Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 (city), of 201…. To: Xx. xx xxx Xxxxx Xxx Xx 000, Xxx Xxxxx Xxxx - Xxxx.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 kV Xxxxx Xxxxx – Aguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to four million and five thousand US Dollars (USD4 500 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for;
Appears in 1 contract
Samples: Concession Contract
Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 (city), of 201…. To: XxAv. xx xxx Xxxxx Xxx Xx 000de las Artes Sur Nº 260, Xxx Xxxxx Xxxx San Borja Lima - Xxxx.- Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 kV Xxxxx Xxxxx Tingo María – Aguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to four million and five thousand US Dollars (USD4 500 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for;; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 kV Tingo María – Aguaytía Link, and Associated Substations, Lines and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution (city), of 201…. To Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 kV Tingo María – Aguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 kV Tingo María – Aguaytía Link, and Associated Substations, Lines and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution According to Annex Nº 1, the Project shall have a principal telecommunications system (optical fiber - OPGW). The following is agreed in this regard:
1. The optical fiber cable to be installed shall comply with Project specifications, as set forth in Annex Nº 1, including having at least twenty-four (24) threads.
2. The State acquires the ownership of eighteen (18) dark fibers of the optical fiber cable installed by the Concessionaire, in accordance with Supreme Decree Nº 034-2010-MTC and Ministerial Resolution Nº 468-2011-MTC/03, and that will be used by the National Backbone Network of Optical Fiber, according to Law Nº 29904 and its Regulation approved by Supreme Decree Nº 014-2013- MTC, which gives it exclusive right to dispose of said fiber without limitations.
3. The Concessionaire shall use the remaining optical fiber threads for its own communication needs.
4. Transfer of the eighteen (18) optical fiber threads owned by the State shall be carried out in accordance with the procedure determined by the Ministry of Transport and Communications, which shall be responsible for delivering them under concession. The Ministry of Transport and Communications is the State entity the Concessionaire shall directly deal with regarding all aspects related to the telecommunications activity.
5. The Concessionaire shall install the optical fiber cable of the principal telecommunications system, observing at least the following technical considerations:
a. The optical fiber cable shall be new and must be guaranteed against any manufacturing defect. The conditions of the environment where the optical fiber cable shall be installed and operate shall be also taken into account so that cable characteristics are adequate.
b. The optical fiber cable manufacturer shall have ISO 9001-2008 and TL900 (Quality Management System) certification.
c. The type of optical fiber to be implemented shall be single-mode, and its geometric, optical, mechanical and transmission characteristics shall comply at least with ITU-T G.652.D or G.655 of the International Telecommunication Union (hereinafter ITU).
d. The optical fiber shall have a Polarization Mode Dispersion (PMDQ) less than or equal to zero integer with one tenth (0.1).
e. The attenuation of the entire installed fiber shall be less than or equal to zero integer with thirty- five cents (0.35) dB per km at 1310 nm and at zero integer with twenty-five cents (0.25) dB per km at 1,550 nm.
f. The type of optical fiber cable used shall have a life of at least twenty (20) years. To do this, the recommendations provided by the manufacturer shall be considered, so as to ensure cable useful life.
g. For installation, splicing and testing of optical fibers, maintenance of optical fiber cable and identification of threads, the ITU-T recommendations of the International Telecommunication Union as well as the ANSI EIA standards / TIA and IEC shall be observed, as applicable.
6. Fiber cable maintenance shall be carried out by the Concessionaire, in accordance with the guidelines indicated in ITU-T Recommendation L.25: "Maintenance of optical fiber cable networks", in order to keep it in good condition, until the fibers owned by the State are effectively used for the provision of telecommunications services. From that moment, maintenance of the optical fiber cable shall be shared with the telecommunications concessionaires designated by the State. These concessionaires shall bear the investment costs to adapt and operate the necessary State-owned fibers, as appropriate.
7. The Concessionaire shall provide facilities for accommodating the necessary optical equipment to light the state-owned optical fiber, including the sharing of spaces. It shall also allow access to fiber cables owned by the State and for installation of accessories and/or devices that allow for the supply of public telecommunications services, both for starting up telecommunications services and for operation and maintenance thereof. In that sense, the Concessionaire shall leave an optical fiber distributor (OFD) in the telecommunications room that will be built in each substation, ready for access to the 18 State- owned wires. In addition, it must at least supply electric power with 220 Vac and not less than three
Appears in 1 contract
Samples: Concession Contract
Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 (city), of 201…. To: XxAv. xx xxx Xxxxx Xxx Xx 000de las Artes Sur Nº 260, Xxx Xxxxx Xxxx San Borja Lima - Xxxx.- Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 kV Xxxxx Xxxxx xX Xxxxxxx – Aguaytía LinkNueva Tumbes, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to four seven million and five two hundred thousand US Dollars (USD4 500 USD 7 200 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for;; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution (city), of 201…. To Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution
Appears in 1 contract
Samples: Concession Contract
Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 (city), of 201…. To: XxAv. xx xxx Xxxxx Xxx Xx 000de las Artes Sur Nº 260, Xxx Xxxxx Xxxx San Borja Lima - Xxxx.- Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 kV Xxxxx Xxxxx xX Xxxxxxx – Aguaytía LinkNueva Tumbes, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to four seven million and five two hundred thousand US Dollars (USD4 500 USD 7 200 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for;; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT (city), of 201…. To Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution
Appears in 1 contract
Samples: Concession Contract
