AMENDMENT AGREEMENT No. 5 to Agreement No. DTR-082-13/D-NK-0117/2013 dated March 14, 2013
Exhibit 10.4
AMENDMENT AGREEMENT No. 5
to
Agreement No. DTR-082-13/D-NK-0117/2013
dated March 14, 2013
| The City of Moscow | August 3, 2015 |
THIS AMENDMENT AGREEMENT No. 5 (the “Amendment Agreement”) to Agreement No.DTR-082-13/D-NK-0117/2013 dated March 14, 2013 (the “Agreement”) is made by and between:
“NOVY CANAL” CLOSED JOINT STOCK COMPANY (“Domashny”), a public company limited by shares, organized and existing in the Russian Federation (the “Customer”), as represented by its General Director Lika Blanc acting by virtue of the Customer’s Articles, on the one hand; and
RUSSIAN TELEVISION AND RADIO BROADCASTING CORPORATION (“RTRS”), a state-owned company organized and existing in the Russian Federation (the “Contractor”), as represented by Alexei Popov, First Deputy General Director for Economy and Finance, acting under Power of Attorney No. 01-12/199 dated April 21, 2015, on the other hand;
the Customer and the Contractor being hereinafter collectively referred to as the “Parties” and, each individually, as a “Party”.
THE PARTIES HAVE AGREED AS FOLLOWS:
1. The Parties have agreed on the following schedule for payment of unpaid bills under the Agreement for the period between March 14, 2013 up to and including June 24, 2015, in the total amount of one hundred ninety-six million six hundred fifty-six thousand one hundred eighteen 13/100 rubles (RUB 196,656,118.13):
| Payment date |
| Communication |
| 18% VAT |
| Total, RUB |
|
| October 30, 2015 |
| 12 610 202.87 |
| 2 269 836.52 |
| 14 880 039.39 |
|
| November 30, 2015 |
| 12 610 202.87 |
| 2 269 836.52 |
| 14 880 039.39 |
|
| December 31, 2015 |
| 12 610 202.84 |
| 2 269 836.51 |
| 14 880 039.35 |
|
| Payment date |
| Downpayments, RUB |
| 18% VAT |
| Total, RUB |
|
| October 30, 2015 |
| 42 942 372.88 |
| 7 729 627.12 |
| 50 672 000.00 |
|
| November 30, 2015 |
| 42 942 372.88 |
| 7 729 627.12 |
| 50 672 000.00 |
|
| December 31, 2015 |
| 42 942 372.88 |
| 7 729 627.12 |
| 50 672 000.00 |
|
2. The Parties have agreed execute Exhibit 8 to the Agreement (Service Fee Downpayment Schedule), as attached hereto, with the effective date of July 1, 2015.
1
3. Subject to Customer compliance with the service fee downpayment schedule mentioned in Clause 1 hereof, the Parties confirm that they have no claims against each other as to payment of any penalties related to performance of obligations under the Agreement in the period between March 14, 2013 and up to and including June 24, 2015.
4. This Amendment Agreement shall take effect as of the time of its execution by both Parties and shall apply to the Parties’ relations arising as of July 1, 2015.
5. The Parties agree to be governed by the Agreement and the applicable laws of the Russian Federation in any and all matters not expressly provided for herein.
