Common use of Obligations of the Purchaser Clause in Contracts

Obligations of the Purchaser. 8.1 Subject to the fulfilment of the obligations of ISR pursuant to this Agreement completely and on time, ISR shall pay the Supplier the consideration detailed in the Consideration Annex. 8.2 Without derogating from the aforesaid, ISR undertakes, in its responsibility and at its expense the following tasks, and these only, with it being clarified that any other action that is not expressly mentioned in this section shall be under the responsibility of the Supplier and at its expense and shall be considered part of the Supplier's Services (even if not expressly defined as such): 8.2.1. Supply of water – ISR shall allocate, and shall be responsible for, a water point to be connected to the infrastructure of the Washing Machines at the Site. It is the Supplier's responsibility to supply all of the accompanying equipment required for the benefit of the connection of the infrastructure of the Washing Machines to the water point at the Site. It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. 8.2.2. Supply of electricity - ISR shall allocate, and shall be responsible for, an electricity point to be connected to the infrastructure of the Washing Machines at the Site. It is the Supplier's responsibility to supply all of the accompanying equipment required for the benefit of the connection of the infrastructure of the Washing Machines to the electricity point at the Site. It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. 8.2.3. Lighting – in all work areas safety lighting shall be supplied by ISR. On the washing lines additional lighting shall be supplied to the extent possible in the discretion of ISR. The Supplier shall be entitled to use additional lighting accessories at its expense, after written approval from the responsible party at the Site on behalf of ISR and subject to maintaining safety as required. 8.2.4. ISR shall allocate, and shall be responsible for, a sewage point and communications (internet and telephone). It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. The aforesaid in this section is subject to the provisions of the Specifications (Section

Obligations of the Purchaser. 8.1 Subject 14.1. The Purchaser shall in reasonable time grant the Supplier safe and free access to the fulfilment Site even during night and on Saturdays Sundays and Holidays. The Purchaser is, however, not obliged to provide the Supplier with any assistance and/or co-operation at times other than during Business hours. 14.2. Any building, structure, foundation or means of access on the Site to be provided by the Purchaser shall be in a condition suitable for the reception, movement, installation and -------------------------------------------------------------------------------- EuroTel Bratislava Page 22 of 59 Siemens 13 august-2001 maintenance of the obligations System or respective Part of ISR the System within the time or times indicated in the respective Programme. 14.3. The Purchaser is obliged to pay the Contract Price for the System supplied and the Works executed by the Supplier under this Contract and to take over all the System and the Works pursuant to this Agreement completely Contract and thus issue a Taking-Over Certificate, in the case if (i) the System is properly supplied and all Works are duly executed and (ii) all requirements on the System and its Functionalities agreed herein and in the relevant Annexes are fully met. The conditions stipulated in the Section 18 shall be met. 14.4. Furthermore the Purchaser shall be responsible for the respective activities as stated in the Responsibility Matrix in the relevant Annex 16 to this Contract, as well as for respective activities stated in the Project Organisation as specified in Annex 6 and for the activities as stated in the relevant Programme. 14.5. The Purchaser hereby represents and covenants to use its best efforts in providing the Supplier with co-operation, negotiation with the Participant aiming at reduction of the costs of Integration, assistance including but not limited to provision of required information, subject to restrictions imposed on the Purchaser by other contractual relationships the Purchaser is party to. 14.6. The Purchaser shall, not later than 10 days prior to the scheduled date of starting of the System installation notify the Supplier in writing of the readiness of the Site. The representatives of both Parties shall then inspect the Site within 5 days of the date specified in the Purchaser's notice to ascertain the readiness of such Site for installation. The results of such Site inspection shall be certified in writing by the representatives of both parties. Minor discrepancies which do not affect the proper installation, testing and acceptance of the System shall not prevent certification of the Site concerned as Ready for Installation on condition that the Purchaser shall make good such discrepancies as soon as possible and in any event in sufficient time for the necessary testing and acceptance in accordance with the relevant project time schedule. 14.7. The Purchaser shall provide on Site all the Power Supply necessary for the operation of the System. 