Common use of Book Value Clause in Contracts

Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 AGREEMENT PERFORMANCE BOND FORMAT (city), of 201…. To: MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Borja Lima - Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to seven million two hundred thousand US Dollars (USD 7 200 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT‌ (city), of 201…. To MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution

Appears in 1 contract

Samples: SGT Concession Contract

AutoNDA by SimpleDocs

Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 AGREEMENT PERFORMANCE BOND FORMAT (city), of 201…. To: MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Borja Lima - Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to seven million two hundred thousand US Dollars (USD 7 200 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT‌ FORMAT (city), of 201…. To MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution

Appears in 1 contract

Samples: SGT Concession Contract

Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 AGREEMENT CONTRACT PERFORMANCE BOND FORMAT (city), of 201…. To: MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Borja Lima - Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 xX Xxxxxxx kV Tingo María Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to seven four million two hundred and five thousand US Dollars (USD 7 200 USD4 500 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx kV Tingo María Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT‌ OPERATING BOND FORMAT (city), of 201…. To MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx kV Tingo María Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx kV Tingo María Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial InstitutionInstitution Annex Nº 5 TELECOMMUNICATIONS According to Annex Nº 1, the Project shall have a principal telecommunications system (optical fiber - OPGW). The following is agreed in this regard:

Appears in 1 contract

Samples: SGT Concession Contract

Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 AGREEMENT 4‌ CONTRACT PERFORMANCE BOND FORMAT (city), of 201…. To: MINISTRY OF ENERGY AND MINES AvXx. de las Artes Sur Nº 260xx xxx Xxxxx Xxx Xx 000, San Borja Lima Xxx Xxxxx Xxxx - Peru.- Xxxx.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 xX Xxxxxxx kV Xxxxx Xxxxx Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to seven four million two hundred and five thousand US Dollars (USD 7 200 USD4 500 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT‌ (city), of 201…. To MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution;

Appears in 1 contract

Samples: SGT Concession Contract

AutoNDA by SimpleDocs

Book Value. Regardless of the value set out for tax purposes or any other end, in this Contract, “book value” refers to the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted in Peru), the net of depreciations and amortizations accrued at the time of the calculation. For these purposes, the depreciation shall be estimated under the straight-line method, for a thirty-year period. If the depreciation for tax purposes is higher than the depreciation defined in this paragraph, it shall be discounted from the resulting book value the difference between (1) the income tax paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession Holder. For the purposes of this Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 AGREEMENT CONTRACT PERFORMANCE BOND FORMAT (city), of 201…. To: MINISTRY OF ENERGY AND MINES AvXx. de las Artes Sur Nº 260xx xxx Xxxxx Xxx Xx 000, San Borja Lima Xxx Xxxxx Xxxx - Peru.- Xxxx.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 xX Xxxxxxx kV Xxxxx Xxxxx Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to seven four million two hundred and five thousand US Dollars (USD 7 200 USD4 500 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx kV Xxxxx Xxxxx Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT‌ OPERATING BOND FORMAT (city), of 201…. To MINISTRY OF ENERGY AND MINES AvXx. de las Artes Sur Nº 260xx xxx Xxxxx Xxx Xx 000, San Xxx Xxxxx Peru.- Ref.: Letter of Guarantee No. Expiration: Tender of “220 xX Xxxxxxx kV Xxxxx Xxxxx Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to two million US Dollars (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”) , complies in a timely and proper manner with all and each one of the obligations, including the payment of penalties, it has undertaken under the Concession Contract for the “220 xX Xxxxxxx kV Xxxxx Xxxxx Nueva TumbesAguaytía Link, and Associated Substations, Lines and Expansions” project. To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial InstitutionInstitution Annex Nº 5 TELECOMMUNICATIONS According to Annex Nº 1, the Project shall have a principal telecommunications system (optical fiber - OPGW). The following is agreed in this regard:

