Common use of FORCE MAJEURE EVENTS OR ACTS OF GOD Clause in Contracts

FORCE MAJEURE EVENTS OR ACTS OF GOD. 10.1 The construction stage, which runs from the Closing Date to the Commercial Start-Up, shall be subject to the provisions established in Clauses 10.2 to 10.8. Starting with the Project’s integration into the SEIN declared by the COES up to the expiration of the Contract term, the research, assignment of responsibilities, determination and payment of compensations, review or challenge, request for force majeure or acts of God for issues involving the interruption of the supply, as well as any other matters related to the NTCSE, as supplemented, shall follow the provisions established in said standards, as supplemented or amended, and the Applicable Laws and Provisions. 10.2 None of the Parties shall be held responsible for the failure to perform an obligation, or for the partial, late, or defective performance thereof, if such failure is due to a force majeure event or act of God. 10.3 For the purposes of Clause 10.2, force majeure events or acts of God shall be considered to mean any event, condition, or circumstance not attributable to the Parties, interchangeably, of an extraordinary, unforeseeable, and unavoidable nature, that may prevent any of them from complying with the obligations under their responsibility, or cause the partial, late, or defective performance thereof. The event shall be out of the reasonable control of the Party invoking the grounds, which, despite all reasonable efforts to prevent or mitigate its effects, is unable to avoid the occurrence of the situation of default. Force majeure events or acts of God include, but are not limited to the following, provided the foregoing definition is met: a) Any act of external, internal, or civil war (whether declared or not), siege state, invasion, armed conflict, embargo, revolution, mutiny, insurrection, civil disturbance, or acts of terrorism, that prevent the CONCESSIONAIRE from fulfilling its obligations during the Contract term. b) Any strike or stoppage by workers who do not have a labor or business relationship with the CONCESSIONAIRE or its suppliers that prevents the CONCESSIONAIRE from fulfilling its obligations during the Contract term. c) Any protest, act of violence or force carried out by communal, social, union, or political organizations that directly affect the CONCESSIONAIRE due to causes not of its own intention, which are not attributable to it and that exceed its reasonable control. d) The discovery of archaeological and/or paleontological remains that prevent the CONCESSIONAIRE from completing the works within the Contract term, or that results in the order to halt the works, issued by the Competent Governmental Authority. e) Any earthquake, flood, drought, fire, explosion, or any other meteorological or hydrological phenomenon, provided it directly affects all or part of the Concession Assets and/or the Works or its elements, and which in turn prevents the CONCESSIONAIRE from fulfilling its obligations during the Contract term. f) Any epidemic, contamination, plague, or similar event that prevents or limits the CONCESSIONAIRE from fulfilling its obligations during the Contract term. g) The destruction of the Works, in whole or in part, or damages to the Concession Assets, provided that such situation prevents the CONCESSIONAIRE from performing the obligations under its responsibility. h) The confiscation or requisition of the Concession Assets and the impossibility of their recovery, caused by the order of any public authority, for reasons not attributable to the CONCESSIONAIRE, that seriously affect the performance of the Contract and prevent the CONCESSIONAIRE from complying with the obligations under its responsibility. 10.4 For those cases affecting the timely performance of any of the milestones established in Annex 6, it shall be possible to prove a force majeure event or act of God only when the critical path of the Project’s construction is affected. 10.5 The Party affected by a force majeure event or act of God shall inform the other Party, within seventy-two (72) hours after the occurrence thereof or after finding out about it, of the following: a) The circumstances comprising said force majeure event or act of God; and b) The estimated duration of the total or partial restriction of its activities and the estimated degree of impact. Additionally, it shall keep the other Party apprised of the development of such events. In the case that the affected Party fails to submit a request by the established deadline, it shall be understood that said event does not constitute an impediment to the full or partial performance of the obligations under its responsibility, unless it is able to justify, by that same deadline, that it requires more time to provide the content indicated hereinabove. 10.6 For reasons of force majeure or acts of God, if the circumstances warrant, the Parties may request the suspension of obligation concerned or of the deadlines established in Annex 6. For the force majeure event to be set up, the qualification of the other party will be required. The affected party shall have a maximum term of fifteen (15) Days, counted as from the end of the force majeure event or act of God, to submit its request for qualification of force majeure or act of God and for suspension to the other Party. Notwithstanding the foregoing, if the force majeure event or act of God has not culminated, ninety (90) calendar days after its commencement, the term of the preceding paragraph shall commence on the day following the ninety (90) day period indicated above. The affected party shall attach, as part of its request, the corresponding technical and legal reports, which shall provide support for the following, at a minimum: a) The occurrence of the event, indicating the start date and the estimated duration of the total or partial suspension of the obligations, including the