14.8. Copyright to all Documentation, including but not limited to drawings, specifications, manuals, documents, data, and software provided by one Party to the other under this Contract shall remain with the author. The receiving Party shall be deemed to have a non-exclusive royalty-free right to use the Documentation for the purpose that is in accordance with this Contract. Unauthorised copying (except of copying or other reproducing permitted by the applicable legal provisions) shall be strictly prohibited. Without prejudice to the generality of the aforesaid, more specific terms and conditions are set forth hereinafter. 14.9. The Purchaser shall have the right to use and to start, -------------------------------------------------------------------------------- EuroTel Bratislava Page 23 of 59 Siemens 13 august-2001 > business simulations in the form of the operation of both Parts of the System for the limited groups of the Purchaser's clients as soon as the Ready for Acceptance milestone will have been announced, however, such use within business simulations shall not be deemed as a beginning of the commercial use of the respective Part of the System, Service and Functionalities and/or the prove of the Completion of the Part of the System and Taking over of the System or Part of the System. Notwithstanding the foregoing: the business simulations tests should not be performed in a way detrimental to the then current stage of Acceptance Tests/PPS Acceptance Tests. 14.10. The purchaser is obliged to deliver all necessary information about the current prepaid solution and/or its interfaces adaptation required by the supplier in the time and quality as mutually agreed by both the parties in Requirements Specifications, Acceptance Test Specification (ATS). Should he fail to do so the supplier shall not be liable for delivery times and quality of functionalities affected. The aforementioned shall not prejudice the supplier from making all reasonable effort to comply with his obligations hereunder duly and on time, ISR shall pay the Supplier the consideration detailed in the Consideration Annex. 8.2 Without derogating from the aforesaid, ISR undertakes, in its responsibility and at its expense the following tasks, and these only, with it being clarified that any other action that is not expressly mentioned in this section . The adaptation of interfaces requested by supplier shall be under the responsibility of the Supplier reasonable, technically feasible and at its expense and shall be considered part of the Supplier's Services (even if not expressly defined as such): 8.2.1. Supply of water – ISR shall allocate, and shall be responsible for, a water point to be connected to the infrastructure of the Washing Machines at the Site. It is the Supplier's responsibility to supply all of the accompanying equipment required for the benefit of the connection of the infrastructure of the Washing Machines to the water point at the Site. It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Suppliermutually agreed to. 8.2.2. Supply of electricity - ISR shall allocate, and shall be responsible for, an electricity point to be connected to the infrastructure of the Washing Machines at the Site. It is the Supplier's responsibility to supply all of the accompanying equipment required for the benefit of the connection of the infrastructure of the Washing Machines to the electricity point at the Site. It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. 8.2.3. Lighting – in all work areas safety lighting shall be supplied by ISR. On the washing lines additional lighting shall be supplied to the extent possible in the discretion of ISR. The Supplier shall be entitled to use additional lighting accessories at its expense, after written approval from the responsible party at the Site on behalf of ISR and subject to maintaining safety as required. 8.2.4. ISR shall allocate, and shall be responsible for, a sewage point and communications (internet and telephone). It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. The aforesaid in this section is subject to the provisions of the Specifications (Section

Obligations of the Purchaser. 8.1 Subject 14.1. The Purchaser shall in reasonable time grant the Supplier safe and free access to the fulfilment Site even during night and on Saturdays Sundays and Holidays. The Purchaser is, however, not obliged to provide the Supplier with any assistance and/or co-operation at times other than during Business hours. 14.2. Any building, structure, foundation or means of access on the Site to be provided by the Purchaser shall be in a condition suitable for the reception, movement, installation and maintenance of the obligations System or respective Part of ISR the System within the time or times indicated in the respective Programme. 14.3. The Purchaser is obliged to pay the Contract Price according to Section 22 hereof and Total Price n accordance with the mechanism set forth in Annex 21 hereof for the System supplied and the Works executed by the Supplier under this Contract and to take over all the System and the Works pursuant to this Agreement completely Contract and thus issue a Taking-Over Certificate, in the case if (i) the System is properly supplied and all Works are duly executed and (ii) all requirements on the System and its Functionalities agreed herein and in the relevant Annexes are fully met. The conditions stipulated in the Section 18 shall be met. 14.4. Furthermore the Purchaser shall be responsible for the respective activities as stated in the Responsibility Matrix in the relevant Annex 16 to this Contract, as well as for respective activities stated in the Project Organisation as specified in Annex 6 and for the activities as stated in the relevant Programme. 