OPERATION CONTROL Clause Samples

OPERATION CONTROL. 22.5.1 CTB shall conduct the OPERATION control, supported by the INDEPENDENT VERIFIER, which, among other assignments, shall: (i) prepare the PERFORMANCE APPRAISAL and the calculation of the ACTUAL CONSIDERATION’s variation; (ii) prepare the calculation of the adjustments of amounts provided for in the AGREEMENT; and (iii) provide USERS’ satisfaction survey, without prejudice to other assignments provided for in this AGREEMENT. 22.5.1.1 The CONCESSIONAIRE shall be required to contract the INDEPENDENT VERIFIER, pursuant to EXHIBIT 10. 22.5.1.2 Exceptionally, in the hypothesis of delay in contracting the INDEPENDENT VERIFIER, CTB shall be directly liable for conducting 22.5.2 The determinations to be issued within the scope of the inspections provided shall be immediately applicable, and shall be binding on the CONCESSIONAIRE, without prejudice to possibly reasonable appeal. 22.5.3 The CTB’s control service shall annotate, in proper record document, the assessed events, forwarding them to the CONCESSIONAIRE for regularization of the faults or defects observed. 22.5.4 The CONCESSIONAIRE shall be required to repair, correct, interrupt, suspend or substitute, at its expenses, and within a thirty (30)-day term, the services, related to the CONCESSION, containing vides, defects, or incorrectness. 22.5.4.1 The term informed in the precedent subclause is extendable upon justification accepted by the GRANTING AUTHORITY. 22.5.4.2 The non-regularization of the faults or defects informed in the incident record sheet within the fixed term, extendable upon justification accepted by CTB, and without prejudice to the continuance and suitableness of the services, characterizes breach of agreement, subjecting the CONCESSIONAIRE to the application of the penalties provided for in the AGREEMENT, and to possible administrative, civil, or criminal sanction for breach of applicable legal or non-statutory precept. 22.5.5 CTB may demand that the CONCESSIONAIRE submits an action plan intended to repair, correct, interrupt, suspend or substitute any service provided in faulty, defective, or incorrect manner, in relation to the CONCESSION, in term to be established by CTB. CTB may accompany the service provision, and may ask for clarifications or modifications in the event that it sees the existence of noncompliance with the liabilities provided for in the AGREEMENT, especially as for the compliance with performance benchmarks. 22.5.6 The clarifications or modifications requested by C...