Common use of Restoration; Compensation Clause in Contracts

Restoration; Compensation. (a) In the event that a Political Force Majeure Event results in material damage to the Facility that requires a material modification or a material capital addition or material repair to the Facility necessary to return the Facility to its performance capability or its physical state immediately preceding the occurrence of the Political Force Majeure Event or that compliance by the Company with a Change in Law requires a material modification or a material capital addition to the Facility (in each case, a “Restoration”), the Company shall, within twenty-eight (28) Days after the date by which it was first required to provide notice to the GOB under Section 11.2(a), except if the Political Force Majeure Event or Change in Law, as the case may be, has not ended by the time of such notice, in which case within twenty-eight (28) Days of the notice required by 11.2(b)(i), develop and deliver to the GOB a preliminary written estimate (the “Preliminary Estimate”) of: (i) the projected range of cost of the Restoration less any insurance proceeds available or likely to become available to the Company (the “Restoration Cost Estimate”); and (ii) a preliminary schedule for the completion of the Restoration, such schedule to include a period for solicitation of engineering services to effect the Restoration and negotiation and execution of a contract therefor and, if the Restoration Cost Estimate will be less than the Threshold Amount (as defined in Section 11.5(g)), a reasonable period to arrange the financing, whether such financing is in the form of debt or equity or some combination thereof (such schedule and each such schedule contained in the Report to be delivered pursuant to Section 11.5(d) in connection with an Other Force Majeure Event shall be referred to herein as a “Restoration Schedule”). The Company shall make the Preliminary Estimate as comprehensive and as complete as possible under the circumstances and the GOB and the Company shall meet within fifteen (15) Days of the delivery of the Preliminary Estimate to discuss the conclusions set forth therein. As used in this Section “material damage,” a “material modification”, a “material capital addition” or a “material repair” means damage, modification, capital addition or repair that requires, as a result thereof, a Restoration with a cost of four hundred and fifty thousand Dollars (US$450,000) or more.

Restoration; Compensation. ‌ (a) In the event that a Political Force Majeure Event results in material damage to the Facility that requires a material modification or a material capital addition or material repair to the Facility necessary to return the Facility to its performance capability or its physical state immediately preceding the occurrence of the Political Force Majeure Event or that compliance by the Company with a Change in Law requires a material modification or a material capital addition to the Facility (in each case, a “Restoration”), the Company shall, within twenty-eight (28) Days after the date by which it was first required to provide notice to the GOB under Section 11.2(a), except if the Political Force Majeure Event or Change in Law, as the case may be, has not ended by the time of such notice, in which case within twenty-eight (28) Days of the notice required by 11.2(b)(i), develop and deliver to the GOB a preliminary written estimate (the “Preliminary Estimate”) of: (i) the projected range of cost of the Restoration less any insurance proceeds available or likely to become available to the Company (the “Restoration Cost Estimate”); and (ii) a preliminary schedule for the completion of the Restoration, such schedule to include a period for solicitation of engineering services to effect the Restoration and negotiation and execution of a contract therefor and, if the Restoration Cost Estimate will be less than the Threshold Amount (as defined in Section 11.5(g)), a reasonable period to arrange the financing, whether such financing is in the form of debt or equity or some combination thereof (such schedule and each such schedule contained in the Report to be delivered pursuant to Section 11.5(d) in connection with an Other Force Majeure Event shall be referred to herein as a “Restoration Schedule”). The Company shall make the Preliminary Estimate as comprehensive and as complete as possible under the circumstances and the GOB and the Company shall meet within fifteen (15) Days of the delivery of the Preliminary Estimate to discuss the conclusions set forth therein. As used in this Section “material damage,” a “material modification”, a “material capital addition” or a “material repair” means damage, modification, capital addition or repair that requires, as a result thereof, a Restoration with a cost of four hundred and fifty thousand Dollars (US$450,000) or more.