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

FORCE MAJEURE EVENTS OR ACTS OF GOD. a) Either of the Parties may terminate the Contract in case of the occurrence of a force majeure event or act of God, as per Clause 10.3, and such event or its effects cannot be overcome within twelve (12) consecutive months following the start of the event. In such case, the Parties shall proceed in accordance with Clause 13. 8. Additionally, once the Commercial Set-Up has occurred, for the force majeure event or act of God to be considered grounds for the termination of the Contract, it shall entail a loss of operating capacity in excess of sixty percent (60%) of the capacity achieved at the time of occurrence of the force majeure event or act of God, except in the case of Total Destruction. b) In case of Total Destruction, the Parties shall proceed as follows: i. The Parties shall evaluate the technical and economic advisability of repairing the damages and the terms and conditions under which the reconstruction and recommencement of the Service would be carried out. ii. The Contract shall be automatically terminated once sixty (60) Days pass as from the occurrence of the Total Destruction, without the Parties reaching an agreement in accordance with the preceding item. In such case, the deadline established in Clause 13.6, Item a) shall not apply. iii. For purposes of the provisions established in Clause 13.14, the product of the insurance policy indemnity in the restoration, replacement, or repair of the damaged assets, plus the amounts obtained from the tendering of the Concession Assets not affected by the Total Destruction, shall be considered “the product of the tender.” iv. The trustee referred to in Clause 7.6, Item b), shall pay the Concession debts, following the order of priority established in Clause 13.14, Item a).

FORCE MAJEURE EVENTS OR ACTS OF GOD. a) Either of the Parties may terminate the Contract in case of the occurrence of a force majeure event or act of God, as per Clause 10.3, and such event or its effects cannot be overcome within twelve (12) consecutive months following the start of the event. In such case, the Parties shall proceed in accordance with Clause 13. 813.1.8. Additionally, once the Commercial Set-Up has occurred, for the force majeure event or act of God to be considered grounds for the termination of the Contract, it shall entail a loss of operating capacity in excess of sixty percent (60%) of the capacity achieved at the time of occurrence of the force majeure event or act of God, except in the case of Total Destruction. b) In case of Total Destruction, the Parties shall proceed as follows: i. The Parties shall evaluate the technical and economic advisability of repairing the damages and the terms and conditions under which the reconstruction and recommencement of the Service would be carried out. ii. The Contract shall be automatically terminated once sixty (60) Days pass as from the occurrence of the Total Destruction, without the Parties reaching an agreement in accordance with the preceding item. In such case, the deadline established in Clause 13.613.1.6, Item a) shall not apply. iii. For purposes of the provisions established in Clause 13.1413.1.14, the product of the insurance policy indemnity in the restoration, replacement, or repair of the damaged assets, plus the amounts obtained from the tendering of the Concession Assets not affected by the Total Destruction, shall be considered “the product of the tender.” iv. The trustee referred to in Clause 7.6, Item b), shall pay the Concession debts, following the order of priority established in Clause 13.1413.1.14, Item a).

FORCE MAJEURE EVENTS OR ACTS OF GOD. a) Either of the Parties may terminate the Contract in case of the occurrence of a force majeure event or act of God, as per Clause 10.3, and such event or its effects cannot be overcome within twelve (12) consecutive months following the start of the event. In such case, the Parties shall proceed in accordance with Clause 13. 813.8. Additionally, once the Commercial Set-Start Up has occurred, for the force majeure event or act of God to be considered grounds for the termination of the Contract, it shall entail a loss of operating capacity in excess of sixty percent (60%) of the capacity achieved at the time of occurrence of the force majeure event or act of God, except in the case of Total Destruction. b) In case of Total Destruction, the Parties shall proceed as follows: i. The Parties shall evaluate the technical and economic advisability of repairing the damages and the terms and conditions under which the reconstruction and recommencement of the Service would be carried out. ii. The Contract shall be automatically terminated once sixty (60) Days pass as from the occurrence of the Total Destruction, without the Parties reaching an agreement in accordance with the preceding item. In such case, the deadline established in Clause 13.6, Item a) shall not apply. iii. For purposes of the provisions established in Clause 13.14, the product of the insurance policy indemnity in the restoration, replacement, or repair of the damaged assets, plus the amounts obtained from the tendering of the Concession Assets not affected by the Total Destruction, shall be considered “the product of the tender.” iv. The trustee referred to in Clause 7.6, Item b), shall pay the Concession debts, following the order of priority established in Clause 13.14, Item a).

FORCE MAJEURE EVENTS OR ACTS OF GOD. a) Either of the Parties may terminate the Contract in case of the occurrence of a force majeure event or act of God, as per Clause 10.3, and such event or its effects cannot be overcome within twelve (12) consecutive months following the start of the event. In such case, the Parties shall proceed in accordance with Clause 13. 813.1.8. Additionally, once the Commercial Set-Start Up has occurred, for the force majeure event or act of God to be considered grounds for the termination of the Contract, it shall entail a loss of operating capacity in excess of sixty percent (60%) of the capacity achieved at the time of occurrence of the force majeure event or act of God, except in the case of Total Destruction. b) In case of Total Destruction, the Parties shall proceed as follows: i. The Parties shall evaluate the technical and economic advisability of repairing the damages and the terms and conditions under which the reconstruction and recommencement of the Service would be carried out. ii. The Contract shall be automatically terminated once sixty (60) Days pass as from the occurrence of the Total Destruction, without the Parties reaching an agreement in accordance with the preceding item. In such case, the deadline established in Clause 13.613.1.6, Item a) shall not apply. iii. For purposes of the provisions established in Clause 13.1413.1.14, the product of the insurance policy indemnity in the restoration, replacement, or repair of the damaged assets, plus the amounts obtained from the tendering of the Concession Assets not affected by the Total Destruction, shall be considered “the product of the tender.” iv. The trustee referred to in Clause 7.6, Item b), shall pay the Concession debts, following the order of priority established in Clause 13.1413.1.14, Item a).