Works Supervision. One of OSITRAN’s duties, through the works supervisor, to carry out technical compliance activities which are of its competence during the development of the Works indicated in Clause Eight. XXXXXXX shall appoint a third party as a works supervisor, which shall be informed irrefutably in written to the GRANTOR and the CONCESSIONAIRE not later than the five (05) days, as from the date of selection or appointment of the above-mentioned works supervisor, if applicable. The assigned functions to the works supervisor and those set forth in the Contract shall be executed according to the faculties granted by XXXXXXX and according to what is set forth in the policies and regulations that OSITRAN establishes for that purpose. The CONCESSIONAIRE shall grant OSITRAN, through the works supervisor and the available equipment, free access to the Concession Area to work with no obstacles and with the appropriate accuracy, within the work schedules of the corresponding area. It shall correspond to the works supervisor to inform regularly the progress of the Works to OSITRAN, in the required format of information. In the event that it is detected that the CONCESSIONAIRE fails to comply with his obligations, OSITRAN shall demand the necessary corrections. In the event that the Works complies neither with the demanded parameters by the Applicable Laws, nor with the Minimum Technical Requirements, OSITRAN shall demand the necessary corrections according to the instructions indicated for that purpose, applying the corresponding penalties as established by Xxxxxx Xxxxxxxx. The CONCESSIONAIRE is entitled to consider until a five percent (5%) of the Works value and the execution of assessments related to them for supervisory purposes. The amount to consider to that purpose shall correspond to the payments set forth in the corresponding supervision agreement. The procedure of hiring the Works supervisor shall be done according to the procedures established in Section 14.3 of Clause Fourteen of this Contract. CLAUSE NINE
Works Supervision. 6.9 The REGULATOR, directly or through the supervisor appointed by him, shall perform the actions of supervision and control during the execution of Compulsory Works indicated in the precFESng clause. If the REGULATOR chooses to appoint a supervisor of works, he must inform the CONCESSIONAIRE in written no later than five (5) days from the date of signing the contract with the supervisor indicated above. Notwithstanding the foregoing, the ownership of the supervisory function is maintained in the REGULATOR. The functions of the supervisor of works, in case of appointment or contracting, will be exercised according to the powers conferred by the REGULATOR. The preparatory expenses and the costs resulting from the supervision of activities, direct or indirect, incurred by the REGULATOR, for the compulsory works corresponding to the Amazon Waterway, will be paid directly by the CONCESSIONAIRE, not including VAT that at most will be 5.3892% of the amount of the Referential Projected investment referred to Infrastructure and Equipment of Section 1.2.55; the disbursement of these funds, shall conform to the corresponding schedule established by the REGULATOR. The CONCESSIONAIRE must assume the payment of VAT. Hiring supervising companies shall be based on relevant laws and applicable provisions.
