Common use of NON-PERFORMANCE OR UNDUE PERFORMANCE OF THE CONTRACT Clause in Contracts

NON-PERFORMANCE OR UNDUE PERFORMANCE OF THE CONTRACT. 11.1 In the event of non-performance or undue performance by the Supplier of the Deliveries as a result of circumstances for which the Supplier is not responsible, PAH shall give the Supplier an additional time period for the performance of the Deliveries. The Supplier invoking the circumstances referred to above, shall provide PAH with documents confirming that the circumstances have occurred and the time of their duration or shall otherwise prove that they have occurred. If, however, any Deliveries are not completed within 20 Business Days from the date on which it was to be delivered to PAH, the Contract shall be terminated unless the Parties resolve otherwise in writing. 11.2 In the event of non-performance of the Deliveries for reasons attributable to the Supplier and a failure to make the Deliveries to PAH within the time limit set in the Contract (unless the circumstances contemplated in Article 11.1 occur), PAH shall have the right to reduce the payment for Deliveries at the rate of 4% of the net payment determined in Article V of the Contract for each day of Delay counting from the Final Date for the performance of the Deliveries set in the Contract. 11.3 If the Supplier’s Delay exceeds 15 Business Days, regardless of the right to reduce the payment as referred to in Article 11.2 above, PAH shall have the right to renounce of the Contract and to claim a Contractual Penalty of 25% of the net payment due for the Deliveries specified in Article V of the Contract. 11.4 In the event of Deliveries which are defective or inconsistent with the Contract, PAH shall give the Supplier a period (not exceeding 7 Business Days) for removal of any defects detected. After this period lapses to no effect, PAH shall have the right to cancel the Delivery with the right to demand a Contractual Penalty of 25% of the net payment due for the Deliveries specified in Article V of the Contract. 11.5 Setting an additional time period in the circumstances referred to in Article 4 above shall not exclude PAH’s right to reduce the payment due to the Supplier in accordance with the principles applied in the case of the Delay, set out in Article 11.2. 11.6 If as a result of non-performance or undue performance of the Contract PAH suffers damage exceeding the amount of the Contractual Penalty, it shall have the right to demand damages in accordance with generally applicable rules regulated in the Civil Code.

NON-PERFORMANCE OR UNDUE PERFORMANCE OF THE CONTRACT. 11.1 11.1. In the event of non-performance or undue performance by the Supplier Service Provider of the Deliveries Services as a result of circumstances for which the Supplier Service Provider is not responsible, PAH shall give the Supplier Service Provider an additional time period for the performance of the DeliveriesServices. The Supplier Service Provider invoking the circumstances referred to above, shall provide PAH with documents confirming that the circumstances have occurred and the time of their duration or shall otherwise prove that they have occurred. If, however, any Deliveries Services are not completed within 20 Business Days from the date on which it was to be delivered to PAH, the Contract shall be terminated unless the Parties resolve otherwise in writing. 11.2 11.2. In the event of non-performance of the Deliveries Services for reasons attributable to the Supplier Service Provider and a failure to make deliver the Deliveries Services to PAH within the time limit set in the Contract (unless the circumstances contemplated in Article 11.1 occur), PAH shall have the right to reduce the payment fee for Deliveries Services at the rate of 4% of the net payment fee determined in Article V of the Contract for each day of Delay counting from the Final Date for the performance of the Deliveries Services set in the Contract. 11.3 11.3. If the SupplierService Provider’s Delay exceeds 15 Business Days, regardless of the right to reduce the payment fee as referred to in Article 11.2 above, PAH shall have the right to renounce of the Contract and to claim a Contractual Penalty of 25% of the net payment fee due for the Deliveries Services specified in Article V of the Contract. 11.4 11.4. In the event of Deliveries which are defective or inconsistent with the Contract, undue performance of Services PAH shall give the Supplier Service Provider a period (not exceeding 7 Business Days) for removal of any defects detected. After this period lapses to no effect, PAH shall have the right to cancel renounce the Delivery Contract with the right to demand a Contractual Penalty of 25% of the net payment fee due for the Deliveries Services specified in Article V of the Contract. 11.5 11.5. Setting an additional time period in the circumstances referred to in Article 4 above shall not exclude PAH’s right to reduce the payment fee due to the Supplier Service Provider in accordance with the principles applied in the case of the Delay, set out in Article 11.2. 11.6 11.6. If as a result of non-performance or undue performance of the Contract PAH suffers damage exceeding the amount of the Contractual Penalty, it shall have the right to demand damages in accordance with generally applicable rules regulated in the Civil Code.