YPF S. A. and CPSA shall have extended the effective term of the “Terms and Conditions of the Offer for the generation of steam” for YPF S.A.’s Xxxxx de Cuyo Refinery dated 11/17/97 (the “Existing Agreement”) for a term of up to twenty four (24) months beginning on January 1, 2019, in accordance with the terms of the MoU, resulting in said Existing Agreement being effective up to no later than December 31, 2020, except if, prior to such date, CPSA had given notice to YPF S.A. of the commencement of the commercial operation of the new Cogeneration Plant that will be built by CPSA in CTM, in which case the Existing Agreement shall be automatically terminated.
YPF S. A. and Central Puerto shall have executed the Steam Supply Contract subject to the basic terms and conditions established in section one of the MoU.
YPF S. A. and CPSA shall have extended the effective term of the Existing Agreement for a term of up to twenty four (24) months beginning on January 1, 2019, in accordance with the terms of the MoU, resulting in said Existing Agreement being effective up to no later than December 31, 2020, except if, prior to such date, CPSA had given notice to YPF S.A. of the commencement of the commercial operation of the new Cogeneration Plant that will be built by CPSA in CTM, in which case the Existing Agreement shall be automatically terminated.
YPF S. A. expressly and irrevocably represents that it has no claim whatsoever against Central Puerto with respect to the contractual relationship arising from the LPC Contract, and that it has no claim whatsoever against Central Puerto with respect to any payments, debts, environmental liabilities, works, improvements, changes, repairs and/or modifications relating to the LPC Contract; consequently, as agreed, the LPC Contract is hereby terminated with no indemnification, compensation or reimbursement required from Central Puerto to YPF S.A. With respect to environmental liabilities, the Parties agree that Central Puerto shall be liable for any third party claim arising from gas emissions into the atmosphere originating in Central LPC during the effective term of the LPC Contract.
YPF S. A. agrees to hold CPSA harmless from any and all claims arising from environmental liabilities and obligations relating to the soil and/or subsoil of the Premises. YPF S.A. shall abstain from filing any action or exercising any remedy it may have against Central Puerto with respect to the maintenance tasks carried out during fiscal year 2015/2016 and any eventual fine under the Delivery or Pay clause of the LPC Contract. The Parties state for the record that the following documents are attached hereto: a) a report executed by YPF S.A. containing a description of the costs of the gas supplied by YPF S.A. but not yet invoiced up to the Closing Date under the LPC Contract, and b) a report containing a description of the electric power and steam dispatched but not yet invoiced by Central Puerto up to the Closing Date. This Offer shall be effective for a term of three (3) business days (beginning on the date of receipt hereof) and shall be considered accepted by YPF S.A. upon delivery by YPF S.A. to Central Puerto of an acceptance letter within the above mentioned term. No other event or act shall be required to consider this Offer accepted. Sincerely,
YPF S. A., a business company established under the laws of the Republic of Argentina, herein represented by Xx. Xxxxxxx Xxxxxx Niubó, in his capacity as President, with legal domicile in the City of Buenos Aires, Xxxxxxx xxx Xxxxxxxxxx Xxxxx Xxxx Xxxx 777 (“YPF” or the “Company” and jointly with the Assignee and Assignor, the “Parties,” each one of them indistinctly, a “Party”).
YPF S. A. (hereinafter, the “Company”) is an international company, leader in the hydrocarbons sector in Argentina, and a member of Grupo Repsol YPF.
