Common use of ECONOMIC-FINANCIAL BALANCE Clause in Contracts

ECONOMIC-FINANCIAL BALANCE. 15.1 The Parties acknowledge that the Agreement -at the Closing Date- is in a situation of economic and financial balance in terms of rights, responsibilities and risks assigned to the Parties. 15.2 This clause stipulates a mechanism for restoring economic and financial balance, to which the Concessionaire and the Grantor shall be entitled, in the event that the Concession is affected, exclusively and explicitly due to changes in the Applicable Laws and Provisions, to the extent exclusively related to economic-financial aspects connected to the variation of revenues, investment costs or operating and maintenance costs associated Service supply. 15.3 Any Party that considers that the economic and financial balance of the Agreement has been affected may invoke its reinstatement by proposing the solutions and procedures to be followed for its reinstatement -in writing and with sufficient substantiation- to the other Party . 15.4 In this regard, the Parties shall ratify or refuse to invoke the breach of the economic and financial balance by one of the Parties, as well as determine the compensation amount to restore such balance. 15.5 The economic-financial balance will be restored if, as a result of what is stated in Section 15.2, and in comparison with what would have happened in the same period if the changes referred to in that section had not occurred: a) The investment costs incurred by the Concessionaire from Closing Date to Commercial Commissioning vary in an amount equal to ten percent (10%) or more of the Investment Cost specified in Section 8.1 b). After the eventual adjustments indicated in said clause, the totality of the variation should be considered for restoring economic-financial balance; or, b) The revenues or Service operation and maintenance costs are affected in such a way that the difference between Concessionaire revenues less operation and maintenance costs for operating the Service, during a period of twelve (12) consecutive months or more, varies in the equivalent of ten percent (10%) or more of the current Tariff Base. 15.6 If the economic and financial balance of this Agreement is affected, as defined in the preceding paragraph, the Concessionaire or the Grantor may propose to the other Party -in writing and with the necessary substantiation-, the solutions and procedures to be followed to restore the affected economic balance. Restoration of economic-financial balance shall consider the present value of the effects on future Concessionaire cash flows. A copy of the application will be sent to OSINERGMIN, to issue a technical-economic opinion in relation to what is requested, which must be evaluated by the Grantor, without a binding character. This opinion shall be submitted to the Parties within twenty (20) Days. 15.7 The affected Party may invoke a breakdown of the economic-financial balance at the following times: a) Within the six (6) first months counted as from Commercial Commissioning, in connection to provisions in Clause 15.5.a. b) After expiration of twelve (12) months counted from the s tart of Commercial Commissioning, in connection to provisions in Clause 15.5.b. 15.8 Restoration of economic balance shall be based on the Concessionaire's audited financial statements (or on the information used in the preparation thereof) pertaining to the period in which changes are verifies regarding revenues, investment costs or operation and maintenance. If the Concessionaire has several concessions, it must provide the necessary additional information to substantiate the division of revenues or costs, as appropriate, among its various concessions. Notwithstanding the foregoing, the Grantor may request more information to substantiate the variations noted. In addition, the Parties may agree to use documentation other than audited financial statements for the purposes described in this clause, provided that it has the necessary grounds. 15.9 If the Parties do not agree on the outcome within ten (10) Days of notification to the Parties, any Party may consider that a non-technical dispute has occurred and shall be resolved in accordance with the dispute mechanisms regulated in this Agreement. 15.10 The provisions in this clause shall not be considered applicable to changes resulting from provisions issued by the Competent Government Authority, which establish infractions or penalties, or the application of penalties that were considered in the Agreement or that were - as a result of any actions- attributable facts or result of the Concessionaire's performance. 15.11 Existence of an imbalance may only lead to amending the provisions contained in this Agreement for the purpose of restoring the balance, and will not give rise to payments by the State.

ECONOMIC-FINANCIAL BALANCE. 15.1 15.1. The Parties acknowledge recognize that the Agreement -at the Closing Date- is in a situation of economic and economic-financial balance of the Contract, in terms of accordance with the rights, responsibilities responsibilities, and risks assigned to the Parties, is that in force on the Closing Date. 15.2 15.2. This clause stipulates Clause establishes a mechanism for restoring economic and reestablishing the economic-financial balance, to which both the Concessionaire and the Grantor shall be entitled, entitled in the event that the Concession is affected, affected exclusively and explicitly due to changes in the Applicable Laws and Provisions, to the extent provided it is exclusively related to economic-financial aspects connected tied to the variation of a change in: i) capital expenditures; ii) revenues, investment costs ; or iii) operating and maintenance costs associated Service supplyrelated to the provision of the Service. 15.3 Any Party that considers 15.3. Either of the Parties who believes that the economic and economic-financial balance of the Agreement Contract has been affected may invoke its reinstatement by proposing request the restoration thereof, sending a written proposal to the other Party with sufficient support for the solutions and procedures to be followed for its reinstatement -in writing and with sufficient substantiation- to the other Party restoration. 15.4 15.4. In this regardsuch case, the Parties shall ratify be responsible for ratifying or refuse to invoke rejecting the breach notice of the economic and economic-financial balance imbalance by one of the Parties, as well as determine determining the compensation amount necessary to restore such said balance. 15.5 15.5. The economic-financial balance will shall be restored if, as a result consequence of what is stated the provisions set forth in Section Clause 15.2, and in comparison with to what would have happened in during the same period if the changes referred to in that section said point had not occurred: a) The investment costs incurred There is a variation in the capital expenditures made by the Concessionaire from between the Closing Date to and the Startup of Commercial Commissioning vary in an amount equal Operation equivalent to ten percent (10%) or more of the Investment Cost specified Capital Expenditure established in Section 8.1 Clause 8.1, Item b). After , in which case the eventual adjustments indicated entirety of such variation shall be included in said clause, the totality restoration of the variation should be considered for restoring economic-financial balance; or, b) The revenues or Service operation operating and maintenance costs of the Service are affected in such a way that the difference between Concessionaire the revenues less the operation and maintenance costs for operating of the Concessionaire in the performance of the Service, during a period of twelve (12) consecutive months or more, varies in the equivalent of by ten percent (10%) or more of the current Tariff BaseBase Rate in force. 15.6 15.6. If the economic and economic-financial balance of this Agreement Contract is affected, as defined in the preceding paragraphClause, the Concessionaire or the Grantor may propose in writing to the other Party -in writing and Party, with the necessary substantiation-supporting information, the solutions and procedures to be followed to restore reestablish the affected economic balance. 15.7. Restoration The restoration of the economic-financial balance shall consider be considered the present value of the effects on the Concessionaire’s future Concessionaire cash flows. A copy of this request shall be forwarded to the application will be sent to OSINERGMIN, to so that it may issue a technicalnon-binding technical economic opinion in relation on the request to what is requested, which must be evaluated by the Grantor, without a binding character. This opinion shall be submitted sent to the Parties within twenty (20) Days. 15.7 15.8. The affected Party may invoke a breakdown of the claim an economic-financial balance imbalance at the following times: a) Within the six (6) first months months, counted as from the Startup of Commercial CommissioningOperation, in connection relation to the provisions established in Clause 15.5.a15.5, Item a). b) After expiration of twelve (12) months counted have passed from the s tart Startup of Commercial CommissioningOperation and during the Contract term, in connection relation to the provisions established in Clause 15.5.b15.5, Item b). 15.8 Restoration 15.9. The restoration of economic the economic-financial balance shall be based on the Concessionaire's ’s audited financial statements Financial Statements (or on the information used in the preparation thereofto prepare them) pertaining to for the period in which changes the abovementioned variations are verifies regarding detected in the revenues, investment costs capital expenditures, or operation operating and maintenancemaintenance costs. If the Concessionaire has several multiple concessions, it must provide shall submit the necessary additional information necessary to substantiate prove the division separation of revenues or and costs, as appropriateapplicable, among its various the different concessions. Notwithstanding Without prejudice to the foregoing, the Grantor may request more information to substantiate in support of the variations notedclaimed. In additionAdditionally, the Parties may agree to use documentation other than the audited financial statements Financial Statements for the purposes effects described in this clauseClause, provided that it has the necessary groundscomes with due supporting information. 15.9 15.10. If the Parties do not agree on are unable to reach an agreement regarding the outcome result issued within the term of ten (10) Days of notification after it has been notified to the Parties, any Party either of them may consider that deem a nonNon-technical dispute has occurred and Technical Dispute to have arisen, which shall be resolved settled in accordance with the dispute settlement mechanisms regulated in this AgreementContract. 15.10 15.11. The provisions in contents of this clause Clause shall not be considered applicable apply to changes resulting from that occur as a consequence of the provisions issued by the Competent Government Authority, which establish infractions Governmental Authority establishing violations or penaltiessanctions, or the application of penalties that were considered included in the Agreement Contract or that were - as a result are the consequence of any actions- acts and events attributable facts to or result resulting from the performance of the Concessionaire's performance. 15.11 Existence 15.12. The existence of an imbalance may only lead to amending the amendment of the provisions contained in this Agreement Contract for the purpose purposes of restoring the balance, balance and will shall not give rise to payments by the State.

ECONOMIC-FINANCIAL BALANCE. 15.1 The Parties acknowledge parties recognize that the Agreement -at Contract, on the Closing Date- closing date, is in a situation of economic and financial balance in terms of rights, responsibilities and risks assigned to the Partiesparties. 15.2 This clause stipulates provides a mechanism for restoring of restoration of economic and financial balance, to which are entitled the Concessionaire and the Grantor shall be entitledGrantor, in the event that case the Concession is affected, exclusively exclusive and explicitly due to changes in the Applicable Laws applicable laws and Provisionsprovisions, to the extent exclusively related to economic-that it has exclusive relation with economic and financial aspects connected related to the variation of revenuesincome, investment costs or operating operation costs and maintenance costs associated Service supplyrelated to the provision of the service. 15.3 Any Party of the parties that considers that the economic and financial balance of the Agreement has been affected Contract is affected, may invoke its reinstatement by restoration, proposing in writing to the other party and with enough support the solutions and procedures to be followed follow for its reinstatement -in writing and with sufficient substantiation- to the other Party restoration. 15.4 In this regardOn the matter, the Parties parties shall ratify or refuse to invoke reject invoking the breach rupture of the economic and financial balance by one of the Partiesparties, as well as and determine the amount of compensation amount to restore such that allows the restoring of said balance. 15.5 The economic-economic and financial balance will be restored if, as a result consequence of what is stated indications made in Section 15.2, and in comparison with comparing what would have has happened in the same period if the changes would not have occurred referred to in that section had not occurredsaid section: a) The Vary the investment costs incurred made by the Concessionaire from Closing Date to since the closing date until the Commercial Operation Commissioning vary in an amount equal equivalent to ten percent (10%) or more of the Investment Cost specified in Section 8.1 b). After the eventual adjustments investment cost indicated in said clauseLiteral b) of Clause 8.1, should consider for the restoration of the economic and financial balance, the totality of the variation should be considered for restoring economic-financial balance; variation, or, b) The revenues Income or Service operation and maintenance costs are affected in such a way that of the service so as the difference between Concessionaire revenues the income less the operation and maintenance costs for operating of the ServiceConcessionaire in the operation of the service, during a period of twelve (12) consecutive months or more, varies vary in the equivalent of to ten percent (10%) or more of from the current Tariff BaseBase in force. 15.6 If the economic and financial balance of this Agreement Contract is affected, as defined in the preceding paragraphprevious section, the Concessionaire or the Grantor Grantor, may propose in writing to the other Party -in writing party and with the necessary substantiation-support, the solutions and procedures to be followed follow to restore the affected economic and financial balance. Restoration The restoration of economic-the economic and financial balance shall consider the present value of the effects on in future Concessionaire cash flowsflows of the Concessionaire. A copy of the application request will be sent to the OSINERGMIN, to issue a technical-an economic and technical opinion in with relation to what is requestedthe request, which must should be evaluated by the Grantor, without a binding character. This opinion shall should be submitted sent to the Parties parties within the term of twenty (20) Daysdays. 15.7 The affected Party party may invoke a breakdown breach of the economic-economic and financial balance at in the following times: a) Within the six (6) first months counted as from since the Commercial Operation Commissioning, in connection to for the provisions in of Clause 15.5.a. b) After expiration of twelve (12) months counted from since the s tart of Commercial Operation Commissioning, in connection to for provisions in of Clause 15.5.b. 15.8 Restoration The restoration of the economic balance shall be made based on the Concessionaire's audited financial statements (or on the information used in the preparation thereof) pertaining to of the Concessionaire from the period in which changes are verifies regarding revenueswhen the variations of income, investment costs or operation and maintenancemaintenance costs are verified. If the Concessionaire has several concessionsConcessions, it must provide he shall deliver the additional necessary additional information to substantiate that supports the division of revenues income or costs, as appropriate, among its various concessionsseveral Concessions. Notwithstanding Without prejudice of the foregoingaforementioned, the Grantor may request more greater information to substantiate that supports the variations notedindicated variations. In additionAdditionally, the Parties parties may agree to use different documentation other than to the audited financial statements for the purposes effects described in this clause, provided that it has the necessary groundsdue support. 15.9 If the Parties parties do not agree on the outcome result issued within ten (10) Days days of the notification to the Partiesparties, any Party of them may consider that a nonNon-technical dispute has occurred Technical Controversy was produced and shall be resolved in accordance with settled according to the dispute mechanisms of controversies regulated in this AgreementContract. 15.10 The provisions It shall not be applicable the indications made in this clause shall not be considered applicable to for those changes resulting from produced as consequence of the provisions issued by the Competent Government Governmental Authority, which establish that fix infractions or penaltiessanctions, or the application of penalties that were considered are provided in the Agreement Contract or that were - are as a result consequence of any actions- acts, facts attributable facts or the result of the performance of the Concessionaire's performance. 15.11 Existence of an imbalance may only lead to amending the provisions contained in this Agreement for the purpose of restoring the balance, and will not give rise to payments by the State.

ECONOMIC-FINANCIAL BALANCE. 15.1 15.1. The Parties acknowledge recognize that the Agreement -at the Closing Date- is in a situation of economic and economic-financial balance of the Contract, in terms of accordance with the rights, responsibilities responsibilities, and risks assigned to the Parties, is that in force on the Closing Date. 15.2 15.2. This clause stipulates Clause establishes a mechanism for restoring economic and reestablishing the economic-financial balance, to which both the Concessionaire and the Grantor shall be entitled, entitled in the event that the Concession is affected, affected exclusively and explicitly due to changes in the Applicable Laws and Provisions, to the extent provided it is exclusively related to economic-financial aspects connected tied to the variation of a change in: i) capital expenditures; ii) revenues, investment costs ; or iii) operating and maintenance costs associated Service supplyrelated to the provision of the Service. 15.3 Any Party that considers 15.3. Either of the Parties who believes that the economic and economic-financial balance of the Agreement Contract has been affected may invoke its reinstatement by proposing request the restoration thereof, sending a written proposal to the other Party with sufficient support for the solutions and procedures to be followed for its reinstatement -in writing and with sufficient substantiation- to the other Party restoration. 15.4 15.4. In this regardsuch case, the Parties shall ratify be responsible for ratifying or refuse to invoke rejecting the breach notice of the economic and economic-financial balance imbalance by one of the Parties, as well as determine determining the compensation amount necessary to restore such said balance. 15.5 15.5. The economic-financial balance will shall be restored if, as a result consequence of what is stated the provisions set forth in Section Clause 15.2, and in comparison with to what would have happened in during the same period if the changes referred to in that section said point had not occurred: a) The investment costs incurred There is a variation in the capital expenditures made by the Concessionaire from between the Closing Date to and the Startup of Commercial Commissioning vary in an amount equal Operation equivalent to ten percent (10%) or more of the Investment Cost specified Capital Expenditure established in Section 8.1 Clause 8.1, Item b). After , in which case the eventual adjustments indicated entirety of such variation shall be included in said clause, the totality restoration of the variation should be considered for restoring economic-financial balance; or, b) The revenues or Service operation operating and maintenance costs of the Service are affected in such a way that the difference between Concessionaire the revenues less the operation and maintenance costs for operating of the Concessionaire in the performance of the Service, during a period of twelve (12) consecutive months or more, varies in the equivalent of by ten percent (10%) or more of the current Tariff BaseBase Rate in force. 15.6 15.6. If the economic and economic-financial balance of this Agreement Contract is affected, as defined in the preceding paragraphClause, the Concessionaire or the Grantor may propose in writing to the other Party -in writing and Party, with the necessary substantiation-supporting information, the solutions and procedures to be followed to restore reestablish the affected economic balance. 15.7. Restoration The restoration of the economic-financial balance shall consider be considered the present value of the effects on the Concessionaire’s future Concessionaire cash flows. A copy of this request shall be forwarded to the application will be sent to OSINERGMIN, to so that it may issue a technicalnon-binding technical economic opinion in relation on the request to what is requested, which must be evaluated by the Grantor, without a binding character. This opinion shall be submitted sent to the Parties within twenty (20) Days. 15.7 15.8. The affected Party may invoke a breakdown of the claim an economic-financial balance imbalance at the following times: a) Within the six (6) first months months, counted as from the Startup of Commercial CommissioningOperation, in connection relation to the provisions established in Clause 15.5.a15.5, Item a). b) After expiration of twelve (12) months counted have passed from the s tart Startup of Commercial CommissioningOperation and during the Contract term, in connection relation to the provisions established in Clause 15.5.b15.5, Item b). 15.8 Restoration 15.9. The restoration of economic the economic-financial balance shall be based on the Concessionaire's ’s audited financial statements Financial Statements (or on the information used in the preparation thereofto prepare them) pertaining to for the period in which changes the abovementioned variations are verifies regarding detected in the revenues, investment costs capital expenditures, or operation operating and maintenancemaintenance costs. If the Concessionaire has several multiple concessions, it must provide shall submit the necessary additional information necessary to substantiate prove the division separation of revenues or and costs, as appropriateapplicable, among its various the different concessions. Notwithstanding Without prejudice to the foregoing, the Grantor may request more information to substantiate in support of the variations notedclaimed. In additionAdditionally, the Parties may agree to use documentation other than the audited financial statements Financial Statements for the purposes effects described in this clauseClause, provided that it has the necessary groundscomes with due supporting information. 15.9 15.10. If the Parties do not agree on are unable to reach an agreement regarding the outcome result issued within the term of ten (10) Days of notification after it has been notified to the Parties, any Party either of them may consider that deem a nonNon-technical dispute has occurred and Technical Dispute to have arisen, which shall be resolved settled in accordance with the dispute settlement mechanisms regulated in this AgreementContract. 15.10 15.11. The provisions in contents of this clause Clause shall not be considered applicable apply to changes resulting from that occur as a consequence of the provisions issued by the Competent Government Authority, which establish infractions Governmental Authority establishing violations or penaltiessanctions, or the application of penalties that were considered included in the Agreement Contract or that were - as a result are the consequence of any actions- acts and events attributable facts to or result resulting from the performance of the Concessionaire's performance. 15.11 Existence 15.12. The existence of an imbalance may only lead to amending the amendment of the provisions contained in this Agreement Contract for the purpose purposes of restoring the balance, and will shall not give rise to payments by the State.

ECONOMIC-FINANCIAL BALANCE. 15.1 ‌ 15.1. The Parties acknowledge recognize that the Agreement -at the Closing Date- is in a situation of economic and economic-financial balance of the Contract, in terms of accordance with the rights, responsibilities responsibilities, and risks assigned to the Parties, is that in force on the Closing Date. 15.2 15.2. This clause stipulates Clause establishes a mechanism for restoring economic and reestablishing the economic-financial balance, to which both the Concessionaire and the Grantor shall be entitled, entitled in the event that the Concession is affected, affected exclusively and explicitly due to changes in the Applicable Laws and Provisions, to the extent provided it is exclusively related to economic-financial aspects connected tied to the variation of a change in: i) capital expenditures; ii) revenues, investment costs ; or iii) operating and maintenance costs associated Service supplyrelated to the provision of the Service. 15.3 Any Party that considers 15.3. Either of the Parties who believes that the economic and economic-financial balance of the Agreement Contract has been affected may invoke its reinstatement by proposing request the restoration thereof, sending a written proposal to the other Party with sufficient support for the solutions and procedures to be followed for its reinstatement -in writing and with sufficient substantiation- to the other Party restoration. 15.4 15.4. In this regardsuch case, the Parties shall ratify be responsible for ratifying or refuse to invoke rejecting the breach notice of the economic and economic-financial balance imbalance by one of the Parties, as well as determine determining the compensation amount necessary to restore such said balance. 