estimated date for the recommencement of the works. b) The obligation or condition affected. c) The degree of the impact expected to be caused to the affected obligation or condition. d) The mitigative measures adopted. e) Proposed regimen for insurance, contractual guarantees, and other obligations whose performance is not directly affected by the event. f) Other actions originating from these occurrences. In the event that the provisions of the third paragraph are met, the affected Party shall submit a request for additional information so that the other Party may consider time periods in excess of ninety (90) days. For this purpose, the affected Party shall have a maximum of ten (10) days after the end of the force majeure or act of God to submit the additional information supporting such additional period. This information must be consistent with the reports indicated in the previous paragraph. In either case, the Party receiving the request must respond to it within thirty (30) days of its submission. The Party receiving the request may ask the affected party to Party to provide clarification or absolve any objections, granting a reasonable term to respond to it. In the latter case, the thirty (30) Day period for the Party receiving the request to resolve the request shall be extended, on a one-time basis, for up to an additional thirty (30) Days. Failure of the Party receiving the request to make a determination within the original or extended time period shall be treated as an acceptance of its request for force majeure qualification and suspension to the other Party. Until such time as the Party that is asked to issue a decision on the force majeure event or Act of God responds the term indicated in this Clause will not generate the qualification of force majeure or act of God and, therefore, the obligations shall not be understood to be suspended for any purpose nor shall the grounds for termination set forth in Clause 13.6. It shall not be necessary to execute an addendum in order to implement the suspension of the obligation accepted by the counterparty. In the event that the Party that reported the force majeure event or act of God, in accordance with Clause 10.5, does not request the suspension in accordance with this Clause, then said Party represents and warrants that the event notified does not constitute an impediment to the full or partial performance of the obligations under its responsibility. 10.7 The declaration of force majeure or an act of God shall not give rise to any right to indemnity between the Parties. 10.8 In the case that one of the las Parties disagrees with the classification of the event as a force majeure event or act of God, or the consequences thereof, it may avail itself of the dispute settlement procedure established in Clause 14. 10.9 The CONCESSIONAIRE is obligated to minimize the scheduled stoppages for maintenance and similar events, in accordance with the Applicable Laws and Provisions, or in the absence thereof, in accordance with best industry practices. 10.10 The force majeure event or act of God shall not release the Parties from the performance of those obligations that are not affected by said events. The CONCESSIONAIRE shall ensure the recommencement of the corresponding activity or provision in the shortest time possible following the occurrence of said events. Likewise, if the GRANTOR requests the declaration of the force majeure event or act of God, it shall make its best effort to overcome said situation. 10.11 The CONCESSIONAIRE may not invoke the approval or effects of the Applicable Laws and Provisions as a force majeure event or act of God in relation to the performance of its obligations.

FORCE MAJEURE EVENTS OR ACTS OF GOD. 10.1 The construction stage, which runs from the Closing Date to the Commercial Start-Up, shall be subject to the provisions established in Clauses 10.2 to 10.8. Starting with the Project’s integration into the SEIN declared by the COES up to the expiration of the Contract term, the research, assignment of responsibilities, determination and payment of compensations, review or challenge, request for force majeure or acts of God for issues involving the interruption of the supply, as well as any other matters related to the NTCSE, as supplemented, shall follow the provisions established in said standards, as supplemented or amended, and the Applicable Laws and Provisions. 10.2 None of the Parties shall be held responsible for the failure to perform an obligation, or for the partial, late, or defective performance thereof, if such failure is due to a force majeure event or act of God. 10.3 For the purposes of Clause 10.2, force majeure events or acts of God shall be considered to mean any event, condition, or circumstance not attributable to the Parties, interchangeably, of an extraordinary, unforeseeable, and unavoidable nature, that may prevent any of them from complying with the obligations under their responsibility, or cause the partial, late, or defective performance thereof. The event shall be out of the reasonable control of the Party invoking the grounds, which, despite all reasonable efforts to prevent or mitigate its effects, is unable to avoid the occurrence of the situation of default. Force majeure events or acts of God include, but are not limited to the following, provided the foregoing definition is met: a) Any act of external, internal, or civil war (whether declared or not), siege state, invasion, armed conflict, embargo, revolution, mutiny, insurrection, civil disturbance, or acts of terrorism, that prevent the CONCESSIONAIRE from fulfilling its obligations completing the performance of the works or normally providing the Service during the Contract term. b) Any strike or stoppage by workers who do not have a labor or business relationship with the CONCESSIONAIRE or its suppliers that prevents the CONCESSIONAIRE from fulfilling its obligations completing the performance of the works or normally providing the service during the Contract term. c) Any protest, act of violence or force carried out by communal, social, union, or political organizations that directly affect the CONCESSIONAIRE due to causes not of its own intention, which are not attributable to it and that exceed its reasonable control. d) The discovery of archaeological and/or paleontological remains that prevent the CONCESSIONAIRE from completing the works within the Contract term, or that results in the order to halt the works, issued by the Competent Governmental Authority. e) Any earthquake, flood, drought, fire, explosion, or any other meteorological or hydrological phenomenon, provided it directly affects all or part of the Concession Assets and/or the Works or its elements, and which in turn prevents the CONCESSIONAIRE from fulfilling its obligations completing the performance of the works or normally providing the Service during the Contract term. f) Any epidemic, contamination, plague, or similar event that prevents or limits the CONCESSIONAIRE from fulfilling its obligations completing, by the contractually established deadlines, the performance of the works or normally providing the Service during the Contract term. g) The destruction of the Works, in whole or in part, or damages to the Concession Assets, provided that such situation prevents the CONCESSIONAIRE from performing the obligations under its responsibility. h) The confiscation or requisition of the Concession Assets and the impossibility of their recovery, caused by the order of any public authority, for reasons not attributable to the CONCESSIONAIRE, that seriously affect the performance of the Contract and prevent the CONCESSIONAIRE from complying with the obligations under its responsibility. 10.4 For those cases affecting the timely performance of any of the milestones established in Annex 67, it shall be possible to prove a force majeure event or act of God only when the critical path of the Project’s construction is affected. 10.5 The Party affected by a force majeure event or act of God shall inform the other Party, within seventy-two (72) hours after the occurrence thereof or after finding out about it, of the following: a) The circumstances comprising said force majeure event or act of God; and b) The estimated duration of the total or partial restriction of its activities and the estimated degree of impact. Additionally, it shall keep the other Party apprised of the development of such events. In the case that the affected Party fails to submit a request by the established deadline, it shall be understood that said event does not constitute an impediment to the full or partial performance of the obligations under its responsibility, unless it is able to justify, by that same deadline, that it requires more time to provide the content indicated hereinabove. 10.6 For reasons of force majeure or acts of God, if the circumstances warrant, the Parties may request the suspension of obligation concerned or of the deadlines established in Annex 6. For the force majeure event to be set up, the qualification of the other party will be required7. The affected party shall have a maximum term of fifteen ten (1510) Days, counted as from the end of the force majeure event or act of God, to submit its request for qualification of force majeure or act of God and for suspension to the other Party. Notwithstanding party, attaching the foregoing, if the force majeure event or act of God has not culminated, ninety (90) calendar days after its commencement, the term of the preceding paragraph shall commence on the day following the ninety (90) day period indicated above. The affected party shall attach, as part of its request, the corresponding technical and legal reports, which shall provide support for the following, at a minimum: a) The occurrence of the event, indicating the start date and the estimated duration of the total or partial suspension of the obligations, including the estimated date for the recommencement of the works. b) The obligation or condition affected. c) The degree of the impact expected to be caused to the affected obligation or condition. d) The mitigative measures adopted. e) Proposed regimen for insurance, contractual guarantees, and other obligations whose performance is not directly affected by the event. f) Other actions originating from these occurrences. In the event that the provisions of the third paragraph are met, the affected Party shall submit a request for additional information so that the other Party may consider time periods in excess of ninety (90) days. For this purpose, the affected Party shall have a maximum of ten (10) days after the end of the force majeure or act of God to submit the additional information supporting such additional period. This information must be consistent with the reports indicated in the previous paragraph. In either case, the Party receiving the request must respond to it within thirty (30) days of its submission. The Party receiving the request may ask the affected party to Party to provide clarification or absolve any objections, granting a reasonable term to respond to it. In the latter case, the thirty (30) Day period for the Party receiving the request to resolve the request shall be extended, on a one-time basis, for up to an additional thirty (30) Days. Failure of the Party receiving the request to make a determination within the original or extended time period shall be treated as an acceptance of its request for force majeure qualification and suspension to the other Partysuch purpose. Until such time as the Party that is asked to issue a decision on the force majeure event or Act of God responds to the term indicated in this Clause will not generate the qualification of force majeure or act of God and, thereforesuspension request, the obligations obligation shall not be understood to be suspended for any purpose nor shall the