Common use of Amendment and Termination of the Agreement Clause in Contracts

Amendment and Termination of the Agreement. After the act of God, force majeure, or similar causes are overcome, the Concessionaire shall perform the affected obligations, and the term for performance of these obligations shall be extended for the period corresponding to the duration of the event. Depending on the extent and severity of the effects of the act of God, force majeure, or similar causes, the Parties may agree on the amendment or termination of the Agreement. During interruption of the contract term, all Parties’ obligations not affected by act of God, force majeure, and similar causes remain effective and enforceable. Environmental Permitting ANP may extend or suspend the course of the contract term in case of evidenced delay in the environmental permitting procedure due to exclusive fault of the applicable public entities. As long as requested by the Concessionaire, the suspension of the lapse of the contract term for more than five (5) years may entail contract termination, and the Concessionaire shall have no right to any type of indemnification. The Concessionaire shall be responsible for evidencing that, in the period between suspension of the lapse of the contract term and request for termination of the Agreement, it has not contributed to the delay of the environmental permitting process. As long as requested by the Concessionaire, the final denial by the competent environmental authority of the permit essential to the development of the activities may entail contract termination, and the Concessionaire shall not be entitled to any type of indemnification. The Concessionaire shall be responsible for evidencing that it did not contribute to the denial of the environmental permitting process for such denial to be considered an act of God, force majeure, and similar cause.

Amendment and Termination of the Agreement. After the act of God, force majeure, or similar causes are overcome, the Concessionaire shall perform the affected obligations, and the term for performance of these obligations shall be extended for the period corresponding to the duration of the event. Depending on the extent and severity of the effects of the act of God, force majeure, or similar causes, : the Parties may agree on the amendment or termination of the Agreement; ANP may suspend the course of the contract term regarding the affected portion of the Agreement. During interruption of the contract term, all Parties’ obligations not affected by act of God, force majeure, and similar causes remain effective and enforceable. Environmental Permitting ANP may extend or suspend the course of the contract term in case of evidenced delay in the environmental permitting procedure due to exclusive fault of the applicable public entities. As long as requested by the Concessionaire, the suspension of the lapse of the contract term for more than five (5) years may entail contract termination, and the Concessionaire shall have no right to any type of indemnification. The Concessionaire shall be responsible for evidencing that, in the period between suspension of the lapse of the contract term and request for termination of the Agreement, it has not contributed to the delay of the environmental permitting process. As long as requested by the Concessionaire, the final denial by the competent environmental authority of the permit essential to the development of the activities may entail contract termination, and the Concessionaire shall not be entitled to any type of indemnification. The Concessionaire shall be responsible for evidencing that it did not contribute to the denial of the environmental permitting process for such denial to be considered an act of God, force majeure, and similar cause.

Amendment and Termination of the Agreement. After the act of God, force majeure, or similar causes are overcome, the Concessionaire shall perform the affected obligations, and the term for performance of these obligations shall be extended for the period corresponding to the duration of the event. Depending on the extent and severity of the effects of the act of God, force majeure, or similar causes, the Parties may agree on the amendment or termination of the Agreement. During interruption Once the deadline is reset, the Concessionaire shall be responsible for performing the affected obligations. Depending on the extent and severity of the contract term, all Parties’ obligations not affected by effects of the act of God, force majeure, and or similar causes remain effective and enforceablecauses, the Parties may agree on the amendment or termination of the Agreement. Environmental Permitting ANP may extend or suspend the course lapse of the contract term in case of evidenced delay in the environmental permitting procedure due to exclusive fault of the applicable public entitiesenvironmental authorities. As long as requested by the Concessionaireconcessionaire, the suspension of the lapse of the contract term for more than five (5) years may entail contract termination, and the Concessionaire shall have no right to any type of indemnification. The Concessionaire shall be responsible for evidencing that, in the period between suspension of the lapse of the contract term and request for termination of the Agreementconcession agreement, it has not contributed to the delay extension of the environmental permitting process, which shall characterize the fact as an act of God, force majeure, and similar causes. As long as requested by the Concessionaireconcessionaire, the final denial by the competent environmental authority of the permit essential to the development of the activities may entail contract termination, and the Concessionaire shall not be entitled to any type of indemnification. The Concessionaire shall be responsible for evidencing that it did not contribute to the denial of the environmental permitting process for such denial to be considered an act of God, force majeure, and similar cause.

Amendment and Termination of the Agreement. After the act of God, force majeure, or similar causes are overcome, the Concessionaire shall perform the affected obligations, and the term for performance of these obligations shall be extended for the period corresponding to the duration of the event. Depending on the extent and severity of the effects of the act of God, force majeure, or similar causes, : the Parties may agree on the amendment or termination of the Agreement; ANP may suspend the course of the contract term regarding the affected portion of the Agreement. During interruption of the contract term, all Parties’ obligations not affected by act of God, force majeure, and similar causes remain effective and enforceable. Environmental Permitting ANP may extend or suspend the course of the contract term in case of evidenced delay in the environmental licensing process . Suspension or extension of the agreement may be granted upon reasoned request by the Concessionaire. The agreement may be preventively suspended, upon analysis by and decision of ANP, of the date of notice of the decision to the Concessionaire. In order for the lapse of the contract term to be suspended or extended, the regulatory term for decision of the licensing authority in the environmental permitting procedure due should have been exceeded. The Concessionaire shall evidence that it did not contribute to exclusive fault the dilation of the environmental permitting process and that the delay is exclusively attributable to the applicable public entities. After the merit of ANP’s claim for suspension of the agreement is granted, the course of the agreement term shall be deemed suspended until definitive manifestation of the environmental agency. After the merit of ANP’s claim for suspension of the agreement is granted, the redefinition of the term due to delay of the environmental authority shall be counted as of the confirmation of delay caused by the environmental authority up to the date of suspension of the agreement. In case the Agreement is preventively suspended pursuant to paragraph 31.4.1.1, denial of ANP’s claim for suspension of the agreement shall entail redefinition of the term elapsed of the date of notice of preliminary suspension up to the date communication of the denial or up to termination of the effectiveness of the Agreement, whichever comes first. If ANP deems it unreasonable, the suspension of the lapse of the contract term shall be interrupted at any time. After ANP’s claim for extension of the agreement is granted, redefinition of the term due to delay caused by the environmental authority shall be counted of the confirmation of the delay caused by the environmental authority up to the date of the claim for extension. The final opinion of the environmental authority shall be immediately communicated to ANP by the Concessionaire. As long as requested by the Concessionaire, the suspension of the lapse of the contract term for more than five (5) years may entail contract termination, and the Concessionaire shall have no right to any type of indemnification. The Concessionaire shall be responsible for evidencing that, in the period between suspension of the lapse of the contract term and request for termination of the Agreement, it has not contributed to the delay of the environmental permitting process. As long as requested by the Concessionaire, the final denial by the competent environmental authority of the permit essential to the development of the activities may entail contract termination, and the Concessionaire shall not be entitled to any type of indemnification. The Concessionaire shall be responsible for evidencing that it did not contribute to the denial of the environmental permitting process for such denial to be considered an act of God, force majeure, and similar cause.