Common use of Contract Penalty Clause in Contracts

Contract Penalty. 9.1 In the event that the bidder does not or only partially fulfil his contractual obligations or does not fulfil them in due time he is obliged to pay a contract penalty, for each day during which at least one violation occurred, in the amount of the double net-monthly fee agreed upon according to fig. 5 for the respective load flow commitment. This is not applicable in case of force majeure in the sense of Article 7 of this contract, in case the bidder is not already in default at the occurrence of force majeure. For bids which include a commodity charge the basis for the calculation of the penalty is a theoretical call of the LFC with 20 % during the contract period. 9.2 A claim for damages remains unaffected by the penalty. However, the penalty is credited against the claim for damages.

Contract Penalty. 9.1 In the event that the bidder does not or only partially fulfil fulfils his contractual obligations or does not fulfil them in due time he is obliged to pay a contract penalty, for each day during which at least one violation occurred, in the amount of the double net-monthly fee agreed upon according to fig. 5 for the respective load flow commitment. This is not applicable in case of force majeure in the sense of Article 7 of this contract, in case the bidder is not already in default at the occurrence of force majeure. For bids load flow commitments which include a commodity charge the basis for the calculation of the penalty is a theoretical call of the LFC with 20 % during the contract period. 9.2 A claim for damages remains unaffected by the penalty. However, the penalty is credited against the claim for damages.