grounds for termination set forth in Clause 13.6purpose. It shall not be necessary to execute an addendum in order to implement the suspension of the obligation accepted by the counterparty. Before the end of the term indicated in the second paragraph of this clause, the requesting Party may also request an extension to the deadline for the justification of its suspension request, and the other party shall grant it, indicating a reasonable deadline. If no extension of the term is requested, the right to request a suspension shall definitively expire at the deadline set forth in the aforementioned second paragraph. In the event that the Party that reported the force majeure event or act of God, in accordance with Clause 10.5, does not request the suspension in accordance with this Clause, then said Party represents and warrants that the event notified does not constitute an impediment to the full or partial performance of the obligations under its responsibility. 10.7 The declaration of force majeure or an act of God shall not give rise to any right to indemnity between the Parties. 10.8 In the case that one of the las Parties disagrees with the classification of the event as a force majeure event or act of God, or the consequences thereof, it may avail itself of the dispute settlement procedure established in Clause 14, in accordance with the national arbitration rules. 10.9 The CONCESSIONAIRE is obligated to minimize the scheduled stoppages for maintenance and similar events, in accordance with the Applicable Laws and Provisions, or in the absence thereof, in accordance with best industry practices. 10.10 The force majeure event or act of God shall not release the Parties from the performance of those obligations that are not affected by said events. The CONCESSIONAIRE shall ensure the recommencement of the corresponding activity or provision in the shortest time possible following the occurrence of said events. Likewise, if the GRANTOR requests the declaration of the force majeure event or act of God, it shall make its best effort to overcome said situation. 10.11 The CONCESSIONAIRE may not invoke the approval or effects of the Applicable Laws and Provisions as a force majeure event or act of God in relation to the performance of its obligations.

FORCE MAJEURE EVENTS OR ACTS OF GOD. 10.1 The construction stage, which runs from the Closing Date to the Commercial Start-Up, shall be subject to the provisions established in Clauses 10.2 to 10.8. Starting with the Project’s integration into the SEIN declared by the COES up to the expiration of the Contract term, the research, assignment of responsibilities, determination and payment of compensations, review or challenge, request for force majeure or acts of God for issues involving the interruption of the supply, as well as any other matters related to the NTCSE, as supplemented, shall follow the provisions established in said standards, as supplemented or amended, and the Applicable Laws and Provisions. 10.2 None of the Parties shall be held responsible for the failure to perform an obligation, or for the partial, late, or defective performance thereof, if such failure is due to a force majeure event or act of God. 10.3 For the purposes of Clause 10.2, force majeure events or acts of God shall be considered to mean any event, condition, or circumstance not attributable to the Parties, interchangeably, of an extraordinary, unforeseeable, and unavoidable nature, that may prevent any of them from complying with the obligations under their responsibility, or cause the partial, late, or defective performance thereof. The event shall be out of the reasonable control of the Party invoking the grounds, which, despite all reasonable efforts to prevent or mitigate its effects, is unable to avoid the occurrence of the situation of default. Force majeure events or acts of God include, but are not limited to the following, provided the foregoing definition is met: a) Any act of external, internal, or civil war (whether declared or not), siege state, invasion, armed conflict, embargo, revolution, mutiny, insurrection, civil disturbance, or acts of terrorism, that prevent the CONCESSIONAIRE from fulfilling its obligations during the Contract term. b) Any strike or stoppage by workers who do not have a labor or business relationship with the CONCESSIONAIRE or its suppliers that prevents the CONCESSIONAIRE from fulfilling its obligations during the Contract term. c) Any protest, act of violence or force carried out by communal, social, union, or political organizations that directly affect the CONCESSIONAIRE due to causes not of its own intention, which are not attributable to it and that exceed its reasonable control. d) The discovery of archaeological and/or paleontological remains that prevent the CONCESSIONAIRE from completing the works within the Contract term, or that results in the order to halt the works, issued by the Competent Governmental Authority. e) Any earthquake, flood, drought, fire, explosion, or any other meteorological or hydrological phenomenon, provided it directly affects all or part of the Concession Assets and/or the Works or its elements, and which in turn prevents the CONCESSIONAIRE from fulfilling its obligations during the Contract term. f) Any epidemic, contamination, plague, or similar event that prevents or limits the CONCESSIONAIRE from fulfilling its obligations during the Contract term. g) The destruction of the Works, in whole or in part, or damages to the Concession Assets, provided that such situation prevents the CONCESSIONAIRE from performing the obligations under its responsibility. h) The confiscation or requisition of the Concession Assets and the impossibility of their recovery, caused by the order of any public authority, for reasons not attributable to the CONCESSIONAIRE, that seriously affect the performance of the Contract and prevent the CONCESSIONAIRE from complying with the obligations under its responsibility. 