Common use of Annex No Clause in Contracts

Annex No. In the event of a conflict between these Annexes, the higher-quality solution complying with higher level technical requirements shall have precedence. The Seller represents that it has all the professional prerequisites required for the supply of the subject of performance under this Contract, is authorised to supply the subject of performance and there exist no obstacles on the part of the Seller that would prevent the Seller from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers the Seller’s participation in the tender, provided that the Seller complied with all qualification requirements, as the confirmation of the fact that the Seller is capable, within the meaning of Sec 5(1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and care that is associated and expected of the Seller’s profession, and that the Seller’s potential performance lacking such professional care would give rise to corresponding liability on the Seller’s part. The Seller is prohibited from misusing his qualities as the expert or his economic position in order to create or exploit dependency of the weaker party or to establish an unjustified imbalance in the mutual rights and obligation of the Parties. The Seller acknowledges that the Buyer is not, in connection to the subject of this Contract, an entrepreneur, and also that the subject of this contract is not related to any business activities of the Buyer. The Seller acknowledges that the deadlines for the performance / delivery of the subject of this Contract in the quality as set out in Annexes No. 1 and 2 hereto are of essential importance for the Buyer in view of the schedule of activities within the Project. The Project end on 30 June 2015 and all activities under the Project a must be completed as of this date including any performance hereunder (i.e. incl. handover and invoicing). In case the Seller fails to observe these contractual terms, the Buyer may incur damage. The Seller declares that he accepts the “risk of changed circumstances” within the meaning of Sec 1765(2) of the Civil Code. The Contractual Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learned in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provision does not prejudice obligations on the part of the Buyer arising from valid legislation.

Annex No. In the event of a conflict between these Annexes, the higher-quality solution complying with higher level technical requirements shall have precedence. The Seller represents that it has all the professional prerequisites required for the supply of the subject of performance under this Contract, is authorised to supply the subject of performance and there exist no obstacles on the part of the Seller that would prevent the Seller from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers the Seller’s participation in the tender, provided that the Seller complied with all qualification requirements, as the confirmation of the fact that the Seller is capable, within the meaning of Sec 5(1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and care that is associated and expected of the Seller’s profession, and that the Seller’s potential performance lacking such professional care would give rise to corresponding liability on the Seller’s part. The Seller is prohibited from misusing his qualities as the expert or his economic position in order to create or exploit dependency of the weaker party or to establish an unjustified imbalance in the mutual rights and obligation of the Parties. The Seller acknowledges that the Buyer is not, not in connection to the subject of this Contract, an entrepreneur, and also that the subject of this contract is not related to any business activities of the Buyer. The Seller acknowledges that the deadlines for the performance / delivery of the subject of this Contract in the quality as set out in Annexes No. 1 and 2 hereto (i.e. incl. handover and invoicing) are of essential importance for the Buyer in view of the schedule of activities within the Project. The Project end on 30 June 2015 and all activities under the Project a must be completed as of this date including any performance hereunder (i.e. incl. handover and invoicing). In case the Seller fails to observe these contractual terms, the Buyer may incur damage. The Seller declares that he accepts the “risk of changed circumstances” within the meaning of Sec 1765(2) of the Civil Code. The Contractual Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learned in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provision does not prejudice obligations on the part of the Buyer arising from valid legislation.

Annex No. In the event of a conflict between these Annexes, the higher-quality solution complying with higher level technical requirements shall have precedence. The Seller Contractor represents that it has all the professional prerequisites required for the supply of the subject of performance under this Contract, is authorised to supply the subject of performance and there exist no obstacles on the part of the Seller Contractor that would prevent the Seller Contractor from supplying the subject of this Contract to the BuyerClient. The Seller Contractor acknowledges that the Buyer Client considers the SellerContractor’s participation in the tender, provided that the Seller Contractor complied with all qualification requirements, as the confirmation of the fact that the Seller Contractor is capable, within the meaning of Sec 5(1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and care that is associated and expected of the SellerContractor’s profession, and that the SellerContractor’s potential performance lacking such professional care would give rise to corresponding liability on the SellerContractor’s part. The Seller Contractor is prohibited from misusing his qualities as the expert or his economic position in order to create or exploit dependency of the weaker party or to establish an unjustified imbalance in the mutual rights and obligation of the Parties. The Seller Contractor acknowledges that the Buyer Client is not, in connection to the subject of this Contract, an entrepreneur, and also that the subject of this contract is not related to any business activities of the BuyerClient. The Seller Contractor acknowledges that the deadlines for the performance / delivery of the subject of this Contract in the quality as set out in Annexes No. 1 and 2 hereto are of essential importance for the Buyer Client in view of the schedule of activities within the Project. The Project end on 30 June 2015 and all activities under the Project a must be completed as of this date including any performance hereunder (i.e. incl. handover and invoicing). In case the Seller Contractor fails to observe these contractual terms, the Buyer Client may incur damage. The Seller Contractor declares that he accepts should there be a change in the “risk of changed circumstances” circumstances within the meaning of Sec 1765(2) of the Civil CodeCode he accepts this “risk of changed circumstances”. The Contractual Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learned in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provision does not prejudice obligations on the part of the Buyer Client arising from valid legislation.