Common use of CONTRACTUAL PENALTIES Clause in Contracts

CONTRACTUAL PENALTIES. In case the Contractor breaches his obligation to remove an Error within the Time for Removal set forth in art. 4.5 hereof, the Contractor will pay the Customer for each such breach a contractual penalty calculated according to the following table: Error Categories Contractual Penalty Category A Error 0.5% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category B Error 0,2% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category C Error 0.1% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced day of delay If the Contractor breaches his obligation pursuant to art. 4.10 hereof, the Contractor will pay the Customer a contractual penalty in the amount according to the following table: Excess Contractual Penalty More than 12 hours for a calendar year, but less than or equal to 24 hours in a year 2% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 24 hours for a calendar year, but less than or equal to 48 hours in a year 5% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 48 hours for a calendar year 10% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay In addition, the Contractor will pay the Customer: a contractual penalty in the amount of CZK 7,000 for each breach of any obligation set forth in art. 4.4 and/or art. 4.6 and/or art. 4.7 and/or art. 4.9 hereof, which penalty must be paid by the Contractor even repeatedly, providing that the default status of the respective obligation continues more than two (2) Business Days, or a contractual penalty in the amount of CZK 5,000 for each breach of any obligation set forth in art. 7.5 hereof, or a single-time penalty the amount of which will be determined as a sum of the amount of CZK 20,000 and the amount corresponding to 0.1% of the Price for the Ordered Work for each day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the Defects described in the Handover Protocol within 14 (fourteen) Business Days from the day of signing of the Handover Protocol pursuant to art. 5.4.5 hereof and/or the obligation to supply the Ordered Work by the Delivery Date of the Ordered Work, or a contractual penalty of 0.1% of the amount corresponding to the twelve-times the Price for the Ordered Work for each commenced day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the detected Defects and security issues discovered during the Penetration Test described in the record on the completed Pilot Operation within 10 Business Days from the day of signing of the Record pursuant to art. 5.4.3.5 hereof. In case the Contractor breaches any obligation set forth in art. 10 hereof, including the obligation to keep a confidential character of information in relation to the use of VPN system, he will pay the Customer a contractual penalty in the amount of CZK 100,000 for each such breach. In case the Customer fails to pay the Contractor a legitimately invoiced Price for the Ordered Work within the maturity period set forth herein, he will pay the Contractor a late payment interest in the amount of 0,02% of the outstanding amount for each, even commenced, day of such delay. The Parties have agreed that for the purpose of the provisions of art. 12.1.3.2 hereof, the Customer will be entitled to claim the contractual penalty in case the Contractor is late, or when this Contract is breached upon a useless expiry of the additional time period for remedy in the length of 5 (five) Business Days from the day the Customer has delivered to the Contractor a written request to remedy related to the specific breach hereof. If one fact results in a breach of more articles hereof and therefore the Contractor's obligation to pay the contractual penalty should be constituted pursuant to two or more provisions of art. 12.1 hereof, the Contractor will pay to the Customer the contractual penalty only according to the provision of art. 12.1 hereof which constitutes the obligation to pay higher contractual penalty. Payment of the contractual penalties pursuant to this art. 12.1 hereof will be without prejudice to the right to claim damages. In case the contractual penalty is reduced by a court ruling, the Customer's right to claim damages in full remains unaffected. If any legal regulation sets a penalty for a breach of the contractual obligation (at any time during the term hereof), the Customer's right to claim damages in full will not be affected by such a claim. Should the Contractor cause to the Customer any non-material damage, he shall indemnify the Customer for it. FINAL PROVISIONS

