Common use of Initial Provisions Clause in Contracts

Initial Provisions. 2.1. The Buyer is the beneficiary of a grant from the Sponsor (MEYS) funded within the MEYS “large infrastructures for research, experimental development and innovation” financial tool as well as of a subsidy from the Operational Programme Research, Development and Education (OP RDE) for the implementation of the project FAIR-CZ-OP II (”Facility for Antiproton and Ion Research - participation of the Czech Republic – OP II”, hereinafter the “Project”). 2.2. Within the Project (FAIR-CZ-OP II) the Czech participation in the Facility for Antiproton and Ion Research (FAIR), being a new European research infrastructure for nuclear and hadron physics at Darmstadt in Germany as a part of the capacity of GSI Helmholtzzentrum für Schwerionenforschung, is organized. Within the FAIR an international group is established involving teams from Czech Republic, Poland, Germany and Russia, 8 different institutions in all. These teams will deliver new electromagnetic calorimeter (ECAL) detector to the FAIR. R&D and detector construction is financed from national budgets, by assigning activities and responsibility for individual subsystems (electronics for data acquisition – Germany, load bearing structure – Poland, lead glass – Russia) or by sharing the expenditure among several partners (high voltage systems – Czech Republic and Slovakia, photomultipliers – Czech Republic, Poland and Germany, assembly and module testing – Czech Republic and Russia). 2.3. The Project is simultaneously a part of the Roadmap of Large Infrastructures for Research, Experimental Development and Innovation of the Czech Republic for the years 2016–2022, issued by the MEYS and approved by the Government of the Czech Republic. 2.4. With a view to successful implementation of the Project, it is also necessary to provide certain performance according to this Contract. The aim of this Contract is the supply of the photomultipliers for ECAL detector. The photomultiplier type has to meet certain minimal criteria in sense of detection properties, physical dimensions, material of the detection window and power requirements. 2.5. The Seller has been selected as the winning bidder in the above-the-limit regime public contract for supplies administered in the form of an open procedure named “Photomultipliers for ECAL@HADES - Round 2” (hereinafter the “Procurement Procedure”) pursuant to Section 56 Act No. 134/2016 Coll., on public procurement, as amended (hereinafter the “Act on Public Procurement”). 2.6. Prior written consent of the Buyer’s Supervisory Board and its founder was properly granted prior to the conclusion hereof. 2.7. Performance hereunder shall be based on the following annexes which form an integral part hereof:

Initial Provisions. 2.1. The Buyer is the beneficiary of a grant from the Sponsor (MEYS) funded within the MEYS “large infrastructures for research, experimental development and innovation” financial tool as well as of a subsidy from the Operational [Operational] Programme Research, Development and Education Xxxxxxxx Xxxx Xxxxxxxx (OP RDEP JAC) for the implementation of the project FAIR-CZ-OP II III. (”Facility for Antiproton and Ion Research - participation of the Czech Republic – OP IIIII.”, hereinafter the “Project”). 2.2. Within the Project (FAIR-CZ-OP IIIII.) the Czech participation in the Facility for Antiproton and Ion Research (FAIR), being a new European research infrastructure for nuclear and hadron physics at Darmstadt in Germany as a part of the capacity of GSI Helmholtzzentrum für Schwerionenforschung, is organized. Within the FAIR an international group is established involving teams from Czech Republic, PolandPoland and Germany, Germany and Russia, 8 7 different institutions in all. These teams will deliver new electromagnetic calorimeter (ECAL) detector to the FAIR. R&D and detector construction is financed from national budgets, by assigning activities and responsibility for individual subsystems (electronics for data acquisition – Germany, load bearing structure – Poland, lead glass – RussiaPoland etc.) or by sharing the expenditure among several partners (high voltage systems – Czech Republic and Slovakia, photomultipliers – Czech Republic, Poland and Germany, assembly and module testing – Czech Republic and RussiaRepublic). 2.3. The Project is simultaneously a part of the Roadmap of Large Research Infrastructures for Research, Experimental Development and Innovation of the Czech Republic for the years 2016–20222023–2026, issued by the MEYS and approved by the Government of the Czech Republic. 2.4. With a view to successful implementation of the Project, it is also necessary to provide certain performance according to this Contract. The aim of this Contract is the supply of the photomultipliers for ECAL detector. The photomultiplier type has to meet certain minimal criteria in sense of detection properties, physical dimensions, material of the detection window and power requirements. 2.5. The Seller has been selected as the winning bidder in the a public contract for supplies administered in above-the-limit regime public contract for supplies administered in the form of an open procedure named “Photomultipliers for ECAL@HADES - Round 2FAIR III” (hereinafter the “Procurement Procedure”) pursuant to Section 56 Act No. 134/2016 Coll., on public procurement, as amended (hereinafter the “Act on Public Procurement”). 