Common use of Remedies for Breach of Contract Clause in Contracts

Remedies for Breach of Contract. ‌ 11.5.1 Withheld payment‌ In the event of breach of contract, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract. 11.5.2 Liquidated damages in the case of delay‌ If the agreed commencement date or delivery date or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4, is not complied with, and this is not caused by force majeure or circumstances related to the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. If the Contractor is delayed with regard to commencement date or later milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Contractor, through acceleration, manages to meet the milestone commencement date at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the contract price for the establishment phase, excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. If the delay pertains to a partial delivery, the liquidated damages shall amount to 0.15 per cent of the total consideration (exclusive of Value Added Tax) for the partial delivery in question for each calendar day the delay lasts, but limited to a maximum of one hundred (100) calendar days. If no price has been quoted for the partial delivery in Appendix 7, the liquidated damages shall be calculated based on the partial delivery's relative share of the consideration for the total delivery. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. Unless otherwise is explicitly stated in Appendix 4, total liquidated damages shall not exceed 15 per cent of the contract price. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered. 11.5.3 Financial compensation for failure to achieve the agreed service level‌ Upon failure to achieve the agreed service level, the Customer may demand financial compensation in accordance with the standardised rates as agreed in Appendix 5. If the Contractor has not succeeded, despite repeated attempts, in curing the defective operations, the Customer may claim a proportional price reduction.

Remedies for Breach of Contract. ‌ 11.5.1 Withheld payment‌ In the event of breach of contract, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract. 11.5.2 Liquidated damages in the case of delay‌ If the agreed commencement date or delivery date of Handover or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4, 4 is not complied with, and this is not caused by force majeure or circumstances related to on the part of the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. If the Contractor is delayed with regard to commencement date or later milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Contractor, through acceleration, manages to meet the milestone commencement date at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent If all of the contract price for the establishment phase, excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of deliverables shall be Handed over and Commissioned in one hundred (100) calendar days. If the delay pertains to a partial delivery, the total liquidated damages shall amount to 0.15 per cent of the Estimated total consideration (exclusive of cost, excluding Value Added Tax) for the partial delivery in question Tax Act, for each calendar day the delay lasts, but limited to a maximum of one hundred (100) calendar days. If no price has been quoted for the partial delivery in Appendix 7each Release is to be Handed over and Commissioned gradually, the liquidated damages shall will be calculated based on the partial delivery's relative share 0.15 per cent of the consideration value of each Release, exclusive of Value Added Tax, for each day of the total delay, with a ceiling of one hundred (100) calendar days. The same applies to the final delivery, cf. clause 2.6. If the date agreed for Other components of the deliverables that have not been assigned a specific Release is not met, the liquidated damages will be 0.15 per cent of the value of the applicable component of the deliverables. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 47. Unless otherwise is explicitly stated in Appendix 4, total liquidated damages shall not exceed 15 per cent of the contract pricetotal consideration for the deliverables. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful willful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered. 11.5.3 Financial compensation for failure to achieve the agreed service level‌ Upon failure to achieve the agreed service level, the Customer may demand financial compensation in accordance with the standardised rates as agreed in Appendix 5. If the Contractor has not succeeded, despite repeated attempts, in curing the defective operations, the Customer may claim a proportional price reduction.

