Common use of Rights and Duties of the Parties Clause in Contracts

Rights and Duties of the Parties. The Seller undertakes to fulfil all obligations arising herefrom with due professional care, within the deadlines specified herein and/or hereunder, at his expense and risk and for the Purchase Price defined herein. The Seller shall be obliged to inform the Buyer on their request about the progress of the works carried out in order to complete and deliver the Object of Purchase, in the form of an electronic message in English no later than ten (10) business days upon such request delivery. If required by the Sponsor or Operational Programme rules or subsidy/grant conditions determined by the Sponsor, the Seller is obliged to also inform the Buyer about the progress of works every three (3) months in the form of an electronic message in English sent to the Buyer’s contact person. In the event of the Seller’s delay with performance within the deadlines according hereto, particularly in respect of the time of handover of the deliverables, the Buyer is entitled to charge the Seller with a contractual penalty in accordance with Annex No. 2 hereto. In the event of the Buyer’s delay with payment of the Purchase Price or any part thereof within the deadlines set out in this Contract, the Seller is entitled to charge the Buyer with a late payment interest in accordance with Annex No. 2 hereto, unless the Buyer proves that the delay was caused by late release of the funds by the Sponsor. For the avoidance of any doubt, the Parties agree that during a Party’s delay the other Party’s liability for delay is excluded; in that case the respective performance deadlines of the latter Party are adequately extended by the period of that delay. Unless herein stipulated otherwise, the Seller shall pay any of the contractual penalties charged under this Contract no later than within thirty (30) calendar days from the day, on which the Buyer enumerated his claim for the contractual penalty. The Buyer is entitled to offset unilaterally at any time his claims for the payment of the contractual penalty under this Contract against any claims of the Seller for the payment of any part of the Purchase Price. The setoff shall be effective upon written notification to the Seller describing and quantifying the Buyer’s claim to be offset. The Parties exclude application of Section 2050 of the Civil Code, and agree that the Buyer, in addition to the contractual penalty under this Article, is also entitled to foreseeable damages in excess of contractual penalties hereunder actually paid by the Seller. Should a Party breach its obligation hereunder or may it or should it be aware of any such breach, that Party shall, without undue delay, notify the other Party which may incur harm to that effect and shall advise it of potential consequences; in such a case, the injured Party shall not be entitled to compensation for the harm that the notified Party could have prevented after such notification. SPECIAL PROVISIONS Under the terms hereof, the Seller undertakes, in accordance with the Buyer’s instructions and exercising all due professional care, to: archive all documents produced in connection with the execution hereof and performance hereunder for a period of 10 years after the end of the performance hereunder, but at least until the end of 2033, and allow the Buyer access to these archived documents, with the exclusion of those specific parts of documents containing business secrets, at any time during that period. The Buyer shall be entitled to take possession of the above documents from the Seller free of charge after the period of 10 years from the end of performance under the Contract; cooperate within the framework of potential financial control procedures pursuant to Act No. 320/2001 Coll., on financial control, as amended, which includes, but is not limited to, allowing the Sponsor or the competent Managing Authority of the relevant Operational Programme access to also those portions of the bid submitted within the Procurement Procedure, the Contract, Orders, subcontracts and related documents that might be subject to protection under special legal regulation, provided that all requirements set forth by legal regulation with respect to the manner of conducting such controls will have been observed; enable observance of any publicity obligations stemming from the rules of the relevant Operational Programme; and enable the Buyer to fulfil its obligations pursuant to the Act on Public Procurement.