2.6. Prior If the total value of the Contract, i.e. the total purchase price excluding VAT according to Article 6.1 hereof, exceeds the amount for which the Buyer needs prior written consent of the Buyer’s Supervisory Board board and its founder founder, the Buyer declares that the consent was properly granted prior to the conclusion hereof. 2.7. Performance hereunder shall be based on the following annexes which form an integral part hereof:: Annex No. 1, which contains Technical Specifications and detailed description of the subject matter of this Contract (hereinafter “Annex No. 1”); Incentive and Risk Management Instruments represents a document constituting Annex No. 2 hereto, which includes sanctions and other incentive mechanisms for timely and proper performance hereunder (hereinafter the "Annex No. 2”); Warranty Terms and Conditions represents a document constituting Annex No. 3 hereto, which describes the quality warranty provided by the Seller and motivates him to deliver the goods in the highest quality (hereinafter the "Annex No. 3”). In case of any discrepancy between the provisions of this Contract and the provisions of its Annexes the provisions of this Contract shall prevail, except for the provisions of Annexes containing conditions and specifications that are more favourable to the Buyer (i.e. higher technical specification values and/or more technically advanced or demanding solutions etc.), in which case such provisions of Annexes shall prevail. In case of any discrepancy between the provisions of the Annexes the provisions containing conditions and specifications that are more favourable to the Buyer shall prevail. The Seller acknowledges that the Buyer cannot be classified as an entrepreneur in relation to the subject matter hereof, nor it is connected with the Buyer’s business activities. The Seller declares that he is capable, within the meaning of Section 5 (1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and due care that is associated and expected of well-experienced experts in his profession and that his potential performance lacking such professional care would give rise to corresponding liability on his part. The Seller is prohibited from misusing his expert qualities 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 represents that he has all the professional prerequisites required for the proper fulfilment of this Contract, is fully authorized to perform this Contract and there exist no obstacles on his part that would prevent him from due performance of this Contract.

Initial Provisions. 2.1. The Buyer is the beneficiary of a grant from the Sponsor (MEYS) funded within the MEYS “large infrastructures for research, experimental development and innovation” financial tool as well as of a subsidy from the Operational Programme Research, Development and Education (OP RDE) for the implementation of the project FAIR-CZ-OP II CZ (”“Facility for Antiproton and Ion Research - participation of the Czech Republic – OP IIRepublic”, hereinafter the “Project”). 2.2. Within the Project (FAIR-CZ-OP II) the Czech participation in the Facility for Antiproton and Ion Research (FAIR), being a new European research infrastructure for nuclear and hadron physics at Darmstadt in Germany as a part of the capacity of GSI Helmholtzzentrum für Schwerionenforschung, is organized. Within the FAIR an international group is established involving teams from Czech Republic, Poland, Germany and Russia, 8 different institutions in all. These teams will deliver new electromagnetic calorimeter (ECAL) detector to the FAIR. R&D and detector construction is financed from national budgets, by assigning activities and responsibility for individual subsystems (electronics for data acquisition – Germany, load bearing structure – Poland, lead glass – Russia) or by sharing the expenditure among several partners (high voltage systems – Czech Republic and Slovakia, photomultipliers – Czech Republic, Poland and Germany, assembly and module testing – Czech Republic and Russia). 2.3. The Project is simultaneously a part of the Roadmap of Large Infrastructures for Research, Experimental Development and Innovation of the Czech Republic for the years 2016–2022, issued by the MEYS and approved by the Government of the Czech Republic. 2.4. With a view to successful implementation of the Project, it is also necessary to provide certain performance according to this Contract. The aim of this Contract is the supply of the photomultipliers a high voltage power supply system for ECAL detector. An electromagnetic calorimeter (ECAL) is a new detector designed as an extension to the already existing HADES spectrometer at GSI Darmstadt in Germany. The photomultiplier type has to meet certain minimal criteria in sense of detection properties, physical dimensions, material primary purpose of the detection window detector is to measure neutral particles and power requirementsgamma photons produced by relativistic collisions of heavy ions, which the HADES spectrometer has not been able to measure yet. The detector, forming and integral part of the HADES spectrometer, will work in concert with other detectors. It will be using readouts from the MDC and RPC detectors located in front of it in order to exclude charged particles, and at the same time it will facilitate an improved distinction of electrons and hadrons in higher momentum. The HADES spectrometer with integrated ECAL should be used for measurement already in 2018 within the framework of the Phase 0 of the FAIR project in the SIS-18 accelerator, and later within the new SIS100 accelerator. 2.5. The Seller has been selected as the winning bidder in the aboveunder-the-limit regime threshold public contract for supplies administered in the form of an open a negotiated procedure with publication named “Photomultipliers High voltage power supply system for ECAL@HADES ECAL detector Tender - Round 2” (hereinafter the “Procurement Procedure”) pursuant to in accordance with Section 56 60 et seq. of Act No. 134/2016 Coll., on public procurement, as amended (hereinafter the “Act on Public Procurement”).Public 2.6. Prior written consent of the Buyer’s Supervisory Board and its founder was properly granted prior to the conclusion hereof. 2.7. Performance hereunder shall be based on the following annexes which form an integral part hereof:

