CONSTRUCTION CONTRACT EDIN SpA WITH PRETAM SpA
Exhibit 10.6
EDIN SpA
WITH
XXXXXX SpA
In La Serena, on January 12, 2021, between Xx. XXXX XXXXXXXX XXXXXXXXXXX, Chilean, married, lawyer, identity card for foreigners number 24.907.131-5, on behalf, as evidenced, of XXXXXX XxX, a business company their name, unique tax roll number 76.153.953-1, both with address at Ruta D-43, D-421, Tambillos, Coquimbo commune, hereinafter and indistinctly "the seller" or "the seller", on the one hand and on the other, Mr. XXXXXXXXX XXXXXX XXXXXXXXX XXXXXXXX, Chilean, single, surgeon, identity card for foreigners number 24.155.093-5, representing, as evidenced, XXXX XxX, company of the line of business of its name, single role tax number 00.000.000-0, both domiciled at Ruta D-43, D-421, Tambillos, Coquimbo commune, hereinafter and indistinctly as "the buying party" or "the buying party", the appearing parties, all of legal age The following work contract has been agreed:
FIRST. XXXX XxX commissions the completion of the construction of 14 precast concrete sheds and urbanization works to be carried out in the property owned by the Client, according to the agreed technical specifications, plans and calculation reports, which the parties declare to know and which are part of the member of this contract.
It is noted that the aforementioned Project will have a total built area of 9,237 square meters, which will be made up of 14 warehouses, with a total built area of 7,101 square meters, and 14 offices, with a total built area of 2,135 square meters.
SECOND. By this act XXXXXX SpA, represented as indicated, accepts the order from EDIN SpA, committing itself to execute it in accordance with the agreed specifications and plans.
THIRD: The price of the work is the sum of $1,488,569,467 CLP (plus VAT), a price that will be paid by bank transfer to the current account in the name of the Contractor and that the parties declare to know.
The price will be paid once: /a/ EDIN SpA disposes of the property PROPOSED LOT, resulting from the merger of Lot One A-Eight, located at Calle San Xxxxx number one thousand five hundred and ninety, and Lot One A - Nine, located at San Xxxxx street number one thousand six hundred, both resulting from the subdivision of Lot One indent A, which resulted from the merger of several lots, and these, in turn, resulting from various mergers and subdivisions of the following properties: a) Site or Lot B, located in the Barrio Industrial Sector of Alto Xxxxxxxx; b) Site or Lot Four, resulting from the subdivision of the aforementioned Lot B; and c) Lot B, resulting from the subdivision of the Rest of the El Recreo Estate, all located in the commune of Coquimbo, owned by EDIN SpA; or, /b/ the period of 5 years counted from the date of subscription of this instrument elapses; The thing that happens first. It is expressly stated that none of the amounts owed in this instrument does not accrue interest.
FOURTH: The Contractor undertakes to execute the entire contracted construction within a period of 2 years, counting from this date. Notwithstanding the foregoing, the parties agree that XXXXXX SpA will provide semi-annual progress reports to EDIN SpA in order to determine the degree of progress of the project.
Likewise, it is expressly stated that everything built and in the corresponding degree of progress will pass to and will be the property of XXXX XxX, without prejudice to the payment of the work as stipulated in the third clause.
FIFTH: XXXXXX SpA will carry out the work with maximum efficiency and responsibility, always adhering to the standards, plans and specifications of the project.
XXXXXX SpA will timely acquire the construction materials, which must be of good quality and comply with the standards and technical specifications, being its sole responsibility and cost, relations and coordination with subcontractors and suppliers in general.
XXXXXX SpA will have the minimum adequate elements (chemical toilet, garbage can, etc.) for the well-being of the contracted personnel in order to always keep the land clean throughout the duration of the tasks.
SIXTH: It is recorded that the Contractor assumes absolute responsibility for the personnel dedicated to the fulfillment of this contract and, therefore, must execute its hiring and termination of the contract, cancellation of remunerations, discount of Social Laws, Impositions, and Taxes and Subsequent payment to the corresponding organizations. However, the personnel will be the sole responsibility of the Contractor and will not have a legal relationship with "the Client".
SEVENTH: The parties expressly declare that EDIN SpA may unilaterally terminate this contract early by giving notice given at least one year in advance, and must in any case pay for the work performed.
EIGHTH: The parties establish as domicile, for all legal effects derived from this contract, the city of La Serena, extending jurisdiction before its Courts of Justice.
LEGAL REPRESENTATION: The legal capacity of Mr. Xxxxxxxxx Xxxxxxxxx Xxxxxxxx, is recorded in a public deed dated November 30, 2018, granted before Xx. Xxxxx Xxxxxxx Xxxxxxx, Notary Public of La Serena.
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EDIN SpA
pp. XXXXXXXXX XXXXXX XXXXXXXXX XXXXXXXX
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XXXXXX SpA
pp. XXXX XXXXXXXX XXXXXXXXXXX
