Common use of Local Activation Letters Clause in Contracts

Local Activation Letters. 7.1 Enel Affiliate wishing to activate this Contract in their Country shall do so by notifying the Provider indicating the expected Services and including in such notice the proposed final form of the Local Activation Letter (substantially in the form set out in Annex 5 – Local Activation Letter) setting out any additional or amended contractual terms that are needed for the Contract’s performance in a particular Country (or subdivision of such Country), including, without limitation: addresses for notices to the Enel Affiliate, choice of forum, currency of payment, etc. 7.2 Within 15 Working Days from receipt of such notice, the Provider shall indicate any Provider Affiliate that will also be a party to the Local Activation Letter, details for notices to be applicable, and any clarifications needed to for its acceptance of the final form of the Local Activation Letter. 7.3 Within 15 Working Days from receipt of Provider’s response, the Provider designates Provider Affiliate and the Enel Affiliate that notified the Provider pursuant to item 7.1 above, both that are to be parties shall execute the Local Activation Letter. 7.4 In the event more than one Enel Affiliate is a party to a single Local Activation Letter, each Enel Affiliate that is a party shall be severally, and not jointly, liable for payment under such Local Activation Letter issued by such Affiliate. 7.5 To the extent permissible under the laws of the Enel Affiliate Country, and unless stipulated differently in the Local Activation Letter, the law applicable to the Local Activation Letters is the law of Enel Affiliate Country. 7.6 Upon execution of a Local Activation Letter and its having become effective according to its terms, the Local Activation Letter will constitute an individual contract under and in fulfillment of this Umbrella Contract, composed of the documents as set out in Clause 4, separate from the original Umbrella Contract between Provider and EGP, and separate from any other implementation of the Umbrella Contract through Local Activation Letters with other Affiliates. 7.7 Notwithstanding the above Clause 7.6, for the avoidance of doubt, the Parties stipulate that the original Umbrella Contract remains in effect in accordance with its terms and can be activated by EGP or other Enel Affiliate, according to its terms. 7.8 Notwithstanding anything to the contrary in the Local Activation Letter, EGP shall be a third party beneficiary to the Local Activation Letter. 7.9 The Provider is the guarantor in the interest of the Provider Affiliate in favor of Xxxx Xxxxxxxxx, regarding possession by the Provider Affiliate of all the requisites required in the award phase, as well as those necessary for the correct and precise execution of the Services covered by the Local Activation Letter resulting from this Contract. In this regard, Company reserves the right to request - through the Provider, which hereby undertakes to submit it - the documentation proving the existence of the requirements of the Provider Affiliate. 7.10 In addition, the Provider guarantees fulfilment by the Provider Affiliate of all the obligations of the Local Activation Letter being severally and jointly liable. Therefore, should the Provider Affiliate be in breach, even only partially, of the obligations arising from the Local Activation Letter, the Provider hereby undertakes to unconditionally take over, following the request of Xxxx Xxxxxxxxx, said contract guaranteeing its performance.

Local Activation Letters. 7.1 Enel Affiliate wishing to activate this Contract in their Country shall do so by notifying the Provider indicating the expected Services Scope of Supply and Installation and including in such notice the proposed final form of the Local Activation Letter (substantially in the form set out in Annex 5 – Local Activation Letter) setting out any additional or amended contractual terms that are needed for the Contract’s performance in a particular Country (or subdivision of such Country), including, without limitation: addresses for notices to the Enel Affiliate, choice of forum, currency of payment, etc. 7.2 Within 15 Working Days from receipt of such notice, the Provider shall indicate any Provider Affiliate that will also be a party to the Local Activation Letter, details for notices to be applicable, and any clarifications needed to for its acceptance of the final form of the Local Activation Letter. 7.3 Within 15 Working Days from receipt of Provider’s response, the Provider designates Provider Affiliate and the Enel Affiliate that notified the Provider pursuant to item 7.1 above, both that are to be parties shall execute the Local Activation Letter. 7.4 In the event more than one Enel Affiliate is a party to a single Local Activation Letter, each Enel Affiliate that is a party shall be severally, and not jointly, liable for payment under such Local Activation Letter on the Draw Down Order issued by such Affiliate. 7.5 To the extent permissible under the laws of the Enel Affiliate Country, and unless stipulated differently in the Local Activation Letter, the law Law applicable to the Local Activation Letters is the law Law of Enel Affiliate Country. 7.6 Upon execution of a Local Activation Letter and its having become effective according to its terms, the Local Activation Letter will constitute an individual contract under and in fulfillment of this Umbrella Contract, composed of the documents as set out in Clause 4, separate from the original Umbrella Contract between Provider and EGP, and separate from any other implementation of the Umbrella Contract through Local Activation Letters with other Affiliates. 7.7 Notwithstanding the above Clause 7.6, for the avoidance of doubt, the Parties stipulate that the original Umbrella Contract remains in effect in accordance with its terms and can be activated by EGP or other Enel Affiliate, according to its terms. 7.8 Notwithstanding anything to the contrary in the Local Activation Letter, EGP shall be a third party beneficiary to the Local Activation Letter. 7.9 The Provider is the guarantor in the interest of the Provider Affiliate in favor of Xxxx Xxxxxxxxx, regarding possession by the Provider Affiliate of all the requisites required in the award phase, as well as those necessary for the correct and precise execution of the Services Supply covered by the Local Activation Letter resulting from this Contract. In this regard, Company reserves the right to request - through the Provider, which hereby undertakes to submit it - the documentation proving the existence of the requirements of the Provider Affiliate. 7.10 In addition, the Provider guarantees fulfilment by the Provider Affiliate of all the obligations of the Local Activation Letter being severally and jointly liable. Therefore, should the Provider Affiliate be in breach, even only partially, of the obligations arising from the Local Activation Letter, the Provider hereby undertakes to unconditionally take over, following the request of Xxxx Xxxxxxxxx, said contract guaranteeing its performance.

Local Activation Letters. 7.1 Enel Affiliate wishing to activate this Contract in their Country shall do so by notifying the Provider indicating the expected Services Scope of Supply and including in such notice the proposed final form of the Local Activation Letter (substantially in the form set out in Annex 5 – Local Activation Letter) setting out any additional or amended contractual terms that are needed for the Contract’s performance in a particular Country (or subdivision of such Country), including, without limitation: addresses for notices to the Enel Affiliate, choice of forum, currency of payment, etc. 7.2 Within 15 Working Days from receipt of such notice, the Provider shall indicate any Provider Affiliate that will also be a party to the Local Activation Letter, details for notices to be applicable, and any clarifications needed to for its acceptance of the final form of the Local Activation Letter. 7.3 Within 15 Working Days from receipt of Provider’s response, the Provider designates Provider Affiliate and the Enel Affiliate that notified the Provider pursuant to item 7.1 above, both that are to be parties shall execute the Local Activation Letter. 7.4 In the event more than one Enel Affiliate is a party to a single Local Activation Letter, each Enel Affiliate that is a party shall be severally, and not jointly, liable for payment under such Local Activation Letter on the Draw Down Order issued by such Affiliate. 7.5 To the extent permissible under the laws of the Enel Affiliate Country, and unless stipulated differently in the Local Activation Letter, the law applicable to the Local Activation Letters is the law of Enel Affiliate Country. 7.6 Upon execution of a Local Activation Letter and its having become effective according to its terms, the Local Activation Letter will constitute an individual contract under and in fulfillment of this Umbrella Contract, composed of the documents as set out in Clause 4, separate from the original Umbrella Contract between Provider and EGP, and separate from any other implementation of the Umbrella Contract through Local Activation Letters with other Affiliates. 7.7 Notwithstanding the above Clause 7.6, for the avoidance of doubt, the Parties stipulate that the original Umbrella Contract remains in effect in accordance with its terms and can be activated by EGP or other Enel Affiliate, according to its terms. 7.8 Notwithstanding anything to the contrary in the Local Activation Letter, EGP shall be a third party beneficiary to the Local Activation Letter. 7.9 The Provider is the guarantor in the interest of the Provider Affiliate in favor of Xxxx Xxxxxxxxx, regarding possession by the Provider Affiliate of all the requisites required in the award phase, as well as those necessary for the correct and precise execution of the Services Supply covered by the Local Activation Letter resulting from this Contract. In this regard, Company reserves the right to request - through the Provider, which hereby undertakes to submit it - the documentation proving the existence of the requirements of the Provider Affiliate. 7.10 In addition, the Provider guarantees fulfilment by the Provider Affiliate of all the obligations of the Local Activation Letter being severally and jointly liable. Therefore, should the Provider Affiliate be in breach, even only partially, of the obligations arising from the Local Activation Letter, the Provider hereby undertakes to unconditionally take over, following the request of Xxxx Xxxxxxxxx, said contract guaranteeing its performance.