EFTA01367218.pdf

Amendment #4 Page 789 of 868 192 Environmental commitments As part d the Enerronmentai License for the Protect granted by SERNA the Company committed to certain requirements dtnlg tre construction and operation phases of the Protect Those requirements contemplate establistvnent of a reforestation plan mantaining a kg of environmental incidents, proper management of waste matelots, and submission or environmental complance reports penoicaliy to SERNA among others. The Company has copped with the erwironmental laws and SEAN* requirements as of Ire dates of the financial statements 192 Cerro de Hula's send park expansion The Company e-iered into a Turnkey Engneenng Procurement and Constrtection Ageerrent ('EPC') with Gamesa HC US LLC. (*Damsel and lberdrola InrriertayConstruccen Mexico S A de C V riterdrolal to construd the Project Expansion. The EPC was signed on Apt 24 2013 forams' pence of UU... 51.594.145 As or Decanter 31, 2014 Erergta Efface had Stacy aoarced an anent of USS43,934.121 to Gamesa and bemire., which is included under property, plant and egupment 19.4 Wind park makitenance The Company, Gamete and Iberdrola entered into a Maintenance and Service Agreement on June 24, 2010 that was subsequently amended on April 24, 2012 to ensure that the Project we iterate as techrscally designed after its constructico Under INS agreement, Gamete and Ibeards gmorantee that the Project we meet an average availability on the turDrie equipment of no less than 97% tegnneg on the second annvemary of the Projects si.tetantel completion vetch occurred on April 24, 2014 Maintenance services began on Apr1 24 2012 andIre total fee sues USS1 726 520 The result of the plant availability below the guaranteed value was recognized in the 2013 statement of comprehensive income as 'net revenue from availability, liqudated damages' (as a component of other revenue) for uSS302 738 (2014 US$0) This resulted eon Games/Zs ccomarrent that the wind perk ward reach a measured average availability or ro less than 95% during the first yearend 97%i:bring the second year of The warranty period (from April 24. 2012 tO April 24. 2014) as defined in the Engineering, Procurement and Constructon Agreement (EPC) eared between the Company and Garnesa and lberdrots Viten the guaranteed average availability was rot met Gainesa compensated Energla Entice with lqudated damages based on the kirrrola estabashed in the EPC. A Menterenze and Service Agreement was also sgred by the Content. Geneva and I berceola on April 24. 2013 for the Prcied Etpansial This agreement will tale effect upon abstanbal cornealon which is berg agreed in 2015 to refroadmeir take place on Decreer 14, 2014 19.6 °pending lasses-Company as teas e The Company has entered into several operabrg lease contracts as lessee for the rental d land on which a significant porton of the vas] park is located The lease terms extend up to 25 years renewed, upon maturity for an ad:Menai 20-year term Most of the lease agreements have been estateshed b Lerrpras although some are in US dollars. and the rental fee it. pad on a quarterly bass Rental lees are sipped to an illation adjustment. based On Re Honduran inflation as putasted by Banco de Honduras after the second year of commencement of the ageement The Compel, / also has entered irto other minor lease agreements for offices and equpmere F-469 http://cfdocs.btogo.com:27638/cf/drv7/pub/edgar/2015/07/20/0001193125-15-256461/d78... 7/20/2015 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0058746 CONFIDENTIAL SDNY_GM_00204930 EFTA01367218