Rights and Duties of the Parties. The Seller undertakes to fulfil all obligations arising herefrom with due professional care, within the deadlines specified herein and/or hereunder, at his expense and risk and for the Purchase Price defined herein. The Seller shall be obliged to inform the Buyer on their request about the progress of the works carried out in order to complete and deliver the Object of Purchase, in the form of an electronic message in English no later than ten (10) business days upon such request delivery. If required by the Sponsor or Operational Programme rules or subsidy/grant conditions determined by the Sponsor, the Seller is obliged to also inform the Buyer about the progress of works every three (3) months in the form of an electronic message in English sent to the Buyer’s contact person. In the event of the Seller’s delay with performance within the deadlines according hereto, particularly in respect of the time of handover of the deliverables, the Buyer is entitled to charge the Seller with a contractual penalty in accordance with Annex No. 2 hereto. In the event of the Buyer’s delay with payment of the Purchase Price or any part thereof within the deadlines set out in this Contract, the Seller is entitled to charge the Buyer with a late payment interest in accordance with Annex No. 2 hereto, unless the Buyer proves that the delay was caused by late release of the funds by the Sponsor. For the avoidance of any doubt, the Parties agree that during a Party’s delay the other Party’s liability for delay is excluded; in that case the respective performance deadlines of the latter Party are adequately extended by the period of that delay. Unless herein stipulated otherwise, the Seller shall pay any of the contractual penalties charged under this Contract no later than within thirty (30) calendar days from the day, on which the Buyer enumerated his claim for the contractual penalty. The Buyer is entitled to offset unilaterally at any time his claims for the payment of the contractual penalty under this Contract against any claims of the Seller for the payment of any part of the Purchase Price. The setoff shall be effective upon written notification to the Seller describing and quantifying the Buyer’s claim to be offset. The Parties exclude application of Section 2050 of the Civil Code, and agree that the Buyer, in addition to the contractual penalty under this Article, is also entitled to foreseeable damages in excess of contractual penalties hereunder actually paid by the Seller. Should a Party breach The Seller shall neither transfer rights and duties from this Contract, including claims against the Buyer that arose on the basis or in connection with this Contract, on third parties, nor to set off any of its obligation hereunder claims or may it or should it be aware of any such breach, that Party shall, without undue delay, notify the other Party which may incur harm to that effect and shall advise it of potential consequences; in such a case, the injured Party shall not be entitled to compensation for the harm that the notified Party could have prevented after such notification. SPECIAL PROVISIONS Under the terms hereof, the Seller undertakes, in accordance with his debtor’s claims against the Buyer’s instructions and exercising all due professional care, to: archive all documents produced in connection with the execution hereof and performance hereunder for a period of 10 years after the end of the performance hereunder, but at least until the end of 2033, and allow the Buyer access to these archived documents, with the exclusion of those specific parts of documents containing business secrets, at any time during that period. The Buyer shall be entitled to take possession of the above documents from the Seller free of charge after the period of 10 years from the end of performance under the Contract; cooperate within the framework of potential financial control procedures pursuant to Act No. 320/2001 Collclaims., on financial control, as amended, which includes, but is not limited to, allowing the Sponsor or the competent Managing Authority of the relevant Operational Programme access to also those portions of the bid submitted within the Procurement Procedure, the Contract, Orders, subcontracts and related documents that might be subject to protection under special legal regulation, provided that all requirements set forth by legal regulation with respect to the manner of conducting such controls will have been observed; enable observance of any publicity obligations stemming from the rules of the relevant Operational Programme; and enable the Buyer to fulfil its obligations pursuant to the Act on Public Procurement.

Rights and Duties of the Parties. 7.1. The Seller undertakes to fulfil all obligations arising herefrom with due professional care, within the deadlines specified herein and/or hereunder, at his expense and risk and for the Purchase Price defined herein. 7.2. The Seller shall be obliged to inform the Buyer on their request about the progress of the works carried out in order to complete and deliver the Object of Purchase, in the form of an electronic message in English no later than ten (10) business days upon such request delivery. If required by the Sponsor or Operational Programme rules or subsidy/grant conditions determined by the Sponsor, the Seller is obliged to also inform the Buyer about the progress of works every three (3) months in the form of an electronic message in English sent to the Buyer’s contact person. 7.3. In the event of the Seller’s delay with performance within the deadlines according hereto, particularly in respect of the time of handover of the deliverables, the Buyer is entitled to charge the Seller with a contractual penalty in accordance with Annex No. 2 hereto. 7.4. In the event of the Buyer’s delay with payment of the Purchase Price or any part thereof within the deadlines set out in this Contract, the Seller is entitled to charge the Buyer with a late payment interest in accordance with Annex No. 2 hereto, unless the Buyer proves that the delay was caused by late release of the funds by the Sponsor. 7.5. For the avoidance of any doubt, the Parties agree that during a Party’s delay the other Party’s liability for delay is excluded; in that case the respective performance deadlines of the latter Party are adequately extended by the period of that delay. 7.6. Unless herein stipulated otherwise, the Seller shall pay any of the contractual penalties charged under this Contract no later than within thirty (30) calendar days from the day, on which the Buyer enumerated his claim for the contractual penalty. 