15.5 15.5. The economic-financial balance will shall be restored if, as a result consequence of what is stated the provisions set forth in Section Clause 15.2, and in comparison with to what would have happened in during the same period if the changes referred to in that section said point had not occurred: a) The investment costs incurred There is a variation in the capital expenditures made by the Concessionaire from between the Closing Date to and the Startup of Commercial Commissioning vary in an amount equal Operation equivalent to ten percent (10%) or more of the Investment Cost specified Capital Expenditure established in Section 8.1 Clause 8.1, Item b). After , in which case the eventual adjustments indicated entirety of such variation shall be included in said clause, the totality restoration of the variation should be considered for restoring economic-financial balance; or, b) The revenues or Service operation operating and maintenance costs of the Service are affected in such a way that the difference between Concessionaire the revenues less the operation and maintenance costs for operating of the Concessionaire in the performance of the Service, during a period of twelve (12) consecutive months or more, varies in the equivalent of by ten percent (10%) or more of the current Tariff BaseBase Rate in force. 15.6 15.6. If the economic and economic-financial balance of this Agreement Contract is affected, as defined in the preceding paragraphClause, the Concessionaire or the Grantor may propose in writing to the other Party -in writing and Party, with the necessary substantiation-supporting information, the solutions and procedures to be followed to restore reestablish the affected economic balance. 15.7. Restoration The restoration of the economic-financial balance shall consider be considered the present value of the effects on the Concessionaire’s future Concessionaire cash flows. A copy of this request shall be forwarded to the application will be sent to OSINERGMIN, to so that it may issue a technicalnon-binding technical economic opinion in relation on the request to what is requested, which must be evaluated by the Grantor, without a binding character. This opinion shall be submitted sent to the Parties within twenty (20) Days. 15.7 15.8. The affected Party may invoke a breakdown of the claim an economic-financial balance imbalance at the following times: a) Within the six (6) first months months, counted as from the Startup of Commercial CommissioningOperation, in connection relation to the provisions established in Clause 15.5.a15.5, Item a). b) After expiration of twelve (12) months counted have passed from the s tart Startup of Commercial CommissioningOperation and during the Contract term, in connection relation to the provisions established in Clause 15.5.b15.5, Item b). 15.8 Restoration 15.9. The restoration of economic the economic-financial balance shall be based on the Concessionaire's ’s audited financial statements Financial Statements (or on the information used in the preparation thereofto prepare them) pertaining to for the period in which changes the abovementioned variations are verifies regarding detected in the revenues, investment costs capital expenditures, or operation operating and maintenancemaintenance costs. If the Concessionaire has several multiple concessions, it must provide shall submit the necessary additional information necessary to substantiate prove the division separation of revenues or and costs, as appropriateapplicable, among its various the different concessions. Notwithstanding Without prejudice to the foregoing, the Grantor may request more information to substantiate in support of the variations notedclaimed. In additionAdditionally, the Parties may agree to use documentation other than the audited financial statements Financial Statements for the purposes effects described in this clauseClause, provided that it has the necessary groundscomes with due supporting information. 15.9 15.10. If the Parties do not agree on are unable to reach an agreement regarding the outcome result issued within the term of ten (10) Days of notification after it has been notified to the Parties, any Party either of them may consider that deem a nonNon-technical dispute has occurred and Technical Dispute to have arisen, which shall be resolved settled in accordance with the dispute settlement mechanisms regulated in this AgreementContract. 15.10 15.11. The provisions in contents of this clause Clause shall not be considered applicable apply to changes resulting from that occur as a consequence of the provisions issued by the Competent Government Authority, which establish infractions Governmental Authority establishing violations or penaltiessanctions, or the application of penalties that were considered included in the Agreement Contract or that were - as a result are the consequence of any actions- acts and events attributable facts to or result resulting from the performance of the Concessionaire's performance. 15.11 Existence 15.12. The existence of an imbalance may only lead to amending the amendment of the provisions contained in this Agreement Contract for the purpose purposes of restoring the balance, and will shall not give rise to payments by the State.

ECONOMIC-FINANCIAL BALANCE. 15.1 10.1. The Parties hereby acknowledge that as of the Agreement -at Date of Closure, the Closing Date- Contract is in a situation state of economic and economic-financial balance in terms of rights, responsibilities and risks assigned assigned. to the Parties. 15.2 10.2. This clause stipulates Clause provides a mechanism for restoring economic and to restore the economic-financial balance, balance to which both the Concessionaire and the Grantor shall be entitledhave right, in the event that the economic balance of the Concession is affected, exclusively and explicitly significantly affected due to changes in the Applicable Laws and ProvisionsLaws, to the extent provided that such changes are exclusively related to economic-economic or financial aspects connected related to the variation of revenues, investment income and/or costs or operating and maintenance costs associated Service supplyrelated to the provision of the services. 15.3 Any Party that considers that the economic and financial 10.3. The balance of the Agreement has been affected may invoke its reinstatement by proposing the solutions and procedures to be followed for its reinstatement -in writing and with sufficient substantiation- to the other Party . 15.4 In this regard, the Parties shall ratify or refuse to invoke the breach of the economic and financial balance by one of the Parties, as well as determine the compensation amount to restore such balance. 15.5 The economic-financial balance will be restored if, as a result of what is stated in Section 15.2, and in comparison with what would have happened in the same period if the changes referred to in that section had not occurred: a) The investment costs incurred by the Concessionaire from Closing Date to Commercial Commissioning vary in an amount equal to ten percent (10%) or more of the Investment Cost specified in Section 8.1 b). After the eventual adjustments indicated in said clausedescribed above, the totality of the variation should be considered for restoring economic-financial balance; or, b) The revenues income or Service operation and maintenance costs of the service are affected in such a way that the difference between Concessionaire revenues less income and the operation and maintenance costs for operating incurred by the ServiceConcessionaire during the operation of the service, during a period of twelve (12) consecutive months months, increases or more, varies in the equivalent of decreases by ten percent (10%) or more of from the current Tariff Basedifference between income and costs for the same twelve (12) months that would have been obtained if the changes described above had not occurred. 15.6 10.4. If the economic and economic-financial balance of this Agreement Contract is affected, as defined described in the preceding paragraphClause above, the Concessionaire or the Grantor may propose to the other Party -in party, in writing and with the necessary substantiation-due justification, the solutions and procedures to be followed applied to restore the affected economic balance. 10.5. Restoration The proposal mentioned in the Clause above shall be provided within four (04) months after the end of economicthe twelve (12) months established in Clause 10.3. No proposal can be proposed before the end of the second year from the Commercial Commissioning. 10.6. The restore of the economic balance shall be performed on the basis of the audited Statement of Income of the Concessionaire for the financial year in which the variations in income or costs mentioned above occurred. Without prejudice to the foregoing, the Grantor shall be entitled to request the information that supports these variations. The Grantor shall determine the extent of the imbalance depending on the difference between: a) The income before taxes for the financial year, and b) The re-calculation of the income before taxes for the same financial year, made by applying the income or cost values that were valid before the variation derived from changes described in this Clause. If the imbalance occurs in multiple periods during which the economic and financial balance is not restored, the accumulated difference in income shall consider be calculated by following the present value same procedure. 10.7. The existence of imbalance can only give place to the amendment of provisions in this Contract in order to restore the balance, but not to the suspension or termination of the effects on future Concessionaire cash flowsContract. 10.8. A copy The provisions of this Clause shall not be applicable for the changes derived from mandates issued by OSINERGMIN establishing infringements or sanctions due to actions, facts attributable to or resulting from the performance of the application will be sent to OSINERGMIN, to issue a technical-economic opinion Concessionaire or the Concessionaire's counterparties in relation to what is requested, which must be evaluated by the Grantor, without a binding characterAssociated Contracts. 10.9. This opinion shall be submitted to In case of disagreement between the Parties within twenty (20) Days. 15.7 The affected Party may invoke a breakdown of about whether the economic-financial balance at has been broken or not, the following times: a) Within value of the six (6) first months counted as from Commercial Commissioning, in connection difference or the way to provisions in Clause 15.5.a. b) After expiration of twelve (12) months counted from restore the s tart of Commercial Commissioning, in connection to provisions in Clause 15.5.b. 15.8 Restoration of economic balance shall be based on the Concessionaire's audited financial statements (or on the information used in the preparation thereof) pertaining determined according to the period in which changes are verifies regarding revenues, investment costs or operation and maintenance. If the Concessionaire has several concessions, it must provide the necessary additional information to substantiate the division of revenues or costs, as appropriate, among its various concessions. Notwithstanding the foregoing, the Grantor may request more information to substantiate the variations noted. In addition, the Parties may agree to use documentation other than audited financial statements for the purposes procedure described in this clause, provided that it has the necessary groundsClause 9 for Non-Technical Disputes. 15.9 If the Parties do not agree on the outcome within ten (10) Days of notification to the Parties, any Party may consider that a non-technical dispute has occurred and shall be resolved in accordance with the dispute mechanisms regulated in this Agreement. 15.10 The provisions in this clause shall not be considered applicable to changes resulting from provisions issued by the Competent Government Authority, which establish infractions or penalties, or the application of penalties that were considered in the Agreement or that were - as a result of any actions- attributable facts or result of the Concessionaire's performance. 15.11 Existence of an imbalance may only lead to amending the provisions contained in this Agreement for the purpose of restoring the balance, and will not give rise to payments by the State.