Penalty Interest. If America Movil does not comply with the aforementioned payment obligation, it shall pay besides the invoice's principal amount penalty interest from the invoice's due date until the date of payment in full, at an annual rate equal to the most recent Interbanking Equilibrium Interest Rate (TIIE, as per initials in Spanish), on the date in which the delinquency occurs, multiplied by 1.7 (one point seven) times, of the monthly calculations, plus the corresponding VAT. Penalty interest shall be calculated on outstanding amounts and shall be computed for the calendar days on a basis of one (1) 360 (three hundred and sixty) days, times the number of days that the invoices are actually in arrears and until the amounts are made available to Telmex. It is understood that penalty interest shall vary each month together with the variations of the reference rate during the period in which the amount is past due. It is understood that in no event, shall the interest rate used as a basis to determine the penalty interest can be higher than the bond or instrument that the Federal Government places in the 28 day money market. FIVE. RESPONSIBILITY. None of the Parties shall be responsible to the other for indirect or consequential damages or the loss of income resulting or attributable to any action or omission of the Parties or third parties related to this Contract. Also, none of the parties shall be accountable for the damages caused to Telmex or America Movil for fortuitous events or Acts of God such as explosions, earthquakes or other natural phenomena and those caused by third parties or which are alien to the rendering of the Services under this Contract and that Telmex or, as the case may be, America Movil, have not been able to reasonably foresee or avoid, such as uprisings, sabotage or terrorism and other similar situations. In any event, the civil liability of the parties shall be limited to repairing the damages indirectly caused. SIX. TEMPORARY SUSPENSION. If there is a fortuitous case or an Act of God that temporarily hinders Telmex from providing the services under this Contract, the Services shall be temporarily suspended, and the Parties shall agree upon the extraordinary actions and services required to restore, normalize and guarantee the continuity and quality of the Services. In this case, America Movil shall pay Telmex, the Services truly rendered up to the moment when the suspension took place. In any event, Telmex shall make its best effort to res...
