Forestry fee PT. Bayan Resources Tbk - Prospectus

Schedule 571 PT BAYAN RESOURCES AND SUBSIDIARIES NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS 31 MARCH 2008 AND 2007 AND 31 DECEMBER 2007, 2006 AND 2005 Expressed in million Indonesian Rupiah, unless otherwise stated 28. SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued j. Coal shipping and hauling contracts The Company On 2 October 2006, the Company entered into a coal shipping contract with PT Pelayaran Segara Niaga Utama “PSNU” for the period 1 January 2007 until 31 December 2007. On 5 November 2007, this contract was extended until 31 December 2008, and on 19 March 2008, this contract was terminated. On 18 December 2007, the Company entered into a coal shipping contract with PSNU for the period January 2008 until December 2008. On 11 March 2008, the Company amended this agreement to change the terms related to coal quantity shipped and contract period until 31 December 2012. The total quantity to be shipped for five years is 29.5 million MT with a tolerable variance of 20. GBP On 5 December 2006, GBP entered into an agreement with PSNU, which was extended on 5 February 2008 for a period of one year from 1 January 2008 to 31 December 2008, for coal deliveries by sea from the Company’s concession area to the BCT. On 19 March 2008, GBP amended this agreement to change the terms related to coal quantity shipped, contract period and tariff. This agreement is valid for 5 years. Total quantity to be shipped for five years is 5.8 million MT with a tolerable variance of 20. PIK On 3 December 2007, PIK entered into a coal transportation and transshipment agreement with PSNU for a total coal transport volume of 1.8 million MT with a tolerable variance of 20. This agreement commenced on 3 December 2007 and is valid for a period of one year or until the agreed coal transport volume is achieved, whichever is later. On 19 March 2008, PIK terminated this agreement effective 11 March 2008. On the same date, PIK entered into a new coal shipping agreement with PSNU for the period 11 March 2008 until 31 December 2012 under which the tariff to be used is based on Free In StowedOut and Trimmed “FIOST”. The total quantity to be shipped for five years is 13 million MT with a tolerable variance of 20. TSA On 8 November 2007, TSA entered into a coal shipping agreement with PSNU related to coal loading and transportation from the loading port to the coal terminal. This agreement is valid until 31 December 2012 under which the tariff to be used is based on FIOST. On 19 March 2008, TSA amended this agreement to change the terms relating to coal quantity shipped. The total quantity to be shipped for five years is 11.6 million MT with a tolerable variance of 20. WBM On 3 August 2007, WBM entered into an agreement with PT Lian Beng Energy, a related party, to provide coal hauling services for 5.75 million MT of coal. The agreement is valid until 1 October 2009 or until the targeted production is reached, whichever is earlier. This agreement was amended on 12 November 2007 to increase the coal tonnage by 9 million MT. On 19 March 2008, WBM entered into a coal shipping agreement with PSNU for the period 1 January 2008 until 31 December 2012. The total quantity to be shipped for five years is 32 million MT with a tolerable variance of 20 and the tariff used is based on FIOST. F-88 Schedule 572 PT BAYAN RESOURCES AND SUBSIDIARIES NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS 31 MARCH 2008 AND 2007 AND 31 DECEMBER 2007, 2006 AND 2005 Expressed in million Indonesian Rupiah, unless otherwise stated 28. SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued j. Coal shipping and hauling contracts continued FKP On 19 March 2008, FKP amended its coal shipping agreement with PSNU which was previously entered into on 11 February 2008 to change the terms related to coal quantity shipped. The total quantity to be shipped for five years is 11.3 million MT with a tolerable variance of 20 and the tariff used is based on FIOST. This agreement is valid for 5 years. IP On 7 January 2008, IP entered into a coal transshipment agreement with PSNU for the period 1 January 2008 until 31 December 2012.

k. Coal sales and purchase agreements

Sellers Buyers Agreement period Sales quantity MT BR Vitol Asia Pte. Ltd. 1 January 2008 - 31 December 2012 18,000,000 Vitol S. A 1 January 2007 - 31 December 2008 1,500,000 Enel Trade S.p.A. 1 January 2007 - 31 December 2009 2,000,000 per annum Constellation Energy Commodities Group, Inc. January 2007 - December 2013 7,250,000 Coal and Oil Company DMCC, Dubai 1 January 2008 - 31 December 2012 1 January 2008 - 31 December 2008 600,000 per annum 500,000 Mitsui Bussan Raw Materials Development Corporation 1 April 2007 - 31 March 2008 90,000 Mitsui Co., Ltd. 1 April 2007 - 31 March 2008 70,000 1 October 2007 - 30 September 2010 300,000 per annum Sojitz Corporation 1 March 2007 -31 March 2010 3,198,000 PT Indopasifik Mining 9 July 2007 - date of quantity achieved 700,000 Adani Global Pte. Ltd. 1 September 2007 - 31 December 2008 710,000 PIK Adani Global Pte. Ltd. 1 September 2007 - 31 December 2008 650,000 Coal and Oil Company DMCC, Dubai July 2007 - December 2012 2,880,000 GBP Mitsui Co., Ltd, 1 January 2008 - 31 January 2008 58,000 Coal and Oil Company DMCC, Dubai 1 January 2008 - 31 December 2008 1 January 2008 - 31 December 2012 28 January 2008 - 30 April 2008 50,000 1,000,000 75,000 Taiwan Power Company 2005 - 2010 3,000,000 TNB 10 October 2005 - 1 September 2011 700,000 per annum Mitsui Bussan Raw Materials Development Corporation 1 January 2008 - 31 December 2008 94,365 IP TNB 16 February 2005 - 31 December 2009 1,680,000 F-89 Schedule 573 PT BAYAN RESOURCES AND SUBSIDIARIES NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS 31 MARCH 2008 AND 2007 AND 31 DECEMBER 2007, 2006 AND 2005 Expressed in million Indonesian Rupiah, unless otherwise stated 28. SIGNIFICANT AGREEMENTS, COMMITMENTS AND CONTINGENCIES continued k. Coal sales and purchase agreements continued