PARAGRAPH SEVEN. Non-justified proof of the application of resources, in the form of item XII and Paragraph Six of this Clause, does not characterize a hypothesis of acceleration of maturity of this Agreement, under the terms of Clause Sixteenth (Acceleration of Maturity).
PARAGRAPH SEVEN. The TRANSMISSION UTILITY shall integrate the ONS as a Transmission Agent with the responsibilities and duties of the maintenance entity defined in the ONS Statute and in the applicable rules. Paragraph Eight – The operation and maintenance of the POWER TRANSMISSION FACILITIES, object of this CONTRACT, shall be the sole responsibility of the TRANSMISSION UTILITY, which will be subject to XXXXX specific regulations and the operational rules set out in the NETWORK PROCEDURES, as well as the terms and conditions set forth in this CONTRACT and the CPST. Paragraph Nine – The CCI entered into between the TRANSMISSION UTILITY and other CONCESSIONAIRES shall include, without limitation, the procedures, rights and responsibilities of the parties, covering the following aspects: ATTORNEY GENERAL´S OFFICE/XXXXX INITIALS I - assignment of use or transfer of assets and facilities; II - period of implementation of the facilities; III – facilities commissioning and testing period; IV - phase of operation of the facilities;
PARAGRAPH SEVEN. The PARTIES acknowledge that the physical supply will be fully subordinated to the technical determination from the ONS and the XXXXX, also in the even of decreeing by the Awarding Power of an electric power rationing in the NATIONAL INTERCONNECTED SYSTEM. Chapter II – Period of Validity
PARAGRAPH SEVEN. For the compliance with the provision in the previous paragraph, the SELLER obliges itself to forward to the BUYER, beforehand, up to the 4th (fourth) working day of month following the CONTRACTUAL MONTH, considering that the collection of the tribute will be made until the 9th day of said month, in accordance with the legislation from the State of Rio de Janeiro, a copy of the invoice, observing the provision in CLAUSE 12. TITLE IV
PARAGRAPH SEVEN. The occurrence of disturbances in the generation, transmission or distribution system does not configure event of Act of God or Force Majeure, for the effect of this agreement, save if expressly acknowledged as such by the ONS and/or by the XXXXX.
PARAGRAPH SEVEN. The obligation provided for in subsection eleven of this Clause does not apply to the cases in which the payment of loan is exclusively destined to BENEFICIARY’s capitalization operations of amount equal to the loan to be paid.
PARAGRAPH SEVEN. XXX CELULAR undertakes not to use the short-term investments without BNDES’ prior written consent. Short-term investments and related income shall become redeemable only in two circumstances: (i) by the TRUSTEE BANK to pay the CREDIT FACILITY in case of accelerated payment or default in complying with financial obligations; or (ii) by XXX CELULAR, upon BNDES’ prior written consent, which may not be denied, if default referred to in paragraphs I, II and III of this Clause no longer exists. PARAGRAPH EIGHT The short-term investments shall be redeemed solely and exclusively by way of a credit in the WITHHOLDING ACCOUNT. CLAUSE NINE
PARAGRAPH SEVEN. On the assumption that the CODEBA building is not handed over, the value of monthly remuneration for the lease will be increased, automatically and independently from any prior notification, by 50% (fifty percent) from the month subsequent to the cancellation of the Contract until the effective and complete withdrawal of TEQUIMAR. PARAGRAPH EIGHT When the area is returned, TEQUIMAR should do so without any pending debts, including those with its suppliers of water and electricity, under the hypothesis that these were not supplied by CODEBA.
PARAGRAPH SEVEN. The notice referred to in Paragraph Five of this Clause shall be made in writing and delivered via fax, mail or in person, to the address of BENEFICIARY included in the preamble of this Agreement.
PARAGRAPH SEVEN. The Parties shall be responsible for the payment of Taxes levied on their income, including those levied on financial transactions, without any transfer of such responsibility to the other Party.