Appears in 1 contract

Samples: SGT Concession Contract

Book Value. Regardless of the value set out established for tax purposes or any other endpurpose, in this Contract, “Contract "book value” refers to " is the book value of the Concession Assets expressed in dollars (according to the audited Financial Statements prepared in accordance with the standards and principles generally accepted principles and standards in Peru), the net of depreciations depreciation and amortizations accrued accumulated amortization at the time of the calculation. For these purposes, the depreciation shall be estimated calculated under the straight-line method, method for a thirty-year periodperiod of thirty (30) years. If the depreciation for tax purposes is higher greater than the depreciation one defined in this paragraph, it the difference shall be discounted deducted from the resulting book value the difference carrying amount between (1) the income tax that had been paid for under the straight-line depreciation method described and (2) the income tax resulting from the depreciation method used by the Concession HolderConcessionaire. For the The book value shall not includerevaluations of any nature for purposes of this provisions set forth in the Contract, the book value will not include any kind of revaluations or tax credit. Annex No. 4 AGREEMENT PERFORMANCE BOND FORMAT Performance Bond Form . (city)) , of , 201…. To: MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Borja Lima - Peru.- Ref.: Letter of Guarantee No. Expiration: Tender for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, Lines and Expansions” project. Dear Sirs: Hereby and at the request of our clients, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide this joint and several, irrevocable, unconditional and automatically enforceable guarantee, without benefit of excussion or division, for the amount of up to seven million two hundred thousand US Dollars (USD 7 200 000) in favor of the Ministry of Energy and Mines to guarantee the proper and timely compliance with: 1) all and each one of the obligations the Concession Holder is responsible for; 2) the payment of penalties, and 3) the payment of the amounts ordered by unappealable decision or enforceable arbitration award, resulting from the execution of the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” project (hereinafter, “The Contract”). To execute this guarantee in your favor, a requirement from the Ministry of Energy and Mines forwarded through notarial channels will suffice, the same that shall be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document. Any delay on our part to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested until the date of effective payment. This guarantee shall also secure the proper and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standards. Our obligations under this guarantee will not be affected by any dispute between the Ministry of Energy and Mines, or any entity of the Government of Peru, and our clients. This guarantee will be valid for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institution Annex No. 4-A OPERATION GUARANTEE FORMAT‌ (city), of 201…. To _ MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Xxxxx Peru.- Ref.Perú.- Reference: Letter of Guarantee No. Expiration: Tender of “"Moyobamba-Iquitos 220 xX Xxxxxxx – Nueva Tumbes, kV and Associated Substations, and Expansions” project" GTS Concession Contract. Dear Sirs: Hereby and at the request of our clientscustomers, [name of Concession Holder] (hereinafter, “the Concession Holder”) we provide furnish this joint and severalcommon, irrevocable, unconditional and automatically enforceable guaranteeunconditional, without benefit of excussion or divisiondiscussion and automatic guarantee, for the amount sum of up thirty million dollars (US$ 30 000 000.00) on your name, to two million US Dollars ensure that _ (USD 2 000 000) in favor of the Ministry of Energy and Mines to guarantee that (“the Concession Holder”Concessionaire) , complies in a with the timely and proper manner with all execution of each and each every one of the obligationsobligations undertaken, including pursuant to the referenced Contract and to make payment of penalties, it has undertaken under penalties provided in the Concession Contract for the “220 xX Xxxxxxx – Nueva Tumbes, and Associated Substations, and Expansions” projectsame Contract. To execute Payment of this guarantee in your favorshall be effective automatically and without further act from you, upon receipt of a requirement from the Ministry of Energy and Mines forwarded written request sent to us for that purpose, through notarial channels will sufficea notary public, the same that shall which must be signed by the Director General of Administration, or a person duly authorized by that entity, stating that our clients (name of Concession Holder) have failed to fulfill any of the obligations guaranteed by this document Any delay on our part Administration office or its deputy and sent to execute the above-mentioned guarantee shall pay interest equivalent to the maximum LIBOR rate, plus an annual margin (spread) of 3 %. The LIBOR rate will be established by the daily Cable Xxxxxx received in Lima at 05:00 p.m. London time, on the date in which the payment request was submitted through notarial channel. The interests shall be borne from the date in which its execution was requested to the date of effective payment. This guarantee shall also secure the proper [include office and timely compliance with the obligations of the Concession Holder under the provisions contained in Legislative Decree No. 1362 and regulations; or replacing or amending standardsaddress]. Our obligations under this guarantee guarantee, including payment of the guaranteed amount, will not be affected by any dispute between you, our customers, (the Ministry of Energy and MinesConcessionaire) or third parties, regarding the referenced Contract or any entity other matter or Contract. The term of this guarantee shall be twelve (12) months from (Closing date) expiring on ………………………………….. Any delay on our part to pay the amount of this guarantee, from the date it is required by you, according to the terms stated herein, shall bear interest equivalent to one-year LIBOR rate plus a margin of seven percent (7%). The applicable LIBOR rate will be established daily by Reuters at05:00 pm in London, accruing interest from the date on which compliance is requested until the actual date of payment. Unless otherwise expressly stated, terms used in this guarantee shall have the same meaning ascribed to them in the Bidding Terms. Yours faithfully, Annex Nº 4-A Operation Guarantee Form . (city) , , 201_ MINISTRY OF ENERGY AND MINES Av. de las Artes Sur Nº 260, San Xxxxx Perú.- Reference: “Moyobamba-Iquitos 220 kV and Associated Substations" GTS Concession Contract”. Hereby and at the request of our customers, , we furnish this common, irrevocable, unconditional, without benefit of discussion and automatic guarantee, for the sum of five million dollars (US$ 5000000,00) on your name, to ensure that (the Concessionaire) , complies with the timely and proper execution of each and every one of the Government obligations undertaken, pursuant to the referenced Contract. Payment of Peruthis guarantee shall be effective automatically and without further act from you, upon receipt of a written request sent to us for that purpose, through a notary public, which must be signed by the Director of the Administration Office or its deputy and sent to [include office and address]. Our obligations under this guarantee, including payment of the guaranteed amount, will not be affected by any dispute between you, our clientscustomers, (the Concessionaire) or third parties, regarding the referenced Contract or any other matter or Contract. This The term of this guarantee shall be twelve (12) months from ( date of Power Line Commercial Operation Commissioning) expiring on …………….. Any delay on our part to pay the amount of this guarantee, from the date it is required by you, according to the terms stated herein, shall bear interest equivalent to one-year LIBOR rate plus a margin of seven percent (7%). The applicable LIBOR rate will be valid established daily by Reuters at05:00 pm in London, accruing interest from the date on which compliance is requested until the actual date of payment. Unless otherwise expressly stated, terms used in this guarantee shall have the same meaning ascribed to them in the Bidding Terms. Yours faithfully, Annex Nº 5 Telecommunications In accordance with Annex No. 1 (section 3.2, subsection l) of the Contract, the Power Line must have a primary Telecommunications system (fiber optic - OPGW), for a term of 12 months counted from and it will expire on , inclusive. Sincerely, Signature Name Financial Institutionwhich the following is agreed:

Appears in 1 contract

Samples: www.proyectosapp.pe

Time is Money Join Law Insider Premium to draft better contracts faster.