10.4 For those cases affecting the timely performance of any of the milestones established in Annex 67, it shall be possible to prove a force majeure event or act of God only when the critical path of the Project’s construction is affected. 10.5 The Party affected by a force majeure event or act of God shall inform the other Party, within seventy-two (72) hours after the occurrence thereof or after finding out about it, of the following: a) The circumstances comprising said force majeure event or act of God; and b) The estimated duration of the total or partial restriction of its activities and the estimated degree of impact. Additionally, it shall keep the other Party apprised of the development of such events. In the case that the affected Party fails to submit a request by the established deadline, it shall be understood that said event does not constitute an impediment to the full or partial performance of the obligations under its responsibility, unless it is able to justify, by that same deadline, that it requires more time to provide the content indicated hereinabove. 10.6 For reasons of force majeure or acts of God, if the circumstances warrant, the Parties may request the suspension of obligation concerned or of the deadlines established in Annex 67. For the force majeure event to be set up, the qualification of the other party will be required. The affected party shall have a maximum term of fifteen (15) Days, counted as from the end of the force majeure event or act of God, to submit its request for qualification of force majeure or act of God and for suspension to the other Party. Notwithstanding the foregoing, if the force majeure event or act of God has not culminated, ninety (90) calendar days after its commencement, the term of the preceding paragraph shall commence on the day following the ninety (90) day period indicated above. The affected party shall attach, as part of its request, the corresponding technical and legal reports, which shall provide support for the following, at a minimum: a) The occurrence of the event, indicating the start date and the estimated duration of the total or partial suspension of the obligations, including the estimated date for the recommencement of the works. b) The obligation or condition affected. c) The degree of the impact expected to be caused to the affected obligation or condition., including the impact on the critical route d) The mitigative measures adopted. e) Proposed regimen for insurance, contractual guarantees, and other obligations whose performance is not directly affected by the event. f) Other actions originating from these occurrences. In the event that the provisions of the third paragraph are met, the affected Party shall submit a request for additional information so that the other Party may consider time periods in excess of ninety (90) days. For this purpose, the affected Party shall have a maximum of ten (10) days after the end of the force majeure or act of God to submit the additional information supporting such additional period. This information must be consistent with the reports indicated in the previous paragraph. In either case, the Party receiving the request must respond to it within thirty (30) days of its submission. The Party receiving the request may ask the affected party to Party to provide clarification or absolve any objections, granting a reasonable term to respond to it. In the latter case, the thirty (30) Day period for the Party receiving the request to resolve the request shall be extended, on a one-time basis, for up to an additional thirty (30) Days. Failure of the Party receiving the request to make a determination within the original or extended time period shall be treated as an acceptance of its request for force majeure qualification and suspension to the other Party. Until such time as the Party that is asked to issue a decision on the force majeure event or Act of God responds the term indicated in this Clause will not generate the qualification of force majeure or act of God and, therefore, the obligations shall not be understood to be suspended for any purpose nor shall the grounds for termination set forth in Clause 13.6. It shall not be necessary to execute an addendum in order to implement the suspension of the obligation accepted by the counterparty. In the event that the Party that reported the force majeure event or act of God, in accordance with Clause 10.5, does not request the suspension in accordance with this Clause, then said Party represents and warrants that the event notified does not constitute an impediment to the full or partial performance of the obligations under its responsibility. 10.7 The declaration of force majeure or an act of God shall not give rise to any right to indemnity between the Parties. 10.8 In the case that one of the las Parties disagrees with the classification of the event as a force majeure event or act of God, or the consequences thereof, it may avail itself of the dispute settlement procedure established in Clause 14. 10.9 The CONCESSIONAIRE is obligated to minimize the scheduled stoppages for maintenance and similar events, in accordance with the Applicable Laws and Provisions, or in the absence thereof, in accordance with best industry practices. 10.10 The force majeure event or act of God shall not release the Parties from the performance of those obligations that are not affected by said events. The CONCESSIONAIRE shall ensure the recommencement of the corresponding activity or provision in the shortest time possible following the occurrence of said events. Likewise, if the GRANTOR requests the declaration of the force majeure event or act of God, it shall make its best effort to overcome said situation. 10.11 The CONCESSIONAIRE may not invoke the approval or effects of the Applicable Laws and Provisions as a force majeure event or act of God in relation to the performance of its obligations.