7.7. The Buyer is entitled to offset unilaterally at any time his claims for the payment of the contractual penalty under this Contract against any claims of the Seller for the payment of any part of the Purchase Price. The setoff shall be effective upon written notification to the Seller describing and quantifying the Buyer’s claim to be offset. 7.8. The Parties exclude application of Section 2050 of the Civil Code, and agree that the Buyer, in addition to the contractual penalty under this Article, is also entitled to foreseeable damages in excess of contractual penalties hereunder actually paid by the Seller. 7.9. Should a Party breach its obligation hereunder or may it or should it be aware of any such breach, that Party shall, without undue delay, notify the other Party which may incur harm to that effect and shall advise it of potential consequences; in such a case, the injured Party shall not be entitled to compensation for the harm that the notified Party could have prevented after such notification. SPECIAL PROVISIONS Under the terms hereof, the Seller undertakes, in accordance with the Buyer’s instructions and exercising all due professional care, to: archive all documents produced in connection with the execution hereof and performance hereunder for a period of 10 years after the end of the performance hereunder, but at least until the end of 2033, and allow the Buyer access to these archived documents, with the exclusion of those specific parts of documents containing business secrets, at any time during that period. The Buyer shall be entitled to take possession of the above documents from the Seller free of charge after the period of 10 years from the end of performance under the Contract; cooperate within the framework of potential financial control procedures pursuant to Act No. 320/2001 Coll., on financial control, as amended, which includes, but is not limited to, allowing the Sponsor or the competent Managing Authority of the relevant Operational Programme access to also those portions of the bid submitted within the Procurement Procedure, the Contract, Orders, subcontracts and related documents that might be subject to protection under special legal regulation, provided that all requirements set forth by legal regulation with respect to the manner of conducting such controls will have been observed; enable observance of any publicity obligations stemming from the rules of the relevant Operational Programme; and enable the Buyer to fulfil its obligations pursuant to the Act on Public Procurement.

Rights and Duties of the Parties. The Seller undertakes to fulfil all obligations arising herefrom with due professional care, within the deadlines specified herein and/or hereunder, at his expense and risk and for the Purchase Price defined herein. The Seller shall be obliged to inform the Buyer on their request about the progress of the works carried out in order to complete and deliver the Object of Purchase, in the form of an electronic message in English no later than ten (10) business days upon such request delivery. If required by the Sponsor or Operational Programme rules or subsidy/grant conditions determined by the Sponsor, the Seller is obliged to also inform the Buyer about the progress of works every three (3) months in the form of an electronic message in English sent to the Buyer’s contact person. In the event of the Seller’s delay with performance within the deadlines according hereto, particularly in respect of the time of handover of the deliverables, the Buyer is entitled to charge the Seller with a contractual penalty in accordance with Annex No. 2 hereto. In the event of the Buyer’s delay with payment of the Purchase Price or any part thereof within the deadlines set out in this Contract, the Seller is entitled to charge the Buyer with a late payment interest in accordance with Annex No. 2 hereto, unless the Buyer proves that the delay was caused by late release of the funds by the Sponsor. For the avoidance of any doubt, the Parties agree that during a Party’s delay the other Party’s liability for delay is excluded; in that case the respective performance deadlines of the latter Party are adequately extended by the period of that delay. Unless herein stipulated otherwise, the Seller shall pay any of the contractual penalties charged under this Contract no later than within thirty (30) calendar days from the day, on which the Buyer enumerated his claim for the contractual penalty. The Buyer is entitled to offset unilaterally at any time his claims for the payment of the contractual penalty under this Contract against any claims of the Seller for the payment of any part of the Purchase Price. The setoff shall be effective upon written notification to the Seller describing and quantifying the Buyer’s claim to be offset. The Parties exclude application of Section 2050 of the Civil Code, and agree that the Buyer, in addition to the contractual penalty under this Article, is also entitled to foreseeable damages in excess of contractual penalties hereunder actually paid by the Seller. Should a Party breach its obligation hereunder or may it or should it be aware of any such breach, that Party shall, without undue delay, notify the other Party which may incur harm to that effect and shall advise it of potential consequences; in such a case, the injured Party shall not be entitled to compensation for the harm that the notified Party could have prevented after such notification. SPECIAL PROVISIONS Under the terms hereof, the Seller undertakes, in accordance with the Buyer’s instructions and exercising all due professional care, to: archive all documents produced in connection with the execution hereof and performance hereunder for a period of 10 years after the end of the performance hereunder, but at least until the end of 2033, and allow the Buyer access to these archived documents, with the exclusion of those specific parts of documents containing business secrets, at any time during that period. The Buyer shall be entitled to take possession of the above documents from the Seller free of charge after the period of 10 years from the end of performance under the Contract; cooperate within the framework of potential financial control procedures pursuant to Act No. 320/2001 Coll., on financial control, as amended, which includes, but is not limited to, allowing the Sponsor or the competent Managing Authority of the relevant Operational Programme access to also those portions of the bid submitted within the Procurement Procedure, the Contract, Orders, subcontracts and related documents that might be subject to protection under special legal regulation, provided that all requirements set forth by legal regulation with respect to the manner of conducting such controls will have been observed; enable observance of any publicity obligations stemming from the rules of the relevant Operational Programme; and enable the Buyer to fulfil its obligations pursuant to the Act on Public Procurement.

Rights and Duties of the Parties. 7.1. The Seller undertakes to fulfil all obligations arising herefrom with due professional care, within the deadlines specified herein and/or hereunder, at his expense and risk and for the Purchase Price defined herein. 7.2. The Seller shall be obliged to inform the Buyer on their request about the progress of the works carried out in order to complete and deliver the Object of Purchase, in the form of an electronic message in English no later than ten one (101) business days week upon such request delivery. If so required by the Sponsor or Operational Programme rules or subsidy/grant conditions determined by the Sponsor, the Seller is obliged to also inform the Buyer about the progress of works every three (3) months months, in the form of an electronic message in Czech or English sent to the Buyer’s contact person. 7.3. In the event of the Seller’s delay with performance within the deadlines according hereto, particularly in respect of the time of handover of the deliverables, the Buyer is entitled to charge the Seller with a contractual penalty in accordance with Annex No. 2 hereto. 7.4. In the event of the Buyer’s delay with payment of the Purchase Price or any part thereof within the deadlines set out in this Contract, the Seller is entitled to charge the Buyer with a late payment interest in accordance with Annex No. 2 hereto, unless the Buyer proves that the delay was caused by late release of the funds by the Sponsor. 7.5. For the avoidance of any doubt, the Parties agree that during a Party’s delay the other Party’s liability for delay is excluded; in that case the respective performance deadlines of the latter Party are adequately extended by the period of that delay. 7.6. Unless herein stipulated otherwise, the Seller shall pay any of the contractual penalties charged under this Contract no later than within thirty (30) calendar days from the day, on which the Buyer enumerated his claim for the contractual penalty. 7.7. The Buyer is entitled to offset unilaterally at any time his claims for the payment of the contractual penalty under this Contract against any claims of the Seller for the payment of any part of the Purchase Price. The setoff shall be effective upon written notification to the Seller describing and quantifying the Buyer’s claim to be offset. 7.8. The Parties exclude application of Section 2050 of the Civil Code, and agree that the Buyer, in addition to the contractual penalty under this Articlehereunder, is also entitled to foreseeable damages in excess of contractual penalties hereunder actually paid by the Seller. 7.9. Should a Party breach its obligation hereunder or may it or should it be aware of any such breach, that Party shall, without undue delay, notify the other Party which may incur harm to that effect and shall advise it of potential consequences; in such a case, the injured Party shall not be entitled to compensation for the harm that the notified Party could have prevented after such notification. SPECIAL PROVISIONS Under the terms hereof, the Seller undertakes, in accordance with the Buyer’s instructions and exercising all due professional care, to: archive all documents produced in connection with the execution hereof and performance hereunder for a period of 10 years after the end of the performance hereunder, but at least until the end of 2033, and allow the Buyer access to these archived documents, with the exclusion of those specific parts of documents containing business secrets, at any time during that period. The Buyer shall be entitled to take possession of the above documents from the Seller free of charge after the period of 10 years from the end of performance under the Contract; cooperate within the framework of potential financial control procedures pursuant to Act No. 320/2001 Coll., on financial control, as amended, which includes, but is not limited to, allowing the Sponsor or the competent Managing Authority of the relevant Operational Programme access to also those portions of the bid submitted within the Procurement Procedure, the Contract, Orders, subcontracts and related documents that might be subject to protection under special legal regulation, provided that all requirements set forth by legal regulation with respect to the manner of conducting such controls will have been observed; enable observance of any publicity obligations stemming from the rules of the relevant Operational Programme; and enable the Buyer to fulfil its obligations pursuant to the Act on Public Procurement.