Termination of the contractual relationship. The contractual relationship established by this Agreement may be terminated by fulfilment, agreement between the contracting parties, or withdrawal. The Purchaser shall be entitled to withdraw from this Agreement in the following cases: the Seller materially breaches its obligations stipulated in the Agreement; insolvency proceedings being conducted against the Seller; the Seller commits a minor breach of its obligations stipulated in the Agreement and fails to remedy such breach within an additional period provided by the Purchaser; the Seller fails to observe the Purchaser’s instructions despite the Purchaser’s written request; the provision of financial resources intended for covering the expenses associated with the Project implementation is suspended or terminated or these expenses are classified by the grant provider as non-eligible; pursuant to Section 82 (8) of Act No. 137/2006 Coll., on Public Procurement, as subsequently amended, the Purchaser is entitled to withdraw from the Agreement if the Seller included any information or documents in its bid not compliant with the reality that were supposed to affect or could have affected the result of the tender. The contracting parties have agreed on partial exclusion of application of the provisions of Section 351 of the Commercial Code in the event of the Purchaser’s withdrawal from the Agreement due to the suspension or termination of the provision of financial resources intended for covering the expenses associated with the Project implementation. In such a case, the Seller shall not claim from the Purchaser compensation of the damage suffered by the Seller in connection therewith. The Seller shall be entitled to withdraw from this Agreement if the Purchaser materially breaches its obligations stipulated herein. The withdrawal from this Agreement shall become effective upon delivery of the termination notice to the other contracting party. AMENDMENTS AND CHANGES OF THE AGREEMENT This Agreement may be amended or supplemented only by written amendments numbered in ascending order that must be inscribed as such and that must be validly signed by both contracting parties. If any of the contracting parties presents a proposal of an amendment to this Agreement, the other party shall be obliged to express its position to the proposal within fifteen (15) days of the day following the delivery of the amendment proposal. The Seller shall be entitled to transfer its rights and obligations arising from this Agreement to another person only with the Purchaser’s prior written consent. FINAL PROVISIONS Subject to the terms and conditions stipulated herein, subject to the Client’s instructions and subject to exercise of all necessary professional care, the Seller hereby undertakes: to archive all written documents executed for the purpose of performing this Agreement and at any time during the term hereof and until 31 December 2025 allow the Client access to such archived documents. The Client shall be entitled after the expiry of 10 years after the completion of the performance hereunder, to collect the above documents from the Supplier free of charge; as an obliged entity pursuant to Section 2 e) of Act No. 320/2001 Coll., on Financial Control in Public Administration, to provide its co-operation in the course of financial control activities, including the provision of access for the managing authority of the OP RDI to such parts of the offers, agreements and relating documents that are subject to protection pursuant to special legal regulations (e.g. business secrets, classified facts), provided that the requirements stipulated in applicable legal regulations are met (e.g. Section 11 c) and d), Section 12 (2) f) of Act No. 552/1991 Coll., on State Control); in the agreements concluded with its subcontractors, allow the managing authority of the OP RDI to perform inspections of the Seller’s subcontractors within the scope set out in the preceding paragraph; submit to the Purchaser a list of subcontractors in compliance with the provisions of Section 147a (1) c) of Act No. 137/2006 Coll., on Public Procurement, as subsequently amended, within 60 days after the Agreement fulfilment or by 28 February of the subsequent calendar year if the Agreement performance exceeds one year. The list shall include subcontractors to whom the Seller paid for their performance more than 10% of the aggregate price of the public contract or of the part of the price paid by the public contracting authority in a single calendar year of the term of the public contract performance exceeds one year; if the subcontractor is a joint-stock company, attach to the list of subcontractors also a list of shareholders executed within 90 days prior to the submission date of the list of subcontractors, in compliance with the provisions of Section 147a of Act No. 137/2006 Coll. In the list of shareholders, the Seller shall state shareholders holding shares the aggregate value of which exceeds 10% of the registered capital. tolerate the publication of this Agreement, including any amendments hereof, by the Purchaser pursuant to the provisions of Section 147a of Act No. 137/2006 Coll., on Public Procurement, as amended. The Parties have agreed that the legal relations established by this Agreement shall be governed by the Czech laws, with the exception of the application of Vienna Convention on Contracts for International Sale of Goods. The Parties have further agreed, in compliance with Section 262 of Act No. 513/1991 Coll., the Commercial Code, as amended (the Commercial Code) that the legal relations established by this Agreement shall be governed by applicable provisions of the Commercial Code. Any and all disputes arising from or in connection with this Agreement shall be resolved with final effect by the competent courts of the Czech Republic having the substantive and territorial jurisdiction. The following Annexes shall constitute an integral part of this Agreement: Annex No. 1 – Detailed Technical Specifications Annex No. 2 – Itemised Budget
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement
Termination of the contractual relationship. The contractual relationship established by this Agreement may be terminated by fulfilment, agreement between the contracting parties, or withdrawal. The Purchaser shall be entitled to withdraw from this Agreement in the following cases: the Seller materially breaches its obligations stipulated in the Agreement; insolvency proceedings being conducted against the Seller; the Seller commits a minor breach of its obligations stipulated in the Agreement and fails to remedy such breach within an additional period provided by the Purchaser; the Seller fails to observe the Purchaser’s instructions despite the Purchaser’s written request; the provision of financial resources intended for covering the expenses associated with the Project implementation is suspended or terminated or these expenses are classified by the grant provider as non-eligible; pursuant to Section 82 (8) of Act No. 137/2006 Coll., on Public Procurement, as subsequently amended, the Purchaser is entitled to withdraw from the Agreement if the Seller included any information or documents in its bid not compliant with the reality that were supposed to affect or could have affected the result of the tender. The contracting parties have agreed on partial exclusion of application of the provisions of Section 351 of the Commercial Code in the event of the Purchaser’s withdrawal from the Agreement due to the suspension or termination of the provision of financial resources intended for covering the expenses associated with the Project implementation. In such a case, the Seller shall not claim from the Purchaser compensation of the damage suffered by the Seller in connection therewith. The Seller shall be entitled to withdraw from this Agreement if the Purchaser materially breaches its obligations stipulated herein. The withdrawal from this Agreement shall become effective upon delivery of the termination notice to the other contracting party. AMENDMENTS AND CHANGES OF THE AGREEMENT This Agreement may be amended or supplemented only by written amendments numbered in ascending order that must be inscribed as such and that must be validly signed by both contracting parties. If any of the contracting parties presents a proposal of an amendment to this Agreement, the other party shall be obliged to express its position to the proposal within fifteen (15) days of the day following the delivery of the amendment proposal. The Seller shall be entitled to transfer its rights and obligations arising from this Agreement to another person only with the Purchaser’s prior written consent. FINAL PROVISIONS Subject to the terms and conditions stipulated herein, subject to the Client’s instructions and subject to exercise of all necessary professional care, the Seller hereby undertakes: to archive all written documents executed for the purpose of performing this Agreement and at any time during the term hereof and until 31 December 2025 allow the Client access to such archived documents. The Client shall be entitled after the expiry of 10 years after the completion of the performance hereunder, to collect the above documents from the Supplier free of charge; as an obliged entity pursuant to Section 2 e) of Act No. 320/2001 Coll., on Financial Control in Public Administration, to provide its co-operation in the course of financial control activities, including the provision of access for the managing authority of the OP RDI to such parts of the offers, agreements and relating documents that are subject to protection pursuant to special legal regulations (e.g. business secrets, classified facts), provided that the requirements stipulated in applicable legal regulations are met (e.g. Section 11 c) and d), Section 12 (2) f) of Act No. 552/1991 Coll., on State Control); in the agreements concluded with its subcontractors, allow the managing authority of the OP RDI to perform inspections of the Seller’s subcontractors within the scope set out in the preceding paragraph; submit to the Purchaser a list of subcontractors in compliance with the provisions of Section 147a (1) c) of Act No. 137/2006 Coll., on Public Procurement, as subsequently amended, within 60 days after the Agreement fulfilment or by 28 February of the subsequent calendar year if the Agreement performance exceeds one year. The list shall include subcontractors to whom the Seller paid for their performance more than 10% of the aggregate price of the public contract or of the part of the price paid by the public contracting authority in a single calendar year of the term of the public contract performance exceeds one year; if the subcontractor is a joint-stock company, attach to the list of subcontractors also a list of shareholders executed within 90 days prior to the submission date of the list of subcontractors, in compliance with the provisions of Section 147a of Act No. 137/2006 Coll. In the list of shareholders, the Seller shall state shareholders holding shares the aggregate value of which exceeds 10% of the registered capital. tolerate the publication of this Agreement, including any amendments hereof, by the Purchaser pursuant to the provisions of Section 147a of Act No. 137/2006 Coll., on Public Procurement, as amended. The Parties contracting parties have agreed that the legal relations established by this Agreement hereunder shall be governed by the Czech laws, law with the exception of the application of Vienna United Nations Convention on Contracts for the International Sale of Goods. The Parties contracting parties have further agreed, also agreed in compliance with Section 262 of Act No. 513/1991 Coll., the Commercial Code, as amended (the Commercial Code) that the legal relations established by this Agreement hereunder shall be governed by applicable provisions of the Commercial Code. Any and all The contracting parties have agreed that any possible disputes arising from or in connection with this Agreement contract shall be resolved finally decided with final effect by the competent courts of the Czech Republic having the substantive and territorial jurisdictioncourts. The following Annexes shall constitute an integral part of this Agreement: Annex No. 1 – Detailed Technical Specifications Annex No. 2 – Itemised Budget
Appears in 1 contract
Sources: Purchase Agreement