THIRD CLAUSE Clause Samples

THIRD CLAUSE. An additional share of the total electric power reserve shall be allowed, as determined in the chart annexed to this TERM OF COMMITMENT, which shall be allocated to the CONSUMERS units at their discretion.

THIRD CLAUSE. On the obligations

THIRD CLAUSE. This agreement shall remain in effect until the intellectual property rights of the research conducted within the scope of the (thesis/dissertation) are duly protected by the National Institute of Industrial Property (INPI) and the competent international body designated by UNESP.

THIRD CLAUSE. The Contracting Parties agree that the navigable part of the river of the border line, as described in this supplementary agreement’s first clause, runs along the centreline of the main channel. The non- navigable part of the river runs along the centreline of the water flow or main stream. The exact position of the main channel and what is regarded as the centreline of the border’s main channel, the river or the main stream’s centreline and the rivers islands and islets whose ownership is divided in view of the above, will be specifically defined during the time in which Sino-Russian border is being demarcated. The main basis for determining the main channel is the depth of water combined with the main channel’s width, the radius of curvature should also be taken into consideration. The centreline of the main channel is indicated by the centreline of the water surface in between the main channel’s two corresponding isobaths. PA-X, Peace Agreement Access Tool ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The basis for determining the main stream is the rate of flow at the mid-water level.

THIRD CLAUSE. The parties will make the necessary adjustments concerning the invoices for the supply of the months of January and February of 2003 in accordance with the procedure established here in the pertinent legislation for the application of the agreed price.

THIRD CLAUSE. The other terms of the Purchase and Sale Contract are expressly ratified and unaltered by the Addition. The defined terms and expressions used in this Addition and undefined here have the meaning that is given to them by the Purchase and Sale Contract. Signatures sheet for the Addition Term to the Purchase and Sale of Electric Power Contract agreed on February 19, 2003, between ENERPEIXE S.A. and ESCELSA - ESPIRITO SANTO CENTRAIS ELETRICAS S.A. And, being fair and contracted, the present contract in 2 (two) copies of equal wording and form, for the same purpose and effects of law, assuming an obligation, by successors or assignees to any title, in the presence of two witness signed below. Sao Paulo, February 19, 2003.

THIRD CLAUSE. In accordance with the articles of incorporation that changed the company name, before called PAX BR Comércio de Equipamentos de Informática Ltda., began to be called: PAX BR COMÉRCIO E SERVIÇOS LTDA– ME. The company before with headquarters located at Avenida João Paulo I, no 1776, Bloco C, sala 09, Jardim São Luiz, City of Embu das Artes and state of o São Paulo CEP: 06670-300, now has its headquarters at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, n 1391, quadra AH, Lote 03, Parque Industrial San ▇▇▇▇, city of Cotia, São Paulo state, CEP 06715-865.

THIRD CLAUSE. RESPONSIBILITY. In case the EMPLOYEE does not comply, whether acting and/or omitting to act, with any of the obligations assumed in this Agreement, he will be responsible for all damages his acting and/or omitting to act may cause to El Sitio and/or to any of the Group Companies, irrespective of the application of any other penalty agreed by the Parties.

THIRD CLAUSE. The terms and conditions applicable to the supply provided for in this Agreement are described in the Sole Annex hereto, which is an integral part hereof. Fourth Clause - IPP acknowledges that MARKETER may resell all or part of the Electric Energy to purchasers that qualify as free consumers under the applicable legislation in force. Fifth Clause - It is hereby expressly understood and accepted that the metering of the energy amounts of each supply shall be exclusively incumbent upon IPP, and that the metering that will be accepted for the purposes of establishing the amount of Electric Energy shall be the metering read by the Distributor. IPP undertakes to keep available to MARKETER all registries regarding the metering of Electric Energy supplied to MARKETER, during all the term hereof, and also to deliver to MARKETER, for MARKETER’s record and safekeeping, copies of the metering registries relating to all the supply period. IPP ensures to MARKETER the right to inspect IPP’s registries at any time. Sixth Clause - Until the 5th day subsequent to the reading of the Distributor’s metering devices, as provided for in the Fifth Clause of this Agreement, IPP shall provide MARKETER an invoice evidencing the amount of Electric Energy supplied in the period, expressed in MWh, and the total amount due. The invoice shall reflect the amount obtained by the multiplication of the amount of MWh supplied by the price agreed per MWh. Amounts payable shall be paid by deposit or wire transfer to the IPP’s bank account indicated below, on or before the 15th day after the invoice was received: Bank: [...] Agency: [...] Account No. [...] City: [...] Responsible: [...] MARKETER shall send a copy of each wire transfer receipt to IPP. Seventh Clause - It is hereby expressly established and accepted that the contract price is inclusive of any and all costs and charges incurred by IPP regarding the generation of Electric Energy and shall not be adjusted due to any inflationary impact or any other reason. IPP shall be exclusively responsible for any costs or charges imposed on it by law or any regulations, as well as any costs and charges associated with transmission losses and inherent in operation up to the Delivery Point. IPP shall also be solely responsible for the payment of the charges relating to the use of the Grid, as specified in the Sole Attachment hereto. Moreover, if, at any time, in any 15-minute interval within the supply period of Electric Energy, the demand metered...