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Draft Contract GSA-OP-06-07 - European GNSS Agency

Draft Contract GSA-OP-06-07 - European GNSS Agency

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imposed where there is provision for interest for late completion. <strong>GSA</strong> and the<strong>Contract</strong>or expressly acknowledge and agree that any sums payable under this Articleare in the nature of liquidated damages and not penalties, and represent a reasonableestimate of fair compensation for the losses that may be reasonably anticipated fromsuch failure to perform obligations.ARTICLE II.17 – CHECKS AND AUDITSII.17.1. Pursuant to Article 142 of the Financial Regulation applicable to the generalbudget of the <strong>European</strong> Communities, the <strong>European</strong> Court of Auditors shall beempowered to audit the documents held by the natural or legal personsreceiving payments from the budget of the <strong>European</strong> Communities fromsignature of the <strong>Contract</strong> up to five years after payment of the balance.II.17.2. <strong>GSA</strong> or an outside body of its choice shall have the same rights as the <strong>European</strong>Court of Auditors for the purpose of checks and audits limited to compliancewith contractual obligations from signature of the <strong>Contract</strong> up to five years afterpayment of the balance.II.17.3. In addition, the <strong>European</strong> Anti Fraud Office may carry out on-the-spot checksand inspections in accordance with Council Regulation (Euratom, EC)No 2185/96 and Parliament and Council Regulation (EC) No 1<strong>07</strong>3/1999 fromsignature of the <strong>Contract</strong> up to five years after payment of the balance.ARTICLE II.18 – AMENDMENTSAny amendment to the <strong>Contract</strong> shall be the subject of a written agreement concluded bythe contracting parties. An oral agreement shall not be binding on the contractingparties.ARTICLE II.19 – SUSPENSION OF THE CONTRACTWithout prejudice to <strong>GSA</strong>'s right to terminate the <strong>Contract</strong>, <strong>GSA</strong> may at any time and forany reason suspend execution of the tasks under the <strong>Contract</strong> or any part thereof.Suspension shall take effect on the day the <strong>Contract</strong>or receives notification by registeredletter with acknowledgment of receipt or equivalent, or at a later date where thenotification so provides. <strong>GSA</strong> may at any time following suspension give notice to the<strong>Contract</strong>or to resume the work suspended. The <strong>Contract</strong>or shall not be entitled to claimcompensation on account of suspension of the <strong>Contract</strong> or of part thereof.SIGNATURESFor the <strong>Contract</strong>or,[Companyname/forename/surname/function]signature[s]: _______________________Done at [Brussels], [date]For <strong>GSA</strong>,[forename/surname/function]signature[s]:_____________________Done at [Brussels], [date]In duplicate in English.16

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