Common use of Default Acceptance Clause in Contracts

Default Acceptance. If the Lessee does not sign the Acceptance Certificate certifying the acceptance of any Leased Item by the Lessee within 10 (Ten) calendar days from the relevant Notification Date, and does not apply for refusal of acceptance in accordance with clause 4.4. of these General Terms and Conditions, then the acceptance of the relevant Leased Item by the Lessee is considered to have been completed at the end of the 10th (Tenth) calendar day from the relevant Notification Date. 4.5.1 Thereat, for each day of delay in the actual acceptance of the corresponding Leased Item, the Lessor shall be obliged, at the Lessor’s request, to pay a penalty for delay in the amount of 0.1% of the corresponding value of the Leased Item until the date of actual receipt of the Leased Item by the Lessee. 4.5.2 If the Lessee does not comply with the provisions of clause 4.4 of these General Terms and Conditions when accepting the Leased Item, and if the circumstances specified in clause 4.5 of these General Terms and Conditions occur, as well as provided that the Lessee has not taken the Leased Item within 10 (Ten) calendar days from the Date of Notification, the Lessor, at the Lessee’s written request, shall have the right to cancel the Acceptance Certificate that entered into force by default, in accordance with clause 4.5 of these General Terms, provided that the Lessee’s original written request with the signature of the head and the seal of the Lessee is received not later than 3 (Three) working days after the expiration of 10 (Ten) calendar days from the Notification Date. The Acceptance Certificate shall be cancelled from the date when the Lessor sends a notification to the Lessee about the cancellation of the Acceptance Certificate. 4.5.3 In case of cancellation of the Acceptance Certificate subject to clause 4.5.2 of these General Terms and Conditions, the Lessee, in addition to the penalty specified in clause 4.5.1, shall be obliged to pay the Lessor the Commission Fee specified in the relevant Agreement and the penalty in the amount of the refinancing rate of the Central Bank of the Russian Federation on the date of conclusion of the relevant Agreement (increased by a factor of 1.5) from the Cost of the Leased Item within 5 (Five) business days from the Lessor’s Invoice (Claim) Date. Thereat, the Lessor shall refund the amount of the Advance Lease Payment paid by the Lessee, less the Commission Fee, penalties specified in clauses 4.5.1 and 4.5.3 of these General Terms and Conditions, or other Payments payable by the Lessee on the date of cancellation of the Acceptance Certificate in accordance with these General Terms and Conditions and/or the Agreement. Thereat, the relevant Agreement shall terminate from the date of cancellation of the Acceptance Certificate, except for cases when the Parties conclude an additional agreement to the Agreement on changing the Leased Item. In case of cancellation of the Acceptance Certificate, the Lessee shall undertake, within 5 (Five) working days from the Lessor’s Invoice (Claim) Date, among other things, to compensate the Lessor for all expenses actually incurred by the latter related to the execution of the relevant Agreement, as well as other losses of the Lessor arising in connection with the termination of the purchase and sale agreement of the relevant Leased Item.

Default Acceptance. If the Lessee does not sign the Acceptance Certificate certifying the acceptance of any Leased Item by the Lessee within 10 (Ten) calendar days from the relevant Notification Date, and does not apply for refusal of acceptance in accordance with clause 4.4. of these General Terms and Conditions, then the acceptance of the relevant Leased Item by the Lessee is considered to have been completed at the end of the 10th (Tenth) calendar day from the relevant Notification Date. 4.5.1 Thereat, for each day of delay in the actual acceptance of the corresponding Leased Item, the Lessor shall be obliged, at the Lessor’s request, to pay a penalty for delay in the amount of 0.1[***]% of the corresponding value of the Leased Item until the date of actual receipt of the Leased Item by the Lessee. 4.5.2 If the Lessee does not comply with the provisions of clause 4.4 of these General Terms and Conditions when accepting the Leased Item, and if the circumstances specified in clause 4.5 of these General Terms and Conditions occur, as well as provided that the Lessee has not taken the Leased Item within 10 (Ten) calendar days from the Date of Notification, the Lessor, at the Lessee’s written request, shall have the right to cancel the Acceptance Certificate that entered into force by default, in accordance with clause 4.5 of these General Terms, provided that the Lessee’s original written request with the signature of the head and the seal of the Lessee is received not later than 3 (Three) working days after the expiration of 10 (Ten) calendar days from the Notification Date. The Acceptance Certificate shall be cancelled canceled from the date when the Lessor sends a notification to the Lessee about the cancellation of the Acceptance Certificate. 4.5.3 In case of cancellation of the Acceptance Certificate subject to clause 4.5.2 of these General Terms and Conditions, the Lessee, in addition to the penalty specified in clause 4.5.1, shall be obliged to pay the Lessor the Commission Fee specified in the relevant Agreement and the penalty in the amount of the refinancing rate of the Central Bank of the Russian Federation on the date of conclusion of the relevant Agreement (increased by a factor of 1.5) from the Cost of the Leased Item within 5 (Five) business days from the Lessor’s Invoice (Claim) Date. Thereat, the Lessor shall refund the amount of the Advance Lease Payment paid by the Lessee, less the Commission Fee, penalties specified in clauses 4.5.1 and 4.5.3 of these General Terms and Conditions, or other Payments payable by the Lessee on the date of cancellation of the Acceptance Certificate in accordance with these General Terms and Conditions and/or the Agreement. Thereat, the relevant Agreement shall terminate from the date of cancellation of the Acceptance Certificate, except for cases when the Parties conclude an additional agreement to the Agreement on changing the Leased Item. In case of cancellation of the Acceptance Certificate, the Lessee shall undertake, within 5 (Five) working days from the Lessor’s Invoice (Claim) Date, among other things, to compensate the Lessor for all expenses actually incurred by the latter related to the execution of the relevant Agreement, as well as other losses of the Lessor arising in connection with the termination of the purchase and sale agreement of the relevant Leased Item.