CONTRACTUAL PENALTIES. In case the Contractor Supplier breaches his obligation to remove an Error within the Time for Removal set forth in art. 4.5 7.4 hereof, the Contractor Supplier will pay the Customer for each such breach a contractual Contractual penalty calculated according to the following table: Error Categories Contractual Penalty Category A System Error 0.51% of the amount corresponding to the twelve-times the monthly Support Service Fee for each commenced hour of delay Category B System Error 0,20.2% of the amount corresponding to the twelve-times the monthly Support Service Fee for each commenced hour of delay Category C System Error 0.1% of the amount corresponding to the twelve-times the monthly Support Service Fee for each commenced day of delay EUW Error 0.01% of the amount corresponding to the twelve-times the monthly Service Fee for each commenced hour of delay If the Contractor Supplier breaches his obligation pursuant to art. 4.10 7.14 hereof, the Contractor Supplier will pay the Customer a contractual Contractual penalty in the amount according to the following table: Excess Contractual Penalty More than 6 hours for a calendar year, but less than or equal to 12 hours in a year 1,5% of the amount corresponding to the twelve-times the Service Fee for each commenced hour of delay More than 12 hours for a calendar year, but less than or equal to 24 hours in a year 22,5% of the amount corresponding to the twelve-times the Support Service Fee for each commenced hour of delay More than 24 hours for a calendar year, but less than or equal to 48 hours in a year 53% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 48 hours for a calendar year 10% of the amount corresponding to the twelve-times the Support Service Fee for each commenced hour of delay In addition, the Contractor Supplier will pay the Customer: a contractual Contractual penalty in the amount which will be determined as a sum of the amount of CZK 10,000 and the amount corresponding to 0.5% of the Service Fee for each day of delay in proper fulfilment of the terms set in Annex 6. hereof (Implementation Time Schedule) , or a Contractual penalty in the amount of CZK 7,000 10,000 (in words: ten thousand Czech crowns) for each breach of any obligation set forth in art. 4.4 and/or art. 4.6 and/or art. 4.7 and/or art. 4.9 4.1 hereof, which penalty must be paid by the Contractor Supplier even repeatedly, providing that the default status of the respective obligation continues more than two (2) Business Days, or a contractual Contractual penalty in the amount of CZK 5,000 10,000 (in words: ten thousand Czech crowns) for each breach of any the obligation set forth in art. 7.5 7.3.1 hereof, or a single-time penalty the amount of which will be determined as a sum of the amount of CZK 20,000 and the amount corresponding to 0.1% of the Price for the Ordered Work for each day of delay in proper fulfilment of the obligation in case the Contractor Supplier breaches his obligation to hand over the Ordered Work or remove the Defects described in the Handover Protocol within 14 (fourteen) Business Days from the day of signing of the Handover Protocol pursuant to art. 5.4.5 9.8 hereof and/or the obligation to supply the Ordered Work by the Delivery Date of the Ordered Work, or a contractual Contractual penalty of 0.1% of the amount corresponding to the twelve-times the Price for the Ordered Work Service Fee for each commenced day of delay in proper fulfilment of the obligation in case the Contractor Supplier breaches his obligation to remove the detected Defects and security issues discovered during the Penetration Test described in the record on the completed Pilot Operation within 10 20 Business Days from the day of signing of the Record or any other agreed term, pursuant to art. 5.4.3.5 4.11.6 hereof. In case the Contractor Supplier breaches any obligation set forth in art. 10 XIII. hereof, including the obligation to keep a confidential character of information in relation to the use of VPN system, he will pay the Customer a contractual Contractual penalty in the amount of CZK 100,000 for each such breach. In case the Customer fails to pay the Contractor Supplier a legitimately invoiced Price for the Ordered Work within the maturity period set forth herein, he will pay the Contractor Supplier a late payment interest in the amount of 0,02% of the outstanding amount for each, even commenced, day of such delay. The Parties have agreed that for the purpose of the provisions of art. 12.1.3.2 hereof, the Customer will be entitled to claim the contractual penalty in case the Contractor is late, or when this Contract is breached upon a useless expiry of the additional time period for remedy in the length of 5 (five) Business Days from the day the Customer has delivered to the Contractor a written request to remedy related to the specific breach hereof. If one fact results in a breach of more articles hereof and therefore the ContractorSupplier's obligation to pay the contractual Contractual penalty should be constituted pursuant to two or more provisions of art. 12.1 12. hereof, the Contractor Supplier will pay to the Customer the contractual Contractual penalty only according to the provision of art. 12.1 12. hereof which constitutes the obligation to pay higher contractual Contractual penalty. Payment of The penalties claimed by the contractual penalties Customer pursuant to this art. 12.1 hereof will be without prejudice to Agreement within 12 consecutive months shall not exceed the right to claim damages. In case the contractual penalty is reduced by a court ruling, the Customer's right to claim damages in full remains unaffected. If any legal regulation sets a penalty for a breach amount of the contractual obligation (at any time during twelve-times the term hereof), the Customer's right to claim damages in full will not be affected by such a claim. Should the Contractor cause to the Customer any non-material damage, he shall indemnify the Customer for it. FINAL PROVISIONSMonthly Fee.

CONTRACTUAL PENALTIES. In case the Contractor breaches his obligation to remove an Error within the Time for Removal set forth in art. 4.5 hereof, the Contractor will pay the Customer for each such breach a contractual penalty calculated according to the following table: Error Categories Contractual Penalty Category A Error 0.5% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category B Error 0,2% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category C Error 0.1% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced day of delay If the Contractor breaches his obligation pursuant to art. 4.10 hereof, the Contractor will pay the Customer a contractual penalty in the amount according to the following table: Excess Contractual Penalty More than 12 hours for a calendar year, but less than or equal to 24 hours in a year 2% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 24 hours for a calendar year, but less than or equal to 48 hours in a year 5% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 48 hours for a calendar year 10% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay In addition, the Contractor will pay the Customer: a contractual penalty in the amount of CZK 7,000 for each breach of any obligation set forth in art. 4.4 and/or art. 4.6 and/or art. 4.7 and/or art. 4.9 hereof, which penalty must be paid by the Contractor even repeatedly, providing that the default status of the respective obligation continues more than two (2) Business Days, or a contractual penalty in the amount of CZK 5,000 for each breach of any obligation set forth in art. 7.5 hereof, or a single-time penalty the amount of which will be determined as a sum of the amount of CZK 20,000 and the amount corresponding to 0.1% of the Price for the Ordered Work for each day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the Defects described in the Handover Protocol within 14 (fourteen) Business Days from the day of signing of the Handover Protocol pursuant to art. 5.4.5 5.4.4 hereof and/or the obligation to supply the Ordered Work by the Delivery Date of the Ordered Work, or a contractual penalty of 0.1% of the amount corresponding to the twelve-times the Price for the Ordered Work for each commenced day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the detected Defects and security issues discovered during the Penetration Test described in the record on the completed Pilot Operation within 10 Business Days from the day of signing of the Record pursuant to art. 5.4.3.5 hereof. In case the Contractor breaches any obligation set forth in art. 10 10. hereof, including the obligation to keep a confidential character of information in relation to the use of VPN system, he will pay the Customer a contractual penalty in the amount of CZK 100,000 for each such breach. In case the Customer fails to pay the Contractor a legitimately invoiced Price for the Ordered Work within the maturity period set forth herein, he will pay the Contractor a late payment interest in the amount of 0,02% of the outstanding due amount for each, even commenced, day of such delay. The Parties have agreed that for the purpose of the provisions of art. 12.1.3.2 hereof, the Customer will be entitled to claim the contractual penalty in case the Contractor is late, or when this Contract is breached upon a useless expiry of the additional time period for remedy in the length of 5 (five) Business Days from the day the Customer has delivered to the Contractor a written request to remedy related to the specific breach hereof. If one fact results in a breach of more articles hereof and therefore the Contractor's obligation to pay the contractual penalty should be constituted pursuant to two or more provisions of art. 12.1 hereof, the Contractor will pay to the Customer the contractual penalty only according to the provision of art. 12.1 hereof which constitutes the obligation to pay higher contractual penalty. Payment of the contractual penalties pursuant to this art. 12.1 hereof will be without prejudice to the right to claim damages. In case the contractual penalty is reduced by a court ruling, the Customer's right to claim damages in full remains unaffected. If any legal regulation sets a penalty for a breach of the contractual obligation (at any time during the term hereof), the Customer's right to claim damages in full will not be affected by such a claim. Should the Contractor cause to the Customer any non-material damage, he shall indemnify the Customer for it. FINAL PROVISIONS

CONTRACTUAL PENALTIES. In case the Contractor breaches his obligation to remove an Error within the Time for Removal set forth in art. 4.5 hereof, the Contractor will pay the Customer for each such breach a contractual penalty calculated according to the following table: Error Categories Contractual Penalty Category A Error 0.5% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category B Error 0,2% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category C Error 0.1% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced day of delay If the Contractor breaches his obligation pursuant to art. 4.10 hereof, the Contractor will pay the Customer a contractual penalty in the amount according to the following table: Excess Contractual Penalty More than 12 hours for a calendar year, but less than or equal to 24 hours in a year 2% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 24 hours for a calendar year, but less than or equal to 48 hours in a year 5% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 48 hours for a calendar year 10% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay In addition, the Contractor will pay the Customer: a contractual penalty in the amount of CZK 7,000 for each breach of any obligation set forth in art. 4.4 and/or art. 4.6 and/or art. 4.7 4.8 and/or art. 4.9 4.10 hereof, which penalty must be paid by the Contractor even repeatedly, providing that the default status of the respective obligation continues more than two (2) Business Days, or a contractual penalty in the amount of CZK 5,000 for each breach of any obligation set forth in art. 7.5 hereof, or a single-time penalty the amount of which will be determined as a sum of the amount of CZK 20,000 and the amount corresponding to 0.1% of the Price for the Ordered Work for each day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the Defects described in the Handover Protocol within 14 (fourteen) Business Days from the day of signing of the Handover Protocol pursuant to art. 5.4.5 5.4.4 hereof and/or the obligation to supply the Ordered Work by the Delivery Date of the Ordered Work, or a contractual penalty of 0.1% of the amount corresponding to the twelve-times the Price for the Ordered Work for each commenced day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the detected Defects and security issues discovered during the Penetration Test described in the record on the completed Pilot Operation within 10 Business Days from the day of signing of the Record pursuant to art. 5.4.3.5 hereof. In case the Contractor breaches any obligation set forth in art. 10 10. hereof, including the obligation to keep a confidential character of information in relation to the use of VPN system, he will pay the Customer a contractual penalty in the amount of CZK 100,000 for each such breach. In case the Contractor breaches any obligation set forth in art. 3.1.2 hereof he will deliver to the Customer for free every particular Consumable Spare which won’t be available to the Customer due to wrong determination from the Contractor. In case the Customer fails to pay the Contractor a legitimately invoiced Price for the Ordered Work within the maturity period set forth herein, he will pay the Contractor a late payment interest in the amount of 0,02% of the outstanding amount for each, even commenced, day of such delay. The Parties have agreed that for the purpose of the provisions of art. 12.1.3.2 hereof, the Customer will be entitled to claim the contractual penalty in case the Contractor is late, or when this Contract is breached upon a useless expiry of the additional time period for remedy in the length of 5 (five) Business Days from the day the Customer has delivered to the Contractor a written request to remedy related to the specific breach hereof. If one fact results in a breach of more articles hereof and therefore the Contractor's obligation to pay the contractual penalty should be constituted pursuant to two or more provisions of art. 12.1 hereof, the Contractor will pay to the Customer the contractual penalty only according to the provision of art. 12.1 hereof which constitutes the obligation to pay higher contractual penalty. Payment of the contractual penalties pursuant to this art. 12.1 hereof will be without prejudice to the right to claim damages. In case the contractual penalty is reduced by a court ruling, the Customer's right to claim damages in full remains unaffected. If any legal regulation sets a penalty for a breach of the contractual obligation (at any time during the term hereof), the Customer's right to claim damages in full will not be affected by such a claim. Should the Contractor cause to the Customer any non-material damage, he shall indemnify the Customer for it. FINAL PROVISIONS

CONTRACTUAL PENALTIES. In case the Contractor breaches his obligation to remove an Error within the Time for Removal set forth in art. 4.5 hereof, the Contractor will pay the Customer for each such breach a contractual penalty calculated according to the following table: Error Categories Contractual Penalty Category A Error 0.5% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category B Error 0,2% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced hour of delay Category C Error 0.1% of the amount corresponding to the twelve-times the monthly Support Fee for each commenced day of delay If the Contractor breaches his obligation pursuant to art. 4.10 hereof, the Contractor will pay the Customer a contractual penalty in the amount according to the following table: Excess Contractual Penalty More than 12 hours for a calendar year, but less than or equal to 24 hours in a year 2% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 24 hours for a calendar year, but less than or equal to 48 hours in a year 5% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay More than 48 hours for a calendar year 10% of the amount corresponding to the twelve-times the Support Fee for each commenced hour of delay In addition, the Contractor will pay the Customer: a contractual penalty in the amount of CZK 7,000 for each breach of any obligation set forth in art. 4.4 and/or art. 4.6 and/or art. 4.7 4.8 and/or art. 4.9 4.10 hereof, which penalty must be paid by the Contractor even repeatedly, providing that the default status of the respective obligation continues more than two (2) Business Days, or a contractual penalty in the amount of CZK 5,000 for each breach of any obligation set forth in art. 7.5 hereof, or a single-time penalty the amount of which will be determined as a sum of the amount of CZK 20,000 and the amount corresponding to 0.1% of the Price for the Ordered Work for each day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the Defects described in the Handover Protocol within 14 (fourteen) Business Days from the day of signing of the Handover Protocol pursuant to art. 5.4.5 5.4.6 hereof and/or the obligation to supply the Ordered Work by the Delivery Date of the Ordered Work, or a contractual penalty of 0.1% of the amount corresponding to the twelve-times the Price for the Ordered Work for each commenced day of delay in proper fulfilment of the obligation in case the Contractor breaches his obligation to remove the detected Defects and security issues discovered during the Penetration Test described in the record on the completed Pilot Operation within 10 Business Days from the day of signing of the Record pursuant to art. 5.4.3.5 5.4.5.5 hereof. In case the Contractor breaches any obligation set forth in art. 10 hereof, including the obligation to keep a confidential character of information in relation to the use of VPN system, he will pay the Customer a contractual penalty in the amount of CZK 100,000 for each such breach. In case the Customer fails to pay the Contractor a legitimately invoiced Price for the Ordered Work within the maturity period set forth herein, he will pay the Contractor a late payment interest in the amount of 0,02% of the outstanding amount for each, even commenced, day of such delay. The Parties have agreed that for the purpose of the provisions of art. 12.1.3.2 hereof, the Customer will be entitled to claim the contractual penalty in case the Contractor is late, or when this Contract is breached upon a useless expiry of the additional time period for remedy in the length of 5 (five) Business Days from the day the Customer has delivered to the Contractor a written request to remedy related to the specific breach hereof. If one fact results in a breach of more articles hereof and therefore the Contractor's obligation to pay the contractual penalty should be constituted pursuant to two or more provisions of art. 12.1 hereof, the Contractor will pay to the Customer the contractual penalty only according to the provision of art. 12.1 hereof which constitutes the obligation to pay higher contractual penalty. Payment of the contractual penalties pursuant to this art. 12.1 hereof will be without prejudice to the right to claim damages. In case the contractual penalty is reduced by a court ruling, the Customer's right to claim damages in full remains unaffected. If any legal regulation sets a penalty for a breach of the contractual obligation (at any time during the term hereof), the Customer's right to claim damages in full will not be affected by such a claim. Should the Contractor cause to the Customer any non-material damage, he shall indemnify the Customer for it. FINAL PROVISIONS