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Estados Financieros, (Inglés, Español) - Túnel San Cristóbal

Estados Financieros, (Inglés, Español) - Túnel San Cristóbal

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5. Obligations of the Concession Holder<br />

a) To legally incorporate the Concession-holding Company<br />

promised in the Technical Bid, as set forth in article 1.7.3.<br />

of the Bidding Terms and Conditions, within 60 calendar<br />

days from the publication on the Official Gazette of the<br />

supreme decree of award. Likewise, within 60 calendar days<br />

from that date, the successful bidder must subscribe, before<br />

a Notary Public, the transcriptions of the supreme decree<br />

awarding the Concession Contract, as proof of acceptance<br />

of its contents, and must notarize one of the copies with<br />

the same Notary Public, as required in article 1.7.4 of the<br />

Bidding Terms and Conditions.<br />

b) When the public deed of incorporation of the Concessionholding<br />

Company, is drawn up and executed, the company’s<br />

total capital must be subscribed. Said capital may not be<br />

less than Ch$5,700,000,000 (five billion seven hundred<br />

million pesos) and at least Ch$1,440,000,000 (one billion<br />

four hundred and forty million pesos) must be paid in cash.<br />

The balance of capital must be paid, in cash, within 12<br />

months from the date of the public deed of incorporation<br />

of the Concession-holding Company, all the foregoing in<br />

accordance with what is set forth in article 1.7.3 of the<br />

Bidding Terms and Conditions.<br />

c) Within 60 days from its date of incorporation, the Company<br />

must have applied for its registration in the Securities Register<br />

of the Superintendency of Securities and Insurance, which<br />

must be evidenced through the appropriate certificate.<br />

Once the registration in this Register has been completed<br />

and not more than 5 days later, the Company must present<br />

a certificate of such registration to the State Inspector, all of<br />

the above in accordance with article 1.7.3 of the Bidding<br />

Terms and Conditions.<br />

d) To execute, repair, preserve, exploit and operate the works<br />

that the Company has the obligation to perform, pursuant to<br />

the documents that form part of the Concession Contract,<br />

in the form, conditions, manner and terms set forth in those<br />

documents.<br />

e) To render the basic services, for which the Company is<br />

authorized to charge tariffs to the users.<br />

f) To render the compulsory special services, in accordance<br />

with article 1.10.9.1 of the Bidding Terms and Conditions.<br />

g) The Concession-holding Company paid the MOP<br />

UF142000 (one hundred and forty two thousand Unidades<br />

de Fomento for acquisitions and expropriations. This<br />

payment was made to the MOP in a single installment in<br />

June, 2005, as specified in article 1.8.8 of the Bidding Terms<br />

and Conditions.<br />

h) As set forth in articles 1.12.1.1.1 and 1.12.1.1.2 of the<br />

Bidding Terms and Conditions, the Concession-holding<br />

Company must make the following payments to the State for<br />

the Administration and Control of the Concession Contract<br />

and for Works of Art respectively:<br />

- An annual payment to the MOP for administration and<br />

control of the Concession Contract. During the Construction<br />

Stage as defined in article 1.9.2 of the Bidding Terms and<br />

Conditions, the Concession-holding Company had to pay UF<br />

40,500 (forty thousand five hundred Unidades de Fomento)<br />

in three equal installments of UF 13,500 (thirteen thousand<br />

five hundred Unidades de Fomento). The first installment was<br />

paid in January, 2006 and the two remaining installments<br />

in January, 2007 and 2008. During the Exploitation Stage,<br />

the amount to be paid for this concept will be UF 3,000<br />

(three thousand Unidades de Fomento) per year. In the first<br />

January after authorization of the Provisional Placement into<br />

Service (granted on July, 4, 2008), the Concession-holding<br />

Company had to pay, in addition to the full annual payment<br />

for 2009,the proportion of the prior year including the<br />

month in which the Provisional Placement into Service was<br />

authorized, which meant paying an additional UF 1,500.<br />

- The amount of UF 2,500 (two thousand five hundred<br />

Unidades de Fomento) for the Execution of Works of Art<br />

associated to the project. This was defined by a Special<br />

Committee convened by the Architecture Department of<br />

the Ministry of Public Works, which acted as the Technical<br />

Agency, assuming the final inspection of the works, including<br />

their contracting. must include the maintenance of such<br />

Works of Art included in the Concession. This amount was<br />

paid to the MOP in a single installment in Juy,2005.<br />

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