Know all by these presents
the Institutional Cooperation Agreement signed by:
INFODUCTOS Y TELECOMUNICACIONES DEL
PERU S.A., (a RED CIENTÍFICA
PERUANA company) hereinafter “RCP Internet Perú”,
with Single Taxpayer N° 20429050546, with office of record
at Av. Pablo Carriquirry N° 410 – San Isidro, represented
by its General Manager Rolando Toledo Vega, identified with
National Identity Nº 09225187, pursuant to powers registered
in Electronic Entry N° 11105179 of the Lima and Callao
Company Registry, and
THE TRUTH AND RECONCILIATION COMMISSION –hereafter “CVR”-
with office of record at Av. Salaverry 2802, district of
San Isidro, province and department of Lima, represented
by its president, Mr. Salomón Lerner Febres, identified
with National Identity Nº 08771655, appointed to that
position through Supreme Resolution N° 330-2001-PCM and
authorized by Ministerial Resolution N° 212-2001-PCM
to sign agreements and covenants, under the following terms
and conditions:
ONE: PARTIES TO THE AGREEMENT
RCP Internet Perú is a corporation whose objective
is to commercialize goods and services, mainly telecommunications
and value added services, carrier services, to engage in the
purchase and sale of telecommunications equipment and all other
goods and services allowed by law, in conformance with Article
One of its By-Laws. In addition, it provides consulting and
advisory services; project design, evaluation and implementation
services; import and export services for all types of goods;
and acts as representative, dealer, franchisee or franchisor
before any domestic or foreign company.
CVR is a public organization created through Supreme Decree
Nº 065-2001-PCM, as complemented by Supreme Decree N° 101-2001-PCM,
for the purpose of clarifying the process, facts and responsibilities
pertaining to terrorist violence and human rights abuses occurred
from May 1980 through November 2000, that may be imputed to
both terrorist organizations and agents of the State, and to
propose initiatives aiming at asserting peace and concord among
Peruvians.
To meet its goals, CVR has organized itself as an ad-hoc public
organization with full independence and autonomy under the
administration of the Presidency of the Council of Ministers
(PCM). Its mandate is supported by the social legitimacy of
its objectives and initiatives aimed at the knowledge of truth,
restoring justice, achieving national reconciliation and consolidating
democracy.
To reach its objectives, CVR can request the cooperation of
public, private institutions and the citizenry at large.
CVR and RCP Internet Perú share the goal of achieving
national reconciliation, restoring justice and strengthening
constitutional democracy. To do so, they hereby agree to share
their efforts in undertaking activities and initiatives for
the dissemination of contents related to CVR’s work,
in particular in issues like the clarification of human rights
abuses and crimes, the context in which violence took place
in Peru, and sensitizing Peruvian society at large.
TWO : OBJECTIVES
The purpose of this Agreement is to establish the conditions
for the cooperation relationship between RCP Internet Perú and
CVR, concerning the hosting of CVR’s web page (www.cverdad.gob.pe).
THREE : OBLIGATIONS OF THE PARTIES
In conformance with the purpose of the Agreement, the parties
commit to the following cooperation initiatives:
1. Hosting of the CVR website.- RCP Internet Perú commits
to host the CVR’s web page free of any valuable consideration.
CVR will provide RCP Internet Perú the necessary information
so the latter will be able to meet its obligation.
2. Promoting RCP Internet Perú.- CVR commits its best
efforts to promote the initiatives subject matter to this Agreement
at all possible opportunities and in all communication media.
In addition it commits to organize a Press Conference after
the signing of this Agreement, to reveal the scope of the Agreement.
RCP Internet Perú representatives will participate at
the press conference.
3. Promoting CVR activities.- RCP Internet Perú commits
its best efforts to promote CVR’s web page from its Internet
portal.
FOUR: LIMITED RESPONSIBILITY
In view of the objective of this Agreement, both parties accept
that under no circumstance shall RCP Internet Perú be
held liable by CVR or any other third parties for the indirect,
incidental special, loss of profits, data or use damages that
may hurt the latter as a consequence of the contents or hosting
of the aforementioned web page.
FIVE : OPERATIONS COORDINATORS
To properly accomplish the commitments herein, the parties
agree to appoont the following individuals as the Agreement’s
operations coordinators.
- For CVR: Rocío Alayza Camarero (e-mail: ralayza@cverdad.org.pe)
- For RCP Internet Perú: Jhonny Dean Acosta Acosta.
(e-mail: jacosta@rcp.net.pe)
Both parties – either through their operations coordinators
or other designated individuals - agree to organize joint coordination
and activity design meetings when either of the parties deems
it necessary to reach the objectives pursuant t this Agreement.
SIX : TERM
This Agreement will become effective on the date of its signing
and will remain in full force and effect until July 13, 2003,
after which date it may e extended by agreement of the parties.
However, this Agreement may be terminated immediately by any
of the parties in case of failure to comply unless said failure
results from acts of god or force majeure.
In addition, the Agreement may be terminated by one of the
parties by sending written notice to the other party at least
15 days before the unilateral termination decision enters in
force.
SEVEN : INTERPRETATION AND CONTROVERSIES
This Agreement is based on the good faith of the parties.
For this reason all conflicts that may arise concerning its
interpretation, execution or compliance will be resolved by
common understanding. Nonetheless, the parties waive their
right to the jurisdiction of their respective domiciles and
submit to the courts and tribunals of the Lima Court District.
In conformance with each and everyone of aforementioned dispositions
to this Agreement, the parites sign on the day of
March, two thousand three.
Salomón Lerner Febres
President
Truth and Reconciliation Commission
Sandro Marcone
Legal Representative
 
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