Common use of FUNDAMENTAL PROVISIONS Clause in Contracts

FUNDAMENTAL PROVISIONS. The Buyer is a public research institution whose primary activity is excellent scientific research in the area of physics, especially elementary particles physics, condensed systems, plasma and optics. The Buyer wishes to acquire the subject of performance hereof in order to carry out cosmological N-Body simulations, solve non-linear partial differential equations on a lattice and to perform Monte Carlo Markov Chain based parameter estimation. The Buyer is the beneficiary of the subsidy for the project "Cosmology, Gravitation and Dark Sector – CoGraDS", Reg. No CZ.02.1.01/0.0/0.0/15_003/0000437 (hereinafter the “Project”), within the Operational Program Research, Development and Education (hereinafter the “OP RDE”) of the provider Ministry of Education, Youth and Sports of the Czech Republic. The subject of this public contract will be co-financed by the EU Structural Funds. The Seller was selected as the winner of a public procurement procedure announced by the Buyer in accordance with Act No. 134/2016 Coll., on Public Procurement, as amended (hereinafter the “Act”), for the public contract called “High-Performance computer cluster with GPU’s for solving partial differential equations and running cosmological N-Body simulations” (hereinafter the “Procurement Procedure”). Both the Procurement Procedure and the Contract shall be governed by the Act and the Rules for applicants and beneficiaries of OP RDE, which are publicly accessible and are binding on the Parties. The documentation necessary for the execution of the subject of performance hereof consist of Technical specifications of the subject of performance hereof attached as Annex No. 1 hereto. The Seller´s bid submitted within the Procurement Procedure in its parts which describe the subject of performance in technical detail (hereinafter the “Sellers’s Bid”); the Sellers’s Bid forms Annex No. 2 to this Contract and is an integral part hereof. In the event of a conflict between the Contract’s Annexes, the technical specification / requirement of the higher level / quality shall prevail. The Seller declares that he 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 him from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers him capable 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 production, delivery and handover of the subject of performance within the specified time and of the specified quality, as shown in Annexes No. 1 and 2 of this Contract (including invoicing), is essential for the Buyer. The Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learn in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provisions do not prejudice obligations arising from valid legislation.

FUNDAMENTAL PROVISIONS. The Buyer is a public research institution whose primary activity is excellent scientific research in the area of physicsphysical sciences, especially elementary particles physics, condensed systems, plasma and optics. The Buyer wishes to acquire the subject of performance hereof (the scattering near-field optical microscope for time-resolved spectroscopy in THz spectral range) in order to carry out cosmological N-Body simulations, solve non-linear partial differential equations on a lattice perform measurements of the conductivity and to perform Monte Carlo Markov Chain based parameter estimationultrafast photoconductivity in nanostructures. The Buyer is the beneficiary of the subsidy for the project "Cosmology, Gravitation and Dark Sector – CoGraDSSolid state physics for the 21st century (SOLID 21)", Reg. Registry No CZ.02.1.01/0.0/0.0/15_003/0000437 CZ.02.1.01/0.0/0.0/16_019/0000760 (hereinafter the “Project”), within the Operational Program Research, Development and Education (hereinafter the “OP RDE”) of the provider Ministry of Education, Youth and Sports of the Czech Republic. The subject of this public contract procurement will be co-financed by the EU Structural Funds. The Seller was selected as the winner of a public procurement procedure announced by the Buyer in accordance with Act No. 134/2016 Coll., on Public Procurement, as amended (hereinafter the “Act”), for the public contract called “HighScattering near-Performance computer cluster with GPU’s field optical microscope for solving partial differential equations and running cosmological Ntime-Body simulationsresolved spectroscopy in THz spectral range (Optický skenovací mikroskop v blízkém poli pro časově rozlišenou spektroskopii v terahertzové spektrální oblasti)” (hereinafter the “Procurement Procedure”). Both the Procurement Procedure and the Contract shall be governed by the Act and the Rules for applicants and beneficiaries of OP RDE, which are publicly accessible and are binding on the Parties. The documentation necessary for the execution of the subject of performance hereof consist of Technical specifications of the subject of performance hereof attached as Annex No. 1 hereto. The Seller´s bid submitted within the Procurement Procedure in its parts which describe the subject of performance in technical detail (hereinafter the “Sellers’s Bid”); the Sellers’s Sellers´s Bid forms Annex No. 2 to this Contract and is an integral part hereof. In the event of a conflict between the Contract’s Annexes, Annexes the technical specification / requirement of the higher level / quality shall prevail. The Seller declares that he 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 him from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers him the Seller’s participation in the Procurement Procedure, provided that the Seller complies with all qualification requirements, as the confirmation of the fact that the Seller is capable 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 production, production and delivery and handover of the subject of performance within the specified time and of the specified quality, as shown in Annexes No. 1 and 2 of this Contract (including the invoicing), is essential for the Buyer. If the Seller fails to meet contractual requirements, it may incur damage of the Buyer. The Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learn in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provisions do not prejudice obligations on the part of the Buyer arising from valid legislation.

FUNDAMENTAL PROVISIONS. The Buyer is a public research institution whose primary activity is excellent scientific research in the area of physics, especially elementary particles physics, condensed systems, plasma and optics. The Buyer wishes to acquire the subject of performance hereof in order to carry out cosmological N-Body simulations, solve non-linear partial differential equations perform deposition of diamond thin films on a lattice planar substrates from hydrogen rich plasma (the Microwave plasma CVD deposition system) and to perform Monte Carlo Markov Chain based parameter estimationdeposition of composite materials by PVD in combination with CVD and cluster source (the PVD & PE CVD deposition system). The Buyer is the beneficiary of the subsidy for the project "Cosmology, Gravitation and Dark Sector – CoGraDSSolid state physics for the 21st century (SOLID 21)", Reg. No CZ.02.1.01/0.0/0.0/15_003/0000437 CZ.02.1.01/0.0/0.0/16_019/0000760 (hereinafter the “Project”), within the Operational Program Research, Development and Education (hereinafter the “OP RDE”) of the provider Ministry of Education, Youth and Sports of the Czech Republic. The subject of this public contract procurement will be co-financed by the EU Structural Funds. The Seller was selected as the winner of a public procurement procedure announced by the Buyer in accordance with Act No. 134/2016 Coll., on Public Procurement, as amended (hereinafter the “Act”), for the public contract called “High-Performance computer cluster with GPU’s for solving partial differential equations and running cosmological N-Body simulationsMicrowave plasma CVD deposition system AND PVD & PE CVD deposition system” (hereinafter the “Procurement Procedure”). Both the Procurement Procedure and the Contract shall be governed by the Act and the Rules for applicants and beneficiaries of OP RDE, which are publicly accessible and are binding on the Parties. The documentation necessary for the execution of the subject of performance hereof consist of Technical specifications of the subject of performance hereof attached as Annex No. 1 hereto. The Seller´s bid submitted within the Procurement Procedure in its parts which describe the subject of performance in technical detail (hereinafter the “Sellers’s Bid”); the Sellers’s Sellers´s Bid forms Annex No. 2 to this Contract and is an integral part hereof. In the event of a conflict between the Contract’s Annexes, Annexes the technical specification / requirement of the higher level / quality shall prevail. The Seller declares that he 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 him from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers him capable 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 production, production and delivery and handover of the subject of performance within the specified time and of the specified quality, as shown in Annexes No. 1 and 2 of this Contract (including invoicing), is essential for the Buyer. The Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learn in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provisions do not prejudice obligations arising from valid legislation.