Common use of Performance Date Clause in Contracts

Performance Date. 1. The Contractor shall perform all services referred to in § 4(1)("a" - "g") of the Agreement within year[ ]. A detailed schedule of services covered by the Agreement are set out in Annex No 1 to the Agreement. 2. After the Contractor has performed all the services indicated in § 4 (1) ("a"-"g" ) of the Agreement, the Contractor - at least 15 (fifteen) days before the scheduled date of acceptance - shall report in writing to the Contracting Entity his readiness to carry out the procedure of acceptance of the Line. The application of accepting the Line by the Contractor means that he submits a statement that the line in its condition at the date of commencement of its acceptance procedure is fully correct, complete and complies with the requirements of the Agreement. 3. The acceptance of the Line shall be confirmed by the Final Report of Acceptance signed by the representatives of the Parties ("the Final Report"). The Final Report shall contain the mention of defects or faults of the Line or its individual components, errors in their installation or configuration or other discrepancies between the way the Contractor has performed the works indicated in § 4 (1) ("a" - "g") of the Agreement and the Agreement or Bid. The Parties unanimously agree that no indication of defects, faults, errors or irregularities in the performance of the obligations by the Contractor in the Final Report shall neither exclude nor in any way limit the possibility to indicate them at a later date or refer to them or their consequences at a later date by the Contracting Entity. 4. The Contractor within the time limit defined in the Final Report, but not longer than 7 (seven) days from the date of signing of the Final Protocol, shall correct any defects, fault, errors and discrepancies indicated in the Final Protocol at his own expense and shall report the readiness to re- acceptance to the Contracting Entity. If in the course of the re-acceptance the Contracting Entity shall indicate the defects or faults of the Line or its individual components, errors in their installation or configuration or other discrepancies between the Contractor’s performance of the work indicated in § 4 (1)("a" - "g") of the Agreement or Bid, the Contractor shall correct them within the time limit defined in the Final Report. 5. Further iterations of the acceptance procedure shall be implemented in accordance with the provisions of para. 4. 6. The date of completion of the services referred to in § 4 (1) ("a" - "g" ) of the Agreement shall be the date of signing the Final Protocol not containing any mention of faults, defects, errors or deficiencies. 7. In order to avoid any doubt the Parties agree that: a) The fact that the Parties signed the Final Report without any objections does not mean that the Contracting Entity knew of any defects, faults, discrepancies, irregularities etc. of the Line or its components that were not included in the Final Report; b) The release of the Line and its various components, the transfer to the Contracting Entity of the risk of loss or damage and the transfer to the Contracting Entity of their ownership shall be at the time of signing the Final Protocol not containing any mention of faults, defects, errors or deficiencies by the Parties. 8. If the Contractor exceeds any of the time limits indicated in para. 1, the Contractor shall pay to the Contracting Entity a contractual penalty of 0,1 % of the remuneration indicated in § 6 (1) for each started day of delay.