6. This Amendment Agreement is made in two (2) counterparts having equal legal force, one for either Party.
7. Parties’ signatures:
| For and on behalf of the Customer: |
| For and on behalf of the Contractor: |
|
|
|
|
| [signature] |
| [signature] |
| Lika Blanc |
| Alexei Popov |
| General Director |
| First Deputy General Director for Economy and Finance |
|
|
|
|
| “Novy Canal” Closed Joint Stock Company |
| Russian Television and Radio Broadcasting Corporation |
|
|
|
|
| [seal]: “Novy Canal” Closed Joint Stock Company |
| [seal]: Russian Television and Radio Broadcasting Corporation |
2
Exhibit 8
Agreement No. DTR-082-13/D-NK-0117/2013 dated March 14, 2013
as amended by Amendment Agreement No. 5 dated August 3, 2015
SERVICE FEE DOWNPAYMENT SCHEDULE
| Downpayment Made |
| Downpayment Credited Towards Service Fee |
| ||||||||
| Year |
| Month |
| Amount (incl. VAT), |
| Year |
| Month |
| Amount (incl. VAT), |
|
| 2014 |
| July |
| 38,340,000.00 |
| 2019 |
| January |
| 35,010,000.00 |
|
|
| February |
| 3,330,000.00 |
| |||||||
| 2014 |
| August |
| 38,340,000.00 |
| 2019 |
| February |
| 31,680,000.00 |
|
|
| March |
| 6,660,000.00 |
| |||||||
| 2014 |
| September |
| 38,340,000.00 |
| 2019 |
| March |
| 28,350,000.00 |
|
|
| April |
| 9,990,000.00 |
| |||||||
| 2014 |
| October |
| 38,340,000.00 |
| 2019 |
| April |
| 25,020,000.00 |
|
|
| May |
| 13,320,000.00 |
| |||||||
| 2014 |
| November |
| 38,340,000.00 |
| 2019 |
| May |
| 21,690,000.00 |
|
|
| June |
| 16,650,000.00 |
| |||||||
| 2014 |
| December |
| 38,340,000.00 |
| 2019 |
| June |
| 18,360,000.00 |
|
|
| July |
| 19,980,000.00 |
| |||||||
| 2015 |
| January |
| 31,670,000.00 |
| 2019 |
| July |
| 15,030,000.00 |
|
|
| August |
| 16,640,000.00 |
| |||||||
| 2015 |
| February |
| 31,670,000.00 |
| 2019 |
| August |
| 18,370,000.00 |
|
|
| September |
| 13,300,000.00 |
| |||||||
| 2015 |
| March |
| 31,670,000.00 |
| 2019 |
| September |
| 21,710,000.00 |
|
|
| October |
| 9,960,000.00 |
| |||||||
| 2015 |
| April |
| 31,670,000.00 |
| 2019 |
| October |
| 25,050,000.00 |
|
|
| November |
| 6,620,000.00 |
| |||||||
| 2015 |
| May |
| 31,670,000.00 |
| 2019 |
| November |
| 28,390,000.00 |
|
|
| December |
| 3,280,000.00 |
| |||||||
| 2015 |
| June |
| 25,336,000.00 |
| 2019 |
| December |
| 25,336,000.00 |
|
| 2016 |
| July |
| 14,217,133.00 |
| 2020 |
| August |
| 14,217,133.00 |
|
| 2016 |
| August |
| 14,217,133.00 |
| 2020 |
| September |
| 14,217,133.00 |
|
| 2016 |
| September |
| 14,217,133.00 |
| 2020 |
| September |
| 14,217,133.00 |
|
| 2016 |
| October |
| 14,217,133.00 |
| 2020 |
| September |
| 14,217,133.00 |
|
| 2016 |
| November |
| 14,217,133.00 |
| 2020 |
| October |
| 14,217,133.00 |
|
| 2016 |
| December |
| 14,217,133.00 |
| 2020 |
| October |
| 14,217,133.00 |
|
| 2017 |
| January |
| 14,217,133.00 |
| 2020 |
| October |
| 14,217,133.00 |
|
| 2017 |
| February |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
3
| 2017 |
| March |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| April |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| May |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| June |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| July |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| August |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| September |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| October |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| November |
| 14,217,133.00 |
| 2020 |
| November |
| 14,217,133.00 |
|
| 2017 |
| December |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| January |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| February |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| March |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| April |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| May |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| June |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| July |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| August |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| September |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| October |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| November |
| 14,217,133.00 |
| 2020 |
| December |
| 14,217,133.00 |
|
| 2018 |
| December |
| 14,217,143.00 |
| 2020 |
| December |
| 14,217,143.00 |
|
| Total: |
| 840,240,000.00 |
| Total: |
| 840,240,000.00 |
| ||||
| For and on behalf of the Customer: |
| For and on behalf of the Contractor: |
|
|
|
|
| [signature] |
| [signature] |
| Lika Blanc |
| Alexei Popov |
| General Director |
| First Deputy General Director for Economy and Finance |
| “Novy Canal” Closed Joint Stock Company |
| Russian Television and Radio Broadcasting Corporation |
|
|
|
|
| [seal]: “Novy Canal” Closed Joint Stock Company |
| [seal]: Russian Television and Radio Broadcasting Corporation |
4
