Date: 28th February 2024
Mr. Atsushi Terada
Tokyo, Japan
Email: atsushi.terada@summit-centre.com
Mobile: +01321-160194
Passport: TR6494447
Subject: Letter of Re-Appointment
Dear Mr. Atsushi Terada,
Referring to the decision of the board of Directors, we are pleased to re-appoint you as Technical Manager at Summit Power Limited ("SPL") under the terms and conditions explained below. Your re-appointment commences from 30th May 2024 and expires on 29th May 2026 unless until extended by SPL.
Please read all the conditions set forth in this letter of appointment before consenting.
Reporting and Responsibilities
You will be reporting to the Head of Technical and Innovation of Summit Corporation Limited ("SCL") and Board of SPL through the Managing Director of SPL broadly to undertake the following:
Duties and Responsibilities
To prepare draft of the quality control process and development or QC best practices at all existing plants and new projects.
To assist with the conduct of quality control meetings and training at all existing plants and projects.
To provide technical and project management, including coordination, and support at new projects under construction, unless there are any conflicts of interest.
To review and advise on technical and contractual documentation, including variations and change orders, on the new project construction life cycle.
To review Quality Controls and Process Controls documents and provide recommendations for improvement.
To assist and monitor activities of EPC contractors to ensure compliance with the requirements of the EPC contract, approved schedules, and recommend best action on the EPC contracts and contractors to the Management.
To jointly monitor progress and attend meetings relating to the project construction unless there are any conflicts of interest.
To jointly submit the interface with the O&M contractor to monitor compliance and conformance to technical requirements of relevant contracts and applicable laws.
To jointly monitor all activities of every O&M contractor, engineering, and technical consultants on all project related technical and engineering matters, unless there are any conflicts of interests.
To jointly inspect and coordinate with O&M contractors for early identification of technical and engineering issues as part of the overall preventive maintenance measures.
To jointly review performance test / dependable capacity test procedures and test reports with compliance to requirements of project PPAs.
To jointly participate in O&M budget preparation process of all existing plants and projects.
To provide support with the technical training activities of all existing plants and projects.
All of the above shall have to be techno-commercially viable and in accordance with the requirements of the project agreements.
Please note that your appointment and responsibilities will be included but not limited to the above and may be changed anytime in the future as deemed necessary by SPL's management and upon mutual agreement between you and SPL.
Compensation package
In consideration of your services to SPL, you will be paid a compensation package as detailed below:
You will receive a consolidated gross salary of USD 4,000/month (or equivalent BDT) only being 62.5% as basic and the remainder as 40% house rent of basic, 10% Medical Allowance of basic and 10% Transport Allowance of basic, per month. You will however be responsible for your own income taxes on your salary. SPL will deduct applicable AIT prior to disbursement of monthly salary.
You will be entitled to two festival bonuses annually, each equal to your one-month basic pay and Life & Medical Insurance benefit as per Company Rule.
Place of Work
Your main workplace will be Summit-Centre, our Head Office; however, the management of SPL might assign you to work in other sites/offices as and when needed subject to mutual agreement between you and SPL.
Renewal of Contract and Termination
Both parties will have the option to terminate this agreement with 30 days’ notice in writing by either party or on payment of a month fee in lieu thereof by the party serving the notice.
For breach of any provision of this contract, the Company reserves the right to terminate this agreement forthwith. Upon triggering of such event this agreement will be considered as null and void.
Acknowledgement of Summit's commitment to anti-bribery and corruption at the workplace
Summit Power Limited strongly discourages the act of bribery, either directly or through third parties, in any circumstances.
Such acts shall be treated as an act of gross misconduct, employees are therefore requested to avoid such situations and report any knowledge or suspicions of the offering, request for, receipt or payment of a bribe. A failure to do so may amount to gross misconduct.
By signing this letter of re-appointment, you acknowledge that you are aware of and will abide by such regulations.
Non-disclosure of confidential information
In accepting this letter of re-appointment, you agree that certain confidential information you obtain during your appointment period with SPL which relates to intellectual property, financial information, personnel projections, strategic planning or any other work product not readily available to the public to be trade secret and confidential information (the “Information”).
You also recognize and agree that it is reasonable and necessary to protect SPL's information and that you will take reasonable steps to maintain the confidentiality of the Information, both during and following your re-appointment at SPL. Notwithstanding the foregoing, you may disclose the Information to JERA Co., Inc., its affiliates and their respective representatives where such disclosure is for a purpose related to the services hereunder or the operation of this letter of re appointment.
Complying with all employment rules, policies and regulations
You agree that you are an employee of Summit Power Limited. You further agree to conduct yourself in a manner that is not prejudicial to SPL’s interest to abide by SPL's rules and regulations which are generally applicable to SPL's employees. All other matters not mentioned herein will be governed by all the rules, policies, and regulations of SPL in effect, which you will be informed of from time to time. You are required to read and acknowledge that you will abide by them.
Governing Law
This contract shall be governed by and construed in accordance with the laws of Bangladesh.
You are requested to sign and return the duplicate copy of this letter as your acceptance of the terms detailed above.
We again welcome you to our Summit family and trust your association with us will be a long term and meaningful one.
Yours sincerely,
_______________________
Managing Director of SPL
Accepted and agreed to this 28th February 2024
____________________
Atsushi Terada
Tokyo, Japan
Passport No: TR6494447
Copy to:
1. Personal file
2. Director (Finance)
3. Head of HR/ HR Department