Current Report No. 16/2017 — 18.10.2017 11:12Conclusion of an agreement with the Resort Centre for IT Networks and Services Management
The Management Board of Atende S.A. (′Issuer′), with reference to the current reports No 12/2017 dated September 19th and No 15/2017 dated October 12th, 2017 reports that on October 18th, 2017 an agreement has been signed between the Company and the Resort Centre for IT Networks and Services Management (the ′Employer′) with a value of PLN 61.3 million gross (the ′Agreement′). The subject of the Agreement is the development of the Employer’s three-centre virtualisation platform environment, consisting in the delivery of a product range for the expansion of IT infrastructure, installation and reconfiguration of the virtualisation platforms, and the provision of training and maintenance services. The subject of the Agreement also covers optional deliveries of PLN 5.1 million gross which shall be carried out solely on the Employer's written instruction.
In accordance with the Agreement, the supply of the product range is to be carried out no later than by 30 November 2017. A period of 12 months from the date of execution of the Agreement is provided for the implementation of the installation, reconfiguration and training services. The guarantee service will be provided until 31 December 2019.
The Agreement defines liquidated damages for (i) withdrawal from the Agreement in whole or in part or termination of the Agreement for reasons attributable to the Company in the amount of 20% of the Agreement value; (ii) delay in the performance of the entire subject of the Agreement in the amount of 0.2% of the Agreement value for each day of delay; