Common use of Sanctions Clause in Contracts

Sanctions. In the event of the Customer's delay in paying the monthly invoice within the due date, the provider is entitled to interest on arrears in the amount determined by Government Decree no. 21/2013 Coll., Which implements the provisions of the Commercial Code as amended by Government Regulation no. 303/2014 Coll. In the event of a breach of any obligation under this Agreement by the Provider, the Client shall be entitled to pay a contractual penalty by the Provider of 100.00 € for each case of breach of an obligation under this Agreement. In the event of the provider's delay in providing the service within the agreed period, the customer is entitled to payment of a contractual penalty by the provider in the amount of 0.25% of the price of the service with which the provider is in delay, for each day of delay. The application of a fine under this Article of the Agreement shall not affect the right of the Customer to compensation for damages above the contractual penalty. Article VIII. Withdraw from the Agreement and Termination Either Party may withdraw from this Agreement immediately in the event of a substantial breach of its obligations under this Agreement and seek compensation for damage caused by the other Party. The Parties agree to consider as a substantial breach of the obligation: breach of duty under the conditions specified in para. § 345 par. 2 of the Commercial Code, or a repeated breach of this Agreement. The Customer is entitled to withdraw from this framework agreement immediately in accordance with Art. VI par. 10 of the Framework Agreement. Withdrawal from the Agreement shall be notified to the other Party in writing, stating the reasons for the withdrawal why the party withdraws from the agreement. This Agreement may be terminated by agreement of the Parties or by termination without giving any reason, which shall be in writing and delivered to the other Party. The notice period is one month and begins on the first day of the month following the delivery of the notice. Article IX. Final provisions This Agreement may be amended or amended following generally binding legislation only by written and numbered amendments which, upon signature by both parties to the Agreement and into force, shall form an integral part of this Agreement. Agreement shall enter into force on the date of signature by both parties to the Agreement and shall take effect on the day following the day of its publication in the Central Register of Contracts of the Office of the Government of the Slovak Republic. This Agreement is concluded for 12 months, resp. until the financial limit is met, whichever is the earlier. If any provision of this Agreement becomes invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remainder of this Agreement. In such a case, the parties to the agreement undertake to replace the invalid or unenforceable provisions of this agreement with new provisions, valid and enforceable, which shall have the closest legal significance and effect as the provision to be replaced. Parties to the Agreement undertake to resolve any disputes that may arise under this Agreement by seeking a solution to an agreement acceptable to both Parties to the Agreement. If the dispute is not settled in this way, the dispute will be referred to the competent court of the Slovak Republic for resolution. Parties to the Agreement are obliged to inform each other in writing of changes in all facts that are decisive for the fulfillment of obligations arising from this agreement, in particular change of trade name, legal form, bank details, registered office address, and correspondence address. Parties agree that any documents arising from the legal relationship established by this Agreement (such as invoices, claim for damages, claim for late payment, termination, or withdrawal from this Agreement) shall be deemed to have been delivered even if the registered item addressed to the registered office of one of the Parties to the Agreement is returned to the other Party as uncollected (for example, due to refusal to accept the document or failure to receive the document within the collection period, or due to an unknown addressee); in that case, the document shall be deemed to have been delivered on the day on which the letter was returned to the sender, even if the addressee did not become aware of it. The Agreement is made in 4 copies of the same legal force, of which after signing the Customer receives 3 copies and the Provider 1 copy. The Parties to the Agreement declare that they have concluded this agreement freely and seriously, have not concluded it in distress and under noticeably unfavorable conditions, under mental or physical pressure, have read the agreement properly, understood its content, consider it unambiguous, definite and comprehensible and hand signed it as a sign of consent. Integral parts of this Agreement: Annex no. 1: Scope of services and price calculation In …………………….. on ....................... For and on behalf of the Provider: .................................................. In Košice on ............................ For and on behalf of the Customer: ...................................................... prof. RNDr. ▇▇▇▇▇ ▇▇▇▇▇, CSc., Rector

Sanctions. In the event of the Customer's delay in paying the monthly invoice within the due date, the provider is entitled to interest on arrears in the amount determined by Government Decree no. 21/2013 Coll., Which implements the provisions of the Commercial Code as amended by Government Regulation no. 303/2014 Coll. In the event of a breach of any obligation under this Agreement by the Provider, the Client Customer shall be entitled to pay a contractual penalty by the Provider of 100.00 € for each case of breach of an obligation under this Agreement. In the event of the provider's delay in providing the service within the agreed period, the customer is entitled to payment of a contractual penalty by the provider in the amount of 0.25% of the price of the service with which the provider is in delay, for each day of delay. The application of a fine under this Article of the Agreement shall not affect the right of the Customer to compensation for damages above the contractual penalty. Article VIII. Withdraw from the Agreement and Termination Either Party may withdraw from this Agreement immediately in the event of a substantial breach of its obligations under this Agreement and seek compensation for damage caused by the other Party. The Parties agree to consider as a substantial breach of the obligation: breach of duty under the conditions specified in para. § 345 par. 2 of the Commercial Code, or a repeated breach of this Agreement. The Customer is entitled to withdraw from this framework agreement immediately in accordance with Art. VI par. 10 of the Framework Agreement. Withdrawal from the Agreement shall be notified to the other Party in writing, stating the reasons for the withdrawal why the party withdraws from the agreement. This Agreement may be terminated by agreement of the Parties or by termination without giving any reason, which shall be in writing and delivered to the other Party. The notice period is one month and begins on the first day of the month following the delivery of the notice. Article IX. Final provisions This Agreement may be amended supplemented or amended following generally binding legislation only by written and numbered amendments which, upon signature by both parties to the Agreement and into force, shall form an integral part of this Agreement. Agreement shall enter into force on the date of signature by both parties to the Agreement and shall take effect upon completion of the financial control, unless the provider of the EU contribution has identified deficiencies which would or could affect the outcome of the public procurement, the date of delivery of the control report to the beneficiary being decisive, however not earlier than the day following the day of publication of this agreement in the Central Register of Contracts kept by the Office of the Government of the Slovak Republic in accordance with para. § 47a of Act no. 40/1964 Coll. Civil Code as amended in connection with Art. § 5a of Act no. 211/2000 Coll. on Free Access to Information and on Amendments to Certain Acts (Freedom of Information Act) as amended. If deficiencies were identified within the financial control of the public procurement that had or could have affected the result of the public procurement, the Framework Agreement shall enter into force upon approval of the Customer as the beneficiary with the amount of ex ante financial correction stated in the inspection report and cumulative fulfilment of according to the Methodical instruction of the CCA no. 5, which regulates the procedure for determining financial corrections for public procurement, but not earlier than the day following the day of publication of this agreement in the Central Register of Contracts kept by the Office of the Government of the Slovak Republic in accordance with Art. § 47a of Act no. 40/1964 Coll. Civil Code as amended in connection with Art. § 5a of Act no. 211/2000 Coll. on Free Access to Information and on Amendments to Certain Acts (Freedom of Information Act) as amended on the day following the day of its publication in the Central Register of Contracts of the Office of the Government of the Slovak Republic. This Agreement is concluded for 12 months, resp. until the financial limit is met, whichever is the earlier. If any provision of this Agreement becomes invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remainder of this Agreement. In such a case, the parties to the agreement undertake to replace the invalid or unenforceable provisions of this agreement with new provisions, valid and enforceable, which shall have the closest legal significance and effect as the provision to be replaced. Parties to the Agreement undertake to resolve any disputes that may arise under this Agreement by seeking a solution to an agreement acceptable to both Parties to the Agreement. If the dispute is not settled in this way, the dispute will be referred to the competent court of the Slovak Republic for resolution. Parties to the Agreement are obliged to inform each other in writing of changes in all facts that are decisive for the fulfillment fulfilment of obligations arising from this agreement, in particular change of trade name, legal form, bank details, registered office address, and correspondence address. Parties agree that any documents arising from the legal relationship established by this Agreement (such as invoices, claim for damages, claim for late payment, termination, or withdrawal from this Agreement) shall be deemed to have been delivered even if the registered item addressed to the registered office of one of the Parties to the Agreement is returned to the other Party as uncollected (for example, due to refusal to accept the document or failure to receive the document within the collection period, or due to an unknown addressee); in that case, the document shall be deemed to have been delivered on the day on which the letter was returned to the sender, even if the addressee did not become aware of it. The Agreement is made in 4 copies of the same legal force, of which after signing the Customer receives 3 copies and the Provider 1 copy. The Parties to the Agreement declare that they have concluded this agreement freely and seriously, have not concluded it in distress and under noticeably unfavorable unfavourable conditions, under mental or physical pressure, have read the agreement properly, understood its content, consider it unambiguous, definite and comprehensible and hand signed it as a sign of consent. Integral parts of this Agreement: Annex no. 1: Scope of services and price calculation In …………………….. on ....................... For and on behalf of the Provider: .................................................. In Košice on ............................ For and on behalf of the Customer: ...................................................... prof. RNDr. ▇▇▇▇▇ ▇▇▇▇▇, CSc., RectorRector Predmet plnenia: „Genetické vyšetrenia v rámci projektu DSV OPENMED, časť A: Rozsiahle komplexné panelové/array testovanie na neurodegeneratívne ochorenia pomocou Illumina Global screening array v 3.0” Objednávateľ: Univerzita ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ v Košiciach, Šrobárova 2, 041 80 Košice Poskytovateľ: .......................................................................................... Genetické vyšetrenia Pacient 1310 V .................................dňa ............................... .............................................................. Subject of performance: "Genetic testing within the DSV OPENMED project, part A: Comprehensive panel/array testing for neurodegenerative diseases using the Illumina Global screening array v 3.0”