Common use of Preexisting Damages Clause in Contracts

Preexisting Damages. The Contractor shall initiate the assessments for the determination of the Environmental Baseline during the Transition Stage for Startup as provided in Article 3.3, the Applicable Laws and the normative previsions established by the Agency. Upon one hundred and eighty (180) Days after the Effective Date, the Contractor shall submit a detailed report of the Environmental Baseline and shall notify CNH and the Agency about the existence of any Preexisting Damage. An extension may be granted only once, by pervious request from the Contractor, for up to ninety (90) additional Days. The CNH or the Agency may object to the relevant damage being effectively considered a Preexisting Damage within sixty (60) Days after receipt of any such notice. During such period of ninety (90) Days following the reception of the report, hearings and attendances may take place between the CNH and the Contractor to resolve in good faith any technical difference that may exist regarding the Preexisting Damages as provided by the Industry Best Practices, the normative previsions established by the Agency and the Applicable Law. Once the CNH and the Agency approve the Preexisting Damages, a record that identifies such approved Preexisting Damages as well as the necessary activities of Abandonment by the prior assignee or contractor will be presented to the Contractor in accordance with Article 3.3. In case that the Parties do not reach an agreement with respect to the Preexisting Damages, the differences shall be resolved in terms of the processes established in Article 26.2. The Contractor may only be excused from its liability regarding Preexisting Damages notified on a timely basis pursuant to the terms of this Article 14.4 and of the Applicable Laws.

Preexisting Damages. The Contractor shall initiate the assessments for the determination of the Environmental Baseline during the Transition Stage for Startup as provided in Article 3.3, the Applicable Laws and the normative previsions established by the Agency. Upon one hundred and eighty (180) Days after the Effective Date, the Contractor shall submit a detailed report of the Environmental Baseline and shall notify the CNH and the Agency about the existence of any Preexisting Damage. An extension may be granted only once, by pervious request from the Contractor, for up to ninety (90) additional Days. The CNH or the Agency may object to the relevant damage being effectively considered a Preexisting Damage within sixty (60) Days after receipt of any such notice. During such period of ninety (90) Days following the reception of the report, hearings and attendances may take place between the CNH and the Contractor to resolve in good faith any technical difference that may exist regarding the Preexisting Damages as provided by the Industry Best Practices, the normative previsions established by the Agency and the Applicable Law. Once the CNH and the Agency approve the Preexisting Damages, a record that identifies such approved Preexisting Damages as well as the necessary activities of Abandonment by the prior assignee or contractor will be presented to the Contractor in accordance with Article 3.3. In case that the Parties do not reach an agreement with respect to the Preexisting Damages, the differences shall be resolved in terms of the processes established in Article 26.2. The Contractor may only be excused from its liability regarding Preexisting Damages notified on a timely basis pursuant to the terms of this Article 14.4 and of the Applicable Laws.