THIS NOVATION AGREEMENT Is Made on 201 0

SCHEDULE 6

NOVATION AGREEMENTS

Dated201[]
THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE GOVERNMENT OF KOSOVO
and
BECHTEL INTERNATIONAL, INC.
and
ENKA INSAAT VE SANAYI A.S.
and
[SUBCONSULTANT]
NOVATION OF THE [SUBCONSULTANT] APPOINTMENT IN CONNECTION WITH THE MORINE TO MERDARE MOTORWAY DATED [XXX]

`THIS NOVATION AGREEMENT is made on 201[0]

BETWEEN:

(1)The Ministry of Transport and Communications on behalf of the Government of the Republic of Kosovo of Kosovo Assembly Building, St. Mother Teresa, Third Floor, Pristina, Kosovo 10000 (“MTC”); and

(2)Bechtel International, Inc. of One East First Street, Reno, Nevada, USA (“BINT”); and

(3)Enka Insaat ve Sanayi A.S. of Balmumcu, Enka Binasi 1, Istanbul 80780 Turkey (“Enka Insaat”); and

(4)[Subconsultant] of [XXX] (“Subconsultant”).

WHEREAS:

(A)BINT and Enka Insaat entered into an appointment with the Subconsultant on [XXX] (the “Subconsultant Appointment”) under which the Subconsultant agreed to perform design services in connection with the motorway from Morine to Merdare for the sums set out in the Subconsultant Appointment.

(B)The parties desire that all rights and benefits of BINT and Enka Insaat under the Subconsultant Appointment be transferred to MTC as specified, and upon the terms and conditions, set out below.

(C)The parties also desire that the duties, obligations and liabilities of BINT and Enka Insaat under the Subconsultant Appointment shall be transferred to, and be assumed by, MTC as specified, and upon the terms and conditions, set out below.

NOW THIS AGREEMENT WITNESSES as follows:

1Interpretation

Terms with capitalised first letters used but undefined in this Agreement (including the recitals) shall have the same meanings as those given to them in the Subconsultant Appointment.

2Assignment

2.1BINT and Enka Insaat hereby assign absolutely to MTC their entire rights against the Subconsultant under the Subconsultant Appointment including their entire rights and benefit in all claims, demands, covenants, obligations and liabilities accruing in favour of them.

2.2BINT and Enka Insaat hereby give notice of the assignment referred to in clause 2.1 to the Subconsultant and the Subconsultant hereby acknowledges receipt of such notice of assignment.

3BINT and Enka Insaat Release and Discharge

BINT and Enka Insaat hereby release and discharge the Subconsultant from all duties, covenants, obligations and liabilities of whatsoever nature to and in favour of BINT and Enka Insaat under or contained in the Subconsultant Appointment, whether arising before or after the date of this Agreement.

4Subconsultant Performance and Assumption of Liability

The Subconsultant hereby agrees to perform and discharge the duties and obligations, and to assume the liabilities, under theSubconsultant Appointment for the benefit of MTC and accepts the liability of MTC to the Subconsultant under the Subconsultant Appointment as if MTC had from the date of its execution been named as a party to the Subconsultant Appointment in place of BINT and Enka Insaat.

5MTC Release, Discharge, Performance and Assumption of Liability

MTC hereby:

(a)releases and discharges BINT and Enka Insaat from all duties, covenants, obligations and liabilities of whatsoever nature under or contained in the Subconsultant Appointment; and

(b)accepts the liability of Subconsultant under the Subconsultant Appointment; and

(c)agrees to perform and discharge the duties and obligations, and assume the liabilities, of BINT and Enka Insaat under the Subconsultant Appointment in favour of the Subconsultant

as if MTC had from the date of its execution been named as a party to the Subconsultant Appointment in place of BINT and Enka Insaat.

6Third Parties

Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.

7Governing Law and Dispute Resolution

7.1This Agreement shall be governed by the laws of England and Wales.

7.2Any and all disputes or differences arising out of or in relation to this Agreement shall be finally settled by international arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The number of arbitrators shall be five. Each Party shall appoint one arbitrator and the arbitrators so appointed shall agree upon the identity of the final arbitrator. Where the Party appointed arbitrators cannot agree on the identity of the final arbitrator, the final arbitrator shall be appointed by the President of the International Chamber of Commerce. The substantive law of England and Wales shall be applicable. The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be in Paris, France.

IN WITNESS whereof the parties have caused this Agreement to be executed on the day, month and year indicated above.

Signedby ______)

for THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE GOVERNMENT OF KOSOVO

Signedby ______)

for BECHTEL INTERNATIONAL, INC.

and

Signedby______)

for ENKA INSAAT VE SANAYI A.S.

Signedby ______)

for [SUBCONSULTANT]

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