This Agreement is made on 6 September 2012
BETWEEN
A CenturyNetworks (Thailand) Co., Ltd (Tax ID.: 3033981124) (Company) of the one part;
AND
Bangsaen Beach Resort Co.,Ltd . (Bangsaen Heritage Hotel) (Tax ID.: 0205519000075)
(Customer) of the other part.
WHEREAS:
a) The Customer is a hospitality service provider operates in 50 Bangsaen Beach 1 Road, Tumbon Saensuk , Amphur Muang, Chonburi 20130 Thailand.
b) The Company is a fully integrated multimedia solution provider delivering internet broadband systems and information technology solutions to corporations operates in No. 18/4, Soi 20 Mituna, Yaek 11/13, Samsaennork, Huaykwang, Bangkok 10310, Thailand.
c) The Customer agreed to engage and the Company agreed to accept such engagement to provide the Services (as defined herein), upon the terms and subject to the conditions herein contained.
d) The purpose of this Agreement is to document the agreements and understandings between the parties and hold bound the parties to the duties, responsibilities and rights as laid down in this Agreement with regards to the fundamental issues that form the basis of this Agreement and all other relevant responsibilities arising from it.
NOW IT IS HEREBY AGREED as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings respectively:
“Acceptance Date” Means the date the Customer is deemed to have accepted the Designated Equipment in accordance with Clause 4.2.
“Acceptance Test” Means the tests to be implemented by the Company in accordance with the terms and conditions as set out in Schedule 4.
“Designated Equipment” Means the machine identified by type in Schedule 1.
“Force Majeure” Means an act, omission or circumstance other than an obligation to timely pay moneys due, relied on by one of the parties to this Agreement as a force majeure event and over which that party could not reasonably have exercised control including but not limited to which includes but is not limited to the inability of the Company to obtain or continue to maintain or renew any license or consent, approval or permit to provide the service, fires, strikes, theft, burglary, vandalism, insurrection or riots, delay in transportation, requirements or regulations of any civil or military authority. In the event that the Company should be delayed in the performance of