Remedies for Breach of Contract. ‌ 11.5.1 Withheld payment‌ Suspension of performance In the event of breach of contract, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract. 11.5.2 . Liquidated damages in the case of delay‌ delay If the agreed commencement date or of delivery date (delivery date) or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4, 4 is not complied with, and this is not caused by force majeure or circumstances related to on the part of the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. If the Contractor is delayed with regard to commencement date or later milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Contractor, through acceleration, manages to meet the milestone commencement date at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the contract price total consideration payable for the establishment phasedeliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. If the delay pertains to a partial delivery, the liquidated damages shall amount to 0.15 per cent of the total consideration (exclusive of Value Added Tax) for the partial delivery in question for each calendar day the delay lasts, but limited to a maximum of one hundred (100) calendar days. If no price has been quoted for the partial delivery in Appendix 7, the liquidated damages shall be calculated based on the partial delivery's relative share of the consideration for the total delivery. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. Unless otherwise is explicitly stated in Appendix 4, total liquidated damages shall not exceed 15 per cent of the contract price. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered. 11.5.3 Financial compensation for failure to achieve the agreed service level‌ Upon failure to achieve the agreed service level, the Customer may demand financial compensation in accordance with the standardised rates as agreed in Appendix 5. Price reduction If the Contractor has not succeeded, despite repeated attempts, in curing the defective operationsa defect, the Customer shall have the right to a proportional reduction in price. The price reduction shall compensate for the reduced value of what has been delivered, and shall be independent of any damages. Termination for breach If there is a material breach of contract, the other party may, after giving the party that is in breach of contract written notice and a reasonable deadline for remedying the situation, terminate the Agreement for breach with immediate effect. The Customer may terminate all or part of the Agreement for breach with immediate effect if the deliverables are materially delayed. There is a material delay if delivery has not taken place by the time liquidated damages reach their maximum limit, or by the expiry of an extended deadline, if this expires later. Damages A party may claim a proportional price reductiondamages in respect of any direct loss, including additional costs incurred by the Customer due to substitute purchases, any loss caused by additional work and other direct costs in connection with delays, deficiencies or other breaches of contract pursuant to clauses 5.1.1 or 5.2, unless the defaulting party demonstrates that the defaulting party did not cause the breach of contract or the reason for the breach of contract. Liquidated damages shall be deducted from any other damages in respect of the same delay. Limitation of damages No damages may be claimed in respect of indirect loss. Indirect loss includes, but is not limited to, lost earnings of any kind, lost savings, loss of data, and claims from third parties. Overall damages over the term of the Agreement are limited to an amount corresponding to the contract price, excluding Value Added Tax. The said limitations shall not apply in the case of gross negligence or wilful misconduct on the part of the defaulting party or anyone for whom it is responsible. The limitations shall also not apply in the case of liability for defects in title imposed on the Contractor.

Remedies for Breach of Contract. ‌ 11.5.1 Withheld payment‌ In the event of breach of contract, the Customer may withhold payment, although the amount withheld shall not be obviously higher than what is necessary to secure the Customer's claim resulting from the breach of contract. 11.5.2 Liquidated damages in the case of delay‌ If the agreed commencement date detailed specification approval date, solution ready for acceptance test date, acceptance test approval date, delivery date, or delivery date or some other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4, 4 is not complied with, and this is not caused by force majeure or circumstances related to the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. If the Contractor is delayed with regard to commencement date the detailed specification approval milestone or later milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Contractor, through acceleration, manages to meet the milestone commencement date solution ready for acceptance testing at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the contract price total consideration payable for the establishment phasedeliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. If the delay pertains to a partial delivery, the liquidated damages shall amount to 0.15 per cent of the total consideration (exclusive of Value Added Tax) for the partial delivery in question for each calendar day the delay lasts, but limited to a maximum of one hundred (100) calendar days. If no price has been quoted for the partial delivery in Appendix 7, the liquidated damages shall be calculated based on the partial delivery's relative share of the consideration for the total delivery. In the case of the final, comprehensive acceptance test, liquidated damages shall be calculated based on the total consideration for the deliverables. The sum of previously accumulated liquidated damages for the partial deliveries and the comprehensive acceptance test may not exceed 15 per cent of the total consideration for the deliverables. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. Unless otherwise is explicitly stated in Appendix 4, total liquidated damages shall not exceed 15 per cent of the contract pricetotal consideration for the deliverables. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered. 11.5.3 Financial compensation for failure to achieve the agreed service level‌ Upon failure to achieve the agreed service level, the Customer may demand financial compensation in accordance with the standardised rates as agreed in Appendix 5. If the Contractor has not succeeded, despite repeated attempts, in curing the defective operations, the Customer may claim a proportional price reduction.