13.CAP.OP.622 Draft Contract - European Defence Agency - Europa

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I.3.1 per calendar day of delay. The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the Agency within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Agency and the Contractor expressly acknowledge and agree that any sums payable under this Article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations. ARTICLE II.18 – CHECKS AND AUDITS II.17.1. Pursuant to Article 43 of Council Decision 2007/643/CFSP of 18 September 2007 on the financial rules of the European Defence Agency and on the procurement rules and rules on financial contributions from the operational budget of the European Defence Agency, the College of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the Agency’s budget from signature of the Contract up to five years after payment of the balance. II.17.2. The Agency or an outside body of its choice shall have the same rights as the College of Auditors for the purpose of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance. ARTICLE II.19 – AMENDMENTS Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties. An oral agreement shall not be binding on the contracting parties. ARTICLE II.20 – SUSPENSION OF THE CONTRACT Without prejudice to the Agency's right to terminate the Contract, the Agency may at any time and for any reason suspend execution of the tasks under the Contract or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent, or at a later date where the notification so provides. The Agency may at any time following suspension give notice to the Contractor to resume the work suspended. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract or of part thereof. SIGNATURES For the Contractor, [Company name/forename/surname/function] For the Agency, [forename/surname/function] signature[s]: _______________________ Done at [Brussels], [date] signature[s]:_____________________ Done at [Brussels], [date] In duplicate in English. Draft Contract No. 13.CAP.OP.622 Page 16 of 28
ANNEX I TENDER SPECIFICATIONS Draft Contract No. 13.CAP.OP.622 Page 17 of 28
Page 1 and 2: DRAFT SERVICE CONTRACT No. 13.CAP.O
Page 3 and 4: I - SPECIAL CONDITIONS ARTICLE I.1
Page 5 and 6: ARTICLE I.5 - BANK ACCOUNT Payments
Page 7 and 8: II - GENERAL CONDITIONS ARTICLE II.
Page 9 and 10: II.3.4. The Contractor shall pass o
Page 11 and 12: II.6.2. II.6.3 In the event of fail
Page 13 and 14: II.11.2. II.11.3. II.11.4. Unless o
Page 15: (i) (j) (k) II.16.2. II.16.3. where
Page 19 and 20: ANNEX III SECURITY ASPECTS LETTER (
Page 21 and 22: 8. Electronic handling and transmis
Page 23 and 24: CONDITIONS UNDER WHICH THE CONTRACT
Page 25 and 26: APPENDIX II SECURITY CLASSIFICATION
Page 27 and 28: Any uncertainties concerning securi

13.CAP.OP.622 Draft Contract - European Defence Agency - Europa

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