14.5. The Purchaser hereby represents and covenants to use its best efforts in providing the Supplier with co-operation, negotiation with the Participant aiming at reduction of the costs of Integration, assistance including but not limited to provision of required information, subject to restrictions imposed on the Purchaser by other contractual relationships the Purchaser is party to. 14.6. The Purchaser shall, not later than 10 days prior to the scheduled date of starting of the System installation notify the Supplier in writing of the readiness of the Site. The representatives of both Parties shall then inspect the Site within 5 days of the date specified in the Purchaser’s notice to ascertain the readiness of such Site for installation. The results of such Site inspection shall be certified in writing by the representatives of both parties. Minor discrepancies which do not affect the proper installation, testing and acceptance of the System shall not prevent certification of the Site concerned as Ready for Installation on condition that the Purchaser shall make good such discrepancies as soon as possible and in any event in sufficient time for the necessary testing and acceptance in accordance with the relevant project time schedule. 14.7. The Purchaser shall provide on Site all the Power Supply necessary for the operation of the System. 14.8. Copyright to all Documentation, including but not limited to drawings, specifications, manuals, documents, data, and software provided by one Party to the other under this Contract shall remain with the author. The receiving Party shall be deemed to have a non-exclusive royalty-free right to use the Documentation for the purpose that is in accordance with this Contract. Unauthorised copying (except of copying or other reproducing permitted by the applicable legal provisions) shall be strictly prohibited. Without prejudice to the generality of the aforesaid, more specific terms and conditions are set forth hereinafter. 14.9. The Purchaser shall have the right to use and to start, business simulations in the form of the operation of both Parts of the System for the limited groups of the Purchaser’s clients as soon as the Ready for Acceptance milestone will have been announced, however, such use within business simulations shall not be deemed as a beginning of the commercial use of the respective Part of the System, Service and Functionalities and/or the prove of the Completion of the Part of the System and Taking over of the System or Part of the System. Notwithstanding the foregoing: the business simulations tests should not be performed in a way detrimental to the then current stage of Acceptance Tests/PPS Acceptance Tests. 14.10. The purchaser is obliged to deliver all necessary information about the current prepaid solution and/or its interfaces adaptation required by the supplier in the time and quality as mutually agreed by both the parties in Requirements Specifications, Acceptance Test Specification (ATS). Should he fail to do so the supplier shall not be liable for delivery times and quality of functionalities affected. The aforementioned shall not prejudice the supplier from making all reasonable effort to comply with his obligations hereunder duly and on time, ISR shall pay the Supplier the consideration detailed in the Consideration Annex. 8.2 Without derogating from the aforesaid, ISR undertakes, in its responsibility and at its expense the following tasks, and these only, with it being clarified that any other action that is not expressly mentioned in this section . The adaptation of interfaces requested by supplier shall be under the responsibility of the Supplier reasonable, technically feasible and at its expense and shall be considered part of the Supplier's Services (even if not expressly defined as such): 8.2.1. Supply of water – ISR shall allocate, and shall be responsible for, a water point to be connected to the infrastructure of the Washing Machines at the Site. It is the Supplier's responsibility to supply all of the accompanying equipment required for the benefit of the connection of the infrastructure of the Washing Machines to the water point at the Site. It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Suppliermutually agreed to. 8.2.2. Supply of electricity - ISR shall allocate, and shall be responsible for, an electricity point to be connected to the infrastructure of the Washing Machines at the Site. It is the Supplier's responsibility to supply all of the accompanying equipment required for the benefit of the connection of the infrastructure of the Washing Machines to the electricity point at the Site. It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. 8.2.3. Lighting – in all work areas safety lighting shall be supplied by ISR. On the washing lines additional lighting shall be supplied to the extent possible in the discretion of ISR. The Supplier shall be entitled to use additional lighting accessories at its expense, after written approval from the responsible party at the Site on behalf of ISR and subject to maintaining safety as required. 8.2.4. ISR shall allocate, and shall be responsible for, a sewage point and communications (internet and telephone). It is clarified that the supply shall be up until the point determined by ISR and from there on the infrastructure shall be under the responsibility of the Supplier. The aforesaid in this section is subject to the provisions of the Specifications (Section