, or is not engineered, provided, installed coordinators and ready in sufficient spokesmen. The Co-Chairmen shall from time to meet time report to the RFPA Date and Network RFPA Date on or before Management Committee in respect of all the dates specified in the Supply Contract or, if the supplier(s) are otherwise in material breach activities of the Supply Contract, the Procurement Group, on behalf of the Parties to this Agreement, shall pursuant to this Paragraph 4 and Group in accordance with the Supply Contract, take such action as may be necessary to exercise the rights and remedies under the terms and conditions requirements of the Supply Contract. Such actions by the Procurement Group shall be subject to any direction deemed necessary by the Management Committee. 4.6 4.5 All decisions and recommendations to the Management Committee made by the Procurement Group in accordance with this Agreement shall be subject, in the first place, to consultation among its members who shall make every effort to reach agreement with respect to matters to be decided. However, in the event agreement cannot be reached, the decision and/or recommendation shall be made on the basis of a vote of simple majority of the total voting interests as specified in Schedule C B unless otherwise decided by the Management Committee. A member of the Procurement Group representing more than one Initial Party shall separately cast the votes to which each Initial Party he represents is entitled. 4.7 4.6 No decisions of the Procurement Group shall override any provisions of this Agreement or decisions of the Management Committee or in any way diminish the rights or prejudice the interests granted to any Party under this Agreement. 4.8 4.7 The Procurement Group, including the Co-Chairmen, shall continue to function until the Final Acceptance Date or until such time as otherwise determined by the Management Committee.