Sie sind auf Seite 1von 3

ATM INSTALLATION AGREEMENT

BETWEEN

KOBIL PETROLEUM RWANDA LTD

&

BANQUE POPULAIRE DU RWANDA S. A LTD

THIS CONCESSION AGREEMENT is made the .24 day of OctoberJune 2013


BETWEEN

KOBIL PETROLEUM RWANDA S.A.R.L PO Box 6074, Byumba Road, Gatsata, Kigali
Rwanda, Tel: (+250) 788183200 (hereinafter referred to as The Landlord which expression
shall where the context so admits include its assignees or person deriving title under it ) of one
part;

And

BPR a company incorporated under the laws of Rwanda and having its registered office at Kigali
City Avenue de la Paix, P.o.Box 1348 KIGALI (hereinafter referred to as the Tenant which
expression shall include its successors-in-title and assigns) of the one part,

Now, THEREFORE, in consideration of the mutual promises herein contained and intending to be
legally bound, the parties agree as follows:

Article 1: Location

The Landlord rents out to the Tenant who consents to take occupancy of 2.7 * 1.6 m on the ground
on each of his four (4) Petrol Stations, located in Kigali City. These Stations are : Kobil
Nyarutarama, Kobil Nyabugogo III, Kobil Kinamba and Kobil Remera 1 (Kisimenti).

However each Kobil petrol stations ATM agreement can be treated independently /separately from
the consolidated agreement .

The rented area is only for deploying an Automatic Teller Machine (hereinafter called Machine).

The Tenant will have the right to make all necessary modifications at the premises to install the
machine. But such modifications should be approved by the Landlord in writing and the
modifications should be such that they should not expose the petrol station to any safety issues or
does not obstruct the fuel consumers movement
The Tenant shall conduct a regular maintenance of the machine and bear the cost related to. Kobil
shall not be responsible for any theft/loss or cash lost from the ATM.

Article 2: Rent and Concession Fees

The monthly rent and concession fees shall be fixed at Rwf 138,000 RWF (one hundred thousand
Rwandan francs only) plus VAT and will be paid quarterly within the first 15 days of second month
of the concerned quarter upon receiving the invoice related to. The rent shall be negotiated at a
15% increment after every 25 years from the date of signing the agreement

The rent will be paid through Landlord account number as may be adviseed to the tenanat

Any other fees and taxation that may accrue related to the space provided to the Tenant except for
VAT charged on the renatl fees which may be imposed during the contract period shall be the
responsibility of Landlord. All utility bills will be fully covered by the tenant.

Article 3: Duration

The concession agreement shall come into force from the date it is signed for a period of 2 5 years
renewable by both parties at their option for more consecutive 2 5 year terms.

However, one of the signatories might may terminate this agreement before its maturity, in return
for a 6 month notice by a registered letter to the other party with acknowledgement of receipt.
Otherwise, this agreement can not be terminated within the first 24 60 months starting from the
date of its coming into force, save for an Act of God, force majeure.

Notwithstanding any provision in this agreement, the Landlord may terminate this agreement on
the following circumstances:

a) if the Authority deems it to be in the national interest;


b) If any permit, license, approval or authorization required by the Tenant to operate the facility
is suspended, revoked or otherwise invalidated;
c) If the Authority deems the service offered by the Tenant no longer necessary;
d) If the Authority deems the Tenants service to be unsatisfactory, prior notice having been
given.

The notice period starts when the letter is received. During this period, the Tenant must abide by
the provisions in article 2.

Article 6: Inventory

Before demolition for installing the machine, the Landlord and the Tenant will proceed to the
inventory of the rented property. Therefore, the Tenant will commit himself to keep them in good
conditions and to leave them in good conditions at the end of this agreement as it was handed to
him.

Article 7: Liabilities

The tenant agrees that the Landlord shall not be liable of any loss and damage suffered by the
Tenant in connection with fraudulent act whether caused by the users of the system or third
parties, Kobil will be responsible if its found out with no doubt that a kobil employee caused
damages intentionally.

The Landlord agrees however to provide only physical safety and security of the ATM machines.
The Landlord agrees to give a maximum access to the premises; 7 days 24 hours to the tenant.
Article 8: Entire Agreement

This Agreement contains the entire agreement of the parties and supersedes any and all prior
agreements, written or oral, between the parties relating to the subject matter of this Agreement.
This Agreement may not be amended unless agreed to in writing by all parties.

Article 9: Dispute resolution

Any dispute related to the implementation or interpretation of this contract will be settled by
friendly agreement. In case of disagreement, the parties shall refer to the Rwandan competent
courts.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THEIR AUTHORISED SIGNATORIES TO
HEREUNTO SET THEIR RESPECTIVE HANDS THE DAY AND YEAR FIRST ABOVE-WRITTEN.

The Tenant
BPR

.......................
Herman KLASSENEphraim TURAHIRWA
Chief Executive Officer

The Landlord
KOBIL PETROLEUM
RWANDA S.A.R.L

..
Mr. NGUGI K. Patrick
Country Manager