Tender Dossier (PDF) - Eulex

26.9. Unless otherwise stipulated in the Special Conditions, contracts shall be at fixed prices,which shall not be revised.26.10. The Contractor undertakes to repay any amounts paid in excess of the final amount due tothe Contracting Authority before the deadline indicated in the debit note which is 45 daysfrom the issuing of that note. Should the Contractor fail to make repayment within thedeadline set by the Contracting Authority, the Contracting Authority may (unless theContractor is a government department or public body of a Member State of the EuropeanUnion) increase the amounts due by adding interest:- at the rediscount rate applied by the central bank of the country of the ContractingAuthority if payments are in the currency of that country;- at the rate applied by the European Central Bank to its main refinancing transactions ineuro, as published in the Official Journal of the European Union, C series, wherepayments are in euro,on the first day of the month in which the time-limit expired, plus seven percentage points. The defaultinterest shall be incurred over the time which elapses between the date of the payment deadline set by theContracting Authority, and the date on which payment is actually made. Any partial payments shall firstcover the interest thus established.Amounts to be repaid to the Contracting Authority may be offset against amounts of any kind due to theContractor. This shall not affect the Parties' right to agree on payment in instalments. Bank chargesincurred by the repayment of amounts due to the Contracting Authority shall be borne entirely by theContractor.26.11. Where necessary the European Union may as a donor subrogate itself to the ContractingAuthority.26.12. If the contract is terminated for any reason whatsoever, the guarantee securing the prefinancingmay be invoked forthwith in order to repay the balance of the pre-financing stillowed by the Contractor, and the guarantor shall not delay payment or raise objection for anyreason whatever.Article 27 - Payment to third parties27.1. Orders for payments to third parties may be carried out only after an assignment made inaccordance with Article 5. The Contracting Authority shall be notified of the assignment.27.2. Notification of beneficiaries of the assignment shall be the sole responsibility of theContractor.27.3. In the event of a legally binding attachment of the property of the Contractor affectingpayments due to it under the contract, and without prejudice to the time limit laid down inthe Special Conditions, the Contracting Authority shall have 30 days, starting from the dayon which it receives notification of the definitive lifting of the obstacle to payment, toresume payments to the Contractor.Article 28 - Delayed payments28.1. The Contracting Authority shall pay the Contractor sums due within 45 days of the date on which anadmissible payment is registered, in accordance with Article 26 of these General Conditions. This periodshall begin to run from the approval of these documents by the competent department referred to inArticle 26 of the Special Conditions. These documents shall be approved either expressly or tacitly, in theabsence of any written reaction in the 45 days following their receipt accompanied by the requisitedocuments.