Common use of Contracts with Third Parties Clause in Contracts

Contracts with Third Parties. 6.1 All contracts, conventions or agreements entered by the Concessionaire with its partners, third parties and personnel, except accession contracts with contracting clauses approved administratively and the contracts to be subscribed with the Allowed Creditors, must include clauses that contemplate the following: a) Automatic resolution on question of law for Concession termination. b) Limit its validity period so that it does not exceed the Concession term in any case. c) The waiver to file civil liability actions against the Grantor and its officials. d) A clause allowing the Grantor, at its sole option, to assume the Concessionaire’s contractual position in said contract, through an irrevocably authorized contractual position transfer and done in advance by the corresponding legal person, in case of Concession resolution or suspension for any reason, allowing the continuation and hence, the exploitation, of such contracts in the same terms. The Concessionaire shall submit to the Grantor and to OSINERGMIN, within ten (10) calendar days after its conclusion and / or amendment, as appropriate, a copy of the contracts deemed indispensable for Project execution and Service provision. Likewise, it must send a detailed and complete list of all the signed contracts linked to Project execution and Service provision, which will be sent within the first fifteen (15) calendar days of the respective year. In no case shall the Concessionaire be exempted from liability to the Grantor, for actions or omissions arising from execution of contracts signed with third parties, which may have an impact on the Concession. 6.2 In its labor relations, the Concessionaire must conform to the labor laws and regulations in force in the State of the Republic of Peru. The Concessionaire’s national or foreign personnel employment contracts, the execution of said contracts and the resolution thereof, are subject to the norms that regulate private activity workers’ labor relations. Likewise, the special work regimes will apply if such cases arise. The Concessionaire must strictly comply with the Applicable Laws and Provisions in labor matters regarding the employer’s formal obligations (payroll books, payment slips, among others), payment and withholding of pension amounts, as well as contractual and legal obligations regarding occupational safety and health. The Concessionaire must comply in particular with the provisions of Law 29783, Occupational Safety and Health Act, its regulations and its amending, complementary and related norms or standards that replace it. The Concessionaire must have its own or subcontracted team of personnel, to guarantee adequate Service provision during the time agreed for operation, in any emergency situation. In the event of the Concession resolution, the Concessionaire is solely responsible for the payment of all labor benefits, remuneration and other legal benefits, conventional or unilateral, owed to its workers until the Concession resolution date. If the Concessionaire is legally ordered to pay any labor claim in favor of one or more Concessionaire employees, which may have been generated during the validity of the Concession, the Grantor may recourse against the Concessionaire. The Concessionaire shall freely determine the amount of personnel required to comply with the Agreement herein.

Contracts with Third Parties. 6.1 All contracts, conventions or agreements entered by the Concessionaire with its partners, partners and third parties with direct relations of personnel operation and personnelmaintenance and services provisions, except accession contracts with contracting clauses approved administratively and the contracts to be subscribed with the Allowed Creditors, must include clauses that contemplate the following: a) Automatic resolution on question of law for Concession termination. b) Limit its validity period so that it does not exceed the Concession term in any case. cb) The waiver to file civil liability actions against the Grantor and its officials. dc) A clause allowing the Grantor, at its sole option, to assume the Concessionaire’s contractual position in said contract, through an irrevocably authorized contractual position transfer and done in advance by the corresponding legal person, in case of Concession resolution or suspension for any reason, allowing the continuation and hence, the exploitation, of such contracts in the same terms. The Concessionaire shall submit to the Grantor and to OSINERGMIN, within ten (10) calendar days after its conclusion and / or amendment, as appropriate, a copy of the contracts deemed indispensable for Project execution and Service provision. Likewise, it must send a detailed and complete list of all the signed contracts linked to Project execution and Service provision, which will be sent within the first fifteen (15) calendar days of the respective year. In no case shall the Concessionaire be exempted from liability to the Grantor, for actions or omissions arising from execution of contracts signed with third parties, which may have an impact on the Concession. 6.2 In its labor relations, the Concessionaire must conform to the labor laws and regulations in force in the State of the Republic of Peru. The Concessionaire’s national or foreign personnel employment contracts, the execution of said contracts and the resolution thereof, are subject to the norms that regulate private activity workers’ labor relations. Likewise, the special work regimes will apply if such cases arise. The Concessionaire must strictly comply with the Applicable Laws and Provisions in labor matters regarding the employer’s formal obligations (payroll books, payment slips, among others), payment and withholding of pension amounts, as well as contractual and legal obligations regarding occupational safety and health. The Concessionaire must comply in particular with the provisions of Law 29783, Occupational Safety and Health Act, its regulations and its amending, complementary and related norms or standards that replace it. The Concessionaire must have its own or subcontracted team of personnel, to guarantee adequate Service provision during the time agreed for operation, in any emergency situationemergency. In the event of the Concession resolution, the Concessionaire is solely responsible for the payment of all labor benefits, remuneration and other legal benefits, conventional or unilateral, owed to its workers until the Concession resolution date. If the Concessionaire is legally ordered to pay any labor claim in favor of one or more Concessionaire employees, which may have been generated during the validity of the Concession, the Grantor may recourse against the Concessionaire. The Concessionaire shall freely determine the amount of personnel required to comply with the Agreement herein.

Contracts with Third Parties. 6.1 All contractsIn all Contracts, conventions agreements or agreements entered by covenants that the Concessionaire enters with its partners, third parties and personnel, except accession contracts those Contracts by adhesion with contracting clauses approved of Contracting administratively and the contracts to be subscribed with the Allowed Creditorsapproved, must should include clauses that contemplate consider the following: a) Automatic resolution on question of pure law for Concession terminationthe termination of the Concession. b) Limit its validity period so that it does not effectiveness term for in any case may exceed the Concession term in any caseterm. c) The waiver to file bring civil liability actions against the Grantor and its officialsthe officers of it. d) A clause allowing Clause that allows the Grantor, at its sole option, to assume the Concessionaire’s contractual Contractual position of the Concessionaire in said contractContract, through an assignment of Contractual position irrevocably authorized contractual position transfer and done in advance by the corresponding legal person, in case of Concession resolution producing the expiration or suspension of the Concession for any reasoncause, allowing enabling the continuation and hence, the exploitation, of such contracts said Contracts in the same terms, and therefore, the operation. The Concessionaire shall submit send to the Grantor and to OSINERGMIN, within ten (10) calendar days after its conclusion and / or amendmentholding and/or modification, as appropriate, a copy of the contracts deemed indispensable Contracts that it considers essential for Project the execution of the project and Service provisionfor the provision of the service. Likewise, it must he shall send a detailed and complete list of all the signed contracts linked Contracts subscribed related to Project the execution of the project and Service provisionthe provision of the service, which will shall be sent within the first fifteen (15) calendar days of the respective year. In no any case shall the Concessionaire be is exempted from liability to the responsibility before the Grantor, for actions acts or omissions arising resulting from the execution of contracts signed the Contracts subscribed with third parties, which parties that may have an impact on the Concession. 6.2 In its labor relationshis relations with the personnel, the Concessionaire must conform shall adjust to the labor laws and regulations in force in the State of the Republic of Peru. The Concessionaire’s labor Contracts of the national personnel or foreign personnel employment contractsof the Concessionaire, the execution of said contracts Contracts and the resolution thereofof them, are subject to the norms regulations that regulate the labor relations of the workers of the private activity workers’ labor relationsactivity. Likewise, shall apply the special work labor regimes will apply if such in the cases that arise. The Concessionaire must shall strictly comply with the Applicable Laws and Provisions in related to labor matters regarding issues referred to the employer’s formal obligations of the employer (payroll books, payment slipsvouchers, among others), the payment and withholding retention of the pension amounts, as well as contractual and the Contractual and legal obligations regarding referred to security and occupational safety and health. The Particularly, the Concessionaire must comply in particular with shall observe the provisions of Law No. 29783, Occupational Safety Law of Security and Health Actat Work, its regulations regulation and its amendingamendments, complementary rules and related norms or standards regulations that replace itthem. The Concessionaire must shall have its a personnel team, own or subcontracted team sub-contracted, that before any emergency situation guarantees the adequate provision of personnel, to guarantee adequate Service provision the services during the time schedule agreed for the operation, in any emergency situation. In the event case of termination of the Concession resolutionConcession, the Concessionaire is solely exclusive responsible for of the payment of all the labor benefits, remuneration remunerations and other legal benefits, conventional or unilateral, owed to its workers until the date when the termination of the Concession resolution dateoccurred. If In the Concessionaire case that it is legally judicially ordered to the Grantor to pay any labor claim debt in favor of one or more Concessionaire employeesworkers of the Concessionaire, which may would have been generated during the validity effectiveness of the Concession, the Grantor may recourse repeat against the Concessionaire. The Concessionaire shall freely determine the amount number of personnel required it requires to comply with the Agreement hereinthis Contract.

Contracts with Third Parties. 6.1 All contracts, conventions or agreements entered by the Concessionaire with its partners, partners and third parties with direct relations of personnel operation and personnelmaintenance and services provisions, except accession contracts with contracting clauses approved administratively and the contracts to be subscribed with the Allowed Creditors, must include clauses that contemplate the following: a) Automatic resolution on question of law for Concession termination. b) Limit its validity period so that it does not exceed the Concession term in any case. cb) The waiver to file civil liability actions against the Grantor and its officials. dc) A clause allowing the Grantor, at its sole option, to assume the Concessionaire’s contractual position in said contract, through an irrevocably authorized contractual position transfer and done in advance by the corresponding legal person, in case of Concession resolution or suspension for any reason, allowing the continuation and hence, the exploitation, of such contracts in the same terms. The Concessionaire shall submit to the Grantor and to OSINERGMIN, within ten (10) calendar days after its conclusion and / or amendment, as appropriate, a copy of the contracts deemed indispensable for Project execution and Service provision. Likewise, it must send a detailed and complete list of all the signed contracts linked to Project execution and Service provision, which will be sent within the first fifteen (15) calendar days of the respective year. In no case shall the Concessionaire be exempted from liability to the Grantor, for actions or omissions arising from execution of contracts signed with third parties, which may have an impact on the Concession. 6.2 In its labor relations, the Concessionaire must conform to the labor laws and regulations in force in the State of the Republic of Peru. The Concessionaire’s national or foreign personnel employment contracts, the execution of said contracts and the resolution thereof, are subject to the norms that regulate private activity workers’ labor relations. Likewise, the special work regimes will apply if such cases arise. The Concessionaire must strictly comply with the Applicable Laws and Provisions in labor matters regarding the employer’s formal obligations (payroll books, payment slips, among others), payment and withholding of pension amounts, as well as contractual and legal obligations regarding occupational safety and health. The Concessionaire must comply in particular with the provisions of Law 29783, Occupational Safety and Health Act, its regulations and its amending, complementary and related norms or standards that replace it. The Concessionaire must have its own or subcontracted team of personnel, to guarantee adequate Service provision during the time agreed for operation, in any emergency situation. In the event of the Concession resolution, the Concessionaire is solely responsible for the payment of all labor benefits, remuneration and other legal benefits, conventional or unilateral, owed to its workers until the Concession resolution date. If the Concessionaire is legally ordered to pay any labor claim in favor of one or more Concessionaire employees, which may have been generated during the validity of the Concession, the Grantor may recourse against the Concessionaire. The Concessionaire shall freely determine the amount of personnel required to comply with the Agreement herein.