Initial Provisions. 2.1. The Buyer is the beneficiary of a grant from the Sponsor (MEYS) funded within the MEYS “large infrastructures for research, experimental development and innovation” financial tool as well as of a subsidy from the Operational Programme Research, Development and Education (OP RDE) for the implementation of the project FAIR-CZ-OP II (”Facility for Antiproton and Ion Research - participation of the Czech Republic – OP II”, hereinafter the “Project”). 2.2. Within the Project (FAIR-CZ-OP II) the Czech participation in the Facility for Antiproton and Ion Research (FAIR), being a new European research infrastructure for nuclear and hadron physics at Darmstadt in Germany as a part of the capacity of GSI Helmholtzzentrum für Schwerionenforschung, is organized. Within the FAIR an international group is established involving teams from Czech Republic, Poland, Germany and Russia, 8 different institutions in all. These teams will deliver new electromagnetic calorimeter (ECAL) detector to the FAIR. R&D and detector construction is financed from national budgets, by assigning activities and responsibility for individual subsystems (electronics for data acquisition – Germany, load bearing structure – Poland, lead glass – Russia) or by sharing the expenditure among several partners (high voltage systems – Czech Republic and Slovakia, photomultipliers – Czech Republic, Poland and Germany, assembly and module testing – Czech Republic and Russia). 2.3. The Project is simultaneously a part of the Roadmap of Large Infrastructures for Research, Experimental Development and Innovation of the Czech Republic for the years 2016–2022, issued by the MEYS and approved by the Government of the Czech Republic. 2.4. With a view to successful implementation of the Project, it is also necessary to provide certain performance according to this Contract. The aim of this Contract is the supply of the photomultipliers for ECAL detector. The photomultiplier type has to meet certain minimal criteria in sense of detection properties, physical dimensions, material of the detection window and power requirements. 2.5. The Seller has been selected as the winning bidder in the above-the-limit regime public contract for supplies administered in the form of an open procedure named “Photomultipliers for ECAL@HADES - Round 2ECAL@HADES” (hereinafter the “Procurement Procedure”) pursuant to Section 56 Act No. 134/2016 Coll., on public procurement, as amended (hereinafter the “Act on Public Procurement”). 2.6. Prior written consent of the Buyer’s Supervisory Board and its founder was properly granted prior to the conclusion hereof. 2.7. Performance hereunder shall be based on the following annexes which form an integral part hereof:: Annex No. 1, which contains Technical Specifications and detailed description of the subject matter of this Contract (hereinafter “Annex No. 1”); Incentive and Risk Management Instruments represents a document constituting Annex No. 2 hereto, which includes sanctions and other incentive mechanisms for timely and proper performance hereunder (hereinafter the "Annex No. 2”); Warranty Terms and Conditions represents a document constituting Annex No. 3 hereto, which describes the quality warranty provided by the Seller and motivates him to deliver the goods in the highest quality (hereinafter the "Annex No. 3”). In case of any discrepancy between the provisions of this Contract and the provisions of its Annexes the provisions of this Contract shall prevail, except for the provisions of Annexes containing conditions and specifications that are more favourable to the Buyer (i.e. higher technical specification values and/or more technically advanced or demanding solutions etc.), in which case such provisions of Annexes shall prevail. In case of any discrepancy between the provisions of the Annexes the provisions containing conditions and specifications that are more favourable to the Buyer shall prevail. The Seller acknowledges that the Buyer cannot be classified as an entrepreneur in relation to the subject matter hereof, nor it is connected with the Buyer’s business activities. The Seller declares that he is capable, within the meaning of Section 5(1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and due care that is associated and expected of well-experienced experts in his profession and that his potential performance lacking such professional care would give rise to corresponding liability on his part. The Seller is prohibited from misusing his expert qualities 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 represents that he has all the professional prerequisites required for the proper fulfilment of this Contract, is fully authorized to perform this Contract and there exist no obstacles on his part that would prevent him from due performance of this Contract.

Initial Provisions. 2.1. The Buyer is the beneficiary of a grant from the Sponsor (MEYS) funded within the MEYS “large infrastructures for research, experimental development and innovation” financial tool as well as of a subsidy from the Operational Programme Research, Development and Education (OP RDE) for the implementation of the project FAIR-CZ-OP II (”Facility for Antiproton and Ion Research - participation of the Czech Republic – OP II”, hereinafter the “Project”). 2.2. Within the Project (FAIR-CZ-OP II) the Czech participation in the Facility for Antiproton and Ion Research (FAIR), being a new European research infrastructure for nuclear and hadron physics at Darmstadt in Germany as a part of the capacity of GSI Helmholtzzentrum für Schwerionenforschung, is organized. Within the FAIR an international group is established involving teams from Czech Republic, Poland, Germany and Russia, 8 different institutions in all. These teams will deliver new electromagnetic calorimeter (ECAL) detector to the FAIR. R&D and detector construction is financed from national budgets, by assigning activities and responsibility for individual subsystems (electronics for data acquisition – Germany, load bearing structure – Poland, lead glass – Russia) or by sharing the expenditure among several partners (high voltage systems – Czech Republic and Slovakia, photomultipliers – Czech Republic, Poland and Germany, assembly and module testing – Czech Republic and Russia). 2.3. The Project is simultaneously a part of the Roadmap of Large Infrastructures for Research, Experimental Development and Innovation of the Czech Republic for the years 2016–2022, issued by the MEYS and approved by the Government of the Czech Republic. 2.4. With a view to successful implementation of the Project, it is also necessary to provide certain performance according to this Contract. The aim of this Contract is the supply of the photomultipliers for ECAL detector. The photomultiplier type has to meet certain minimal criteria in sense of detection properties, physical dimensions, material of the detection window and power requirements. 2.5. The Seller has been selected as the winning bidder in the above-the-limit regime public contract for supplies administered in the form of an open procedure named “Photomultipliers for ECAL@HADES - Round 2” (hereinafter the “Procurement Procedure”) pursuant to Section 56 Act No. 134/2016 Coll., on public procurement, as amended (hereinafter the “Act on Public Procurement”). 2.6. Prior written consent of the Buyer’s Supervisory Board and its founder was properly granted prior to the conclusion hereof. 2.7. Performance hereunder shall be based on the following annexes which form an integral part hereof:: Annex No. 1, which contains Technical Specifications and detailed description of the subject matter of this Contract (hereinafter “Annex No. 1”); Incentive and Risk Management Instruments represents a document constituting Annex No. 2 hereto, which includes sanctions and other incentive mechanisms for timely and proper performance hereunder (hereinafter the "Annex No. 2”); Warranty Terms and Conditions represents a document constituting Annex No. 3 hereto, which describes the quality warranty provided by the Seller and motivates him to deliver the goods in the highest quality (hereinafter the "Annex No. 3”). In case of any discrepancy between the provisions of this Contract and the provisions of its Annexes the provisions of this Contract shall prevail, except for the provisions of Annexes containing conditions and specifications that are more favourable to the Buyer (i.e. higher technical specification values and/or more technically advanced or demanding solutions etc.), in which case such provisions of Annexes shall prevail. In case of any discrepancy between the provisions of the Annexes the provisions containing conditions and specifications that are more favourable to the Buyer shall prevail. The Seller acknowledges that the Buyer cannot be classified as an entrepreneur in relation to the subject matter hereof, nor it is connected with the Buyer’s business activities. The Seller declares that he is capable, within the meaning of Section 5(1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and due care that is associated and expected of well-experienced experts in his profession and that his potential performance lacking such professional care would give rise to corresponding liability on his part. The Seller is prohibited from misusing his expert qualities 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 represents that he has all the professional prerequisites required for the proper fulfilment of this Contract, is fully authorized to perform this Contract and there exist no obstacles on his part that would prevent him from due performance of this Contract.