FORCE MAJEURE EVENTS OR ACTS OF GOD. 10.1 The construction stage, which runs from the Closing Date to the Commercial Start-Up, shall be subject to the provisions established in Clauses 10.2 to 10.8. Starting with the Project’s integration into the SEIN declared by the COES up to the expiration of the Contract term, the research, assignment of responsibilities, determination and payment of compensations, review or challenge, request for force majeure or acts of God for issues involving the interruption of the supply, as well as any other matters related to the NTCSE, as supplemented, shall follow the provisions established in said standards, as supplemented or amended, and the Applicable Laws and Provisions. 10.2 None of the Parties shall be held responsible for the failure to perform an obligation, or for the partial, late, or defective performance thereof, if such failure is due to a force majeure event or act of God. 10.3 For the purposes of Clause 10.2, force majeure events or acts of God shall be considered to mean any event, condition, or circumstance not attributable to the Parties, interchangeably, of an extraordinary, unforeseeable, and unavoidable nature, that may prevent any of them from complying with the obligations under their responsibility, or cause the partial, late, or defective performance thereof. The event shall be out of the reasonable control of the Party invoking the grounds, which, despite all reasonable efforts to prevent or mitigate its effects, is unable to avoid the occurrence of the situation of default. Force majeure events or acts of God include, but are not limited to the following, provided the foregoing definition is met: a) Any act of external, internal, or civil war (whether declared or not), siege state, invasion, armed conflict, embargo, revolution, mutiny, insurrection, civil disturbance, or acts of terrorism, that prevent the CONCESSIONAIRE from fulfilling its obligations completing the performance of the works or normally providing the Service during the Contract term. b) Any strike or stoppage by workers who do not have a labor or business relationship with the CONCESSIONAIRE or its suppliers that prevents the CONCESSIONAIRE from fulfilling its obligations completing the performance of the works or normally providing the service during the Contract term. c) Any protest, act of violence or force carried out by communal, social, union, or political organizations that directly affect the CONCESSIONAIRE due to causes not of its own intention, which are not attributable to it and that exceed its reasonable control. d) The discovery of archaeological and/or paleontological remains that prevent the CONCESSIONAIRE from completing the works within the Contract term, or that results in the order to halt the works, issued by the Competent Governmental Authority. e) Any earthquake, flood, drought, fire, explosion, or any other meteorological or hydrological phenomenon, provided it directly affects all or part of the Concession Assets and/or the Works or its elements, and which in turn prevents the CONCESSIONAIRE from fulfilling its obligations completing the performance of the works or normally providing the Service during the Contract term. f) Any epidemic, contamination, plague, or similar event that prevents or limits the CONCESSIONAIRE from fulfilling its obligations completing, by the contractually established deadlines, the performance of the works or normally providing the Service during the Contract term. g) The destruction of the Works, in whole or in part, or damages to the Concession Assets, provided that such situation prevents the CONCESSIONAIRE from performing the obligations under its responsibility. h) The confiscation or requisition of the Concession Assets and the impossibility of their recovery, caused by the order of any public authority, for reasons not attributable to the CONCESSIONAIRE, that seriously affect the performance of the Contract and prevent the CONCESSIONAIRE from complying with the obligations under its responsibility. 10.4 For those cases affecting the timely performance of any of the milestones established in Annex 6, it shall be possible to prove a force majeure event or act of God only when the critical path of the Project’s construction is affected. 10.5 The Party affected by a force majeure event or act of God shall inform the other Party, within seventy-two (72) hours after the occurrence thereof or after finding out about it, of the following: a) The circumstances comprising said force majeure event or act of God; and b) The estimated duration of the total or partial restriction of its activities and the estimated degree of impact. Additionally, it shall keep the other Party apprised of the development of such events. In the case that the affected Party fails to submit a request by the established deadline, it shall be understood that said event does not constitute an impediment to the full or partial performance of the obligations under its responsibility, unless it is able to justify, by that same deadline, that it requires more time to provide the content indicated hereinabove. 10.6 For reasons of force majeure or acts of God, if the circumstances warrant, the Parties may request the suspension of obligation concerned or of the deadlines established in Annex 6. For the force majeure event to be set up, the qualification of the other party will be required. The affected party shall have a maximum term of fifteen ten (1510) Days, counted as from the end of the force majeure event or act of God, to submit its request for qualification of force majeure or act of God and for suspension to the other Party. Notwithstanding party, attaching the foregoing, if the force majeure event or act of God has not culminated, ninety (90) calendar days after its commencement, the term of the preceding paragraph shall commence on the day following the ninety (90) day period indicated above. The affected party shall attach, as part of its request, the corresponding technical and legal reports, which shall provide support for the following, at a minimum: a) The occurrence of the event, indicating the start date and the estimated duration of the total or partial suspension of the obligations, including the estimated date for the recommencement of the works. b) The obligation or condition affected. c) The degree of the impact expected to be caused to the affected obligation or condition. d) The mitigative measures adopted. e) Proposed regimen for insurance, contractual guarantees, and other obligations whose performance is not directly affected by the event. f) Other actions originating from these occurrences. In the event that the provisions of the third paragraph are met, the affected Party shall submit a request for additional information so that the other Party may consider time periods in excess of ninety (90) days. For this purpose, the affected Party shall have a maximum of ten (10) days after the end of the force majeure or act of God to submit the additional information supporting such additional period. This information must be consistent with the reports indicated in the previous paragraph. In either case, the Party receiving the request must respond to it within thirty (30) days of its submission. The Party receiving the request may ask the affected party to Party to provide clarification or absolve any objections, granting a reasonable term to respond to it. In the latter case, the thirty (30) Day period for the Party receiving the request to resolve the request shall be extended, on a one-time basis, for up to an additional thirty (30) Days. Failure of the Party receiving the request to make a determination within the original or extended time period shall be treated as an acceptance of its request for force majeure qualification and suspension to the other Partysuch purpose. Until such time as the Party that is asked to issue a decision on the force majeure event or Act of God responds to the term indicated in this Clause will not generate the qualification of force majeure or act of God and, thereforesuspension request, the obligations obligation shall not be understood to be suspended for any purpose nor shall the grounds for termination set forth in Clause 13.6purpose. It shall not be necessary to execute an addendum in order to implement the suspension of the obligation accepted by the counterparty. Before the end of the term indicated in the second paragraph of this clause, the requesting Party may also request an extension to the deadline for the justification of its suspension request, and the other party shall grant it, indicating a reasonable deadline. If no extension of the term is requested, the right to request a suspension shall definitively expire at the deadline set forth in the aforementioned second paragraph. In the event that the Party that reported the force majeure event or act of God, in accordance with Clause 10.5, does not request the suspension in accordance with this Clause, then said Party represents and warrants that the event notified does not constitute an impediment to the full or partial performance of the obligations under its responsibility. 10.7 The declaration of force majeure or an act of God shall not give rise to any right to indemnity between the Parties. 10.8 In the case that one of the las Parties disagrees with the classification of the event as a force majeure event or act of God, or the consequences thereof, it may avail itself of the dispute settlement procedure established in Clause 14, in accordance with the national arbitration rules. 10.9 The CONCESSIONAIRE is obligated to minimize the scheduled stoppages for maintenance and similar events, in accordance with the Applicable Laws and Provisions, or in the absence thereof, in accordance with best industry practices. 10.10 The force majeure event or act of God shall not release the Parties from the performance of those obligations that are not affected by said events. The CONCESSIONAIRE shall ensure the recommencement of the corresponding activity or provision in the shortest time possible following the occurrence of said events. Likewise, if the GRANTOR requests the declaration of the force majeure event or act of God, it shall make its best effort to overcome said situation. 10.11 The CONCESSIONAIRE may not invoke the approval or effects of the Applicable Laws and Provisions as a force majeure event or act of God in relation to the performance of its obligations.