Common use of Contracts with Third Parties Clause in Contracts

Contracts with Third Parties. 6.1 All contracts or agreements that the CONCESSIONAIRE enters into with its partners and with third parties in direction relation to the construction, operation, and maintenance works and the provision of the Service, with the exception of (i) contracts by adhesion with administratively approved contracting clauses; and (ii) the contracts to be entered into with the Permitted Creditors, shall include clauses establishing the following: a) The GRANTOR is not responsible for the credits or rights derived from contracts between the CONCESSIONAIRE and third parties. b) Limitations on the duration thereof, so that it does not exceed the validity or term of the Contract, under any circumstances. c) The waiver by the third party of the right to file suits for civil liability against the GRANTOR and its officers, representatives, and any type of personnel tied thereto. d) Clause permitting the GRANTOR, at its exclusive decision, to assume the position of the CONCESSIONAIRE in said contracts, through the assignment of contractual position authorized irrevocably in advance by the corresponding legal entity, in case of the termination of the contract for any reason, making it possible to continue with such contracts under the same terms, or the renegotiation thereof, if applicable, and thus, the performance of the Project or the provision of the Service. In those contracts and agreements that the CONCESSIONAIRE enters into with third parties and with the Permitted Creditors, it shall be established that the GRANTOR is not liable for the credits or rights derived from contracts entered into by and between the CONCESSIONAIRE and third parties. Said contracts are not enforceable on the State. As such, none of the contracts or agreements of the CONCESSIONAIRE shall, in any way, limit its compliance with its obligations assumed herein, and any cost or excess cost shall be the full responsibility of the CONCESSIONAIRE. The CONCESSIONAIRE shall send the GRANTOR, with a copy to the OSINERGMIN, within ten (10) calendar days after entering into and/or amending them, as applicable, a copy of the contracts it deems indispensable for the performance of the Project and the provision of the Service (construction, operation, and maintenance contracts or the like). Likewise, it shall submit a detailed and complete list of all contracts entered into and currently in force regarding the performance of the Project and the provision of the Service, to be submitted within the first fifteen (15) calendar days of each year. Where applicable, the CONCESSIONAIRE shall provide copies of those contracts that are additionally requested by the GRANTOR within ten (10) calendar days after the corresponding request is made. Under no circumstance shall the CONCESSIONAIRE be exempted from liability before the GRANTOR for acts or omissions arising from the performance of contracts entered into with third parties that may influence or affect the Concession. The GRANTOR shall maintain confidentiality regarding the information sent by virtue of this clause, except where the Applicable Laws and Provisions require it to be publicly known. 6.2 In its labor relations, the CONCESSIONAIRE shall comply with the Applicable Laws and Provisions. The CONCESSIONAIRE shall have a team of personnel, whether its own or subcontracted, that guarantees the adequate provision of the Service during the agreed schedule of Operation, in case of any emergency. In case of the termination of the Contract, the CONCESSIONAIRE is exclusively responsible for the payment of all labor benefits, remunerations, and other legal, conventional, or unilateral benefits owed to its workers as of the date on which the termination of the Contract occurred. In the event that the GRANTOR is ordered by the courts to pay any workers’ compensation debts to one or more of the CONCESSIONAIRE’s workers that arose during the term of the Contract, the GRANTOR shall have the right to file a claim for recovery against the CONCESSIONAIRE. The CONCESSIONAIRE shall freely determine the number of personnel it requires for the performance of the Contract.

Contracts with Third Parties. 6.1 All contracts or agreements that the CONCESSIONAIRE enters into with its partners and with third parties in direction relation to the construction, operation, and maintenance works and the provision of the Service, with the exception of (i) contracts by adhesion with administratively approved contracting clauses; and (ii) the contracts to be entered into with the Permitted Creditors, shall include clauses establishing the following: a) The GRANTOR is not responsible for the credits or rights derived from contracts between the CONCESSIONAIRE and third parties. b) Limitations on the duration thereof, so that it does not exceed the validity or term of the Contract, under any circumstances. c) The waiver by the third party of the right to file suits for civil liability against the GRANTOR and its officers, representatives, and any type of personnel tied thereto. d) Clause Xxxxxx permitting the GRANTOR, at its exclusive decision, to assume the position of the CONCESSIONAIRE in said contracts, through the assignment of contractual position authorized irrevocably in advance by the corresponding legal entity, in case of the termination of the contract for any reason, making it possible to continue with such contracts under the same terms, or the renegotiation thereof, if applicable, and thus, the performance of the Project or the provision of the Service. In those contracts and agreements that the CONCESSIONAIRE enters into with third parties and with the Permitted Creditors, it shall be established that the GRANTOR is not liable for the credits or rights derived from contracts entered into by and between the CONCESSIONAIRE and third parties. Said contracts are not enforceable on the State. As such, none of the contracts or agreements of the CONCESSIONAIRE shall, in any way, limit its compliance with its obligations assumed herein, and any cost or excess cost shall be the full responsibility of the CONCESSIONAIRE. The CONCESSIONAIRE shall send the GRANTOR, with a copy to the OSINERGMIN, within ten (10) calendar days after entering into and/or amending them, as applicable, a copy of the contracts it deems indispensable for the performance of the Project and the provision of the Service (construction, operation, and maintenance contracts or the like). Likewise, it shall submit a detailed and complete list of all contracts entered into and currently in force regarding the performance of the Project and the provision of the Service, to be submitted within the first fifteen (15) calendar days of each year. Where applicable, the CONCESSIONAIRE shall provide copies of those contracts that are additionally requested by the GRANTOR within ten (10) calendar days after the corresponding request is made. Under no circumstance shall the CONCESSIONAIRE be exempted from liability before the GRANTOR for acts or omissions arising from the performance of contracts entered into with third parties that may influence or affect the Concession. The GRANTOR shall maintain confidentiality regarding the information sent by virtue of this clause, except where the Applicable Laws and Provisions require it to be publicly known. 6.2 In its labor relations, the CONCESSIONAIRE shall comply with the Applicable Laws and Provisions. The CONCESSIONAIRE shall have a team of personnel, whether its own or subcontracted, that guarantees the adequate provision of the Service during the agreed schedule of Operation, in case of any emergency. In case of the termination of the Contract, the CONCESSIONAIRE is exclusively responsible for the payment of all labor benefits, remunerations, and other legal, conventional, or unilateral benefits owed to its workers as of the date on which the termination of the Contract occurred. In the event that the GRANTOR is ordered by the courts to pay any workers’ compensation debts to one or more of the CONCESSIONAIRE’s workers that arose during the term of the Contract, the GRANTOR shall have the right to file a claim for recovery against the CONCESSIONAIRE. The CONCESSIONAIRE shall freely determine the number of personnel it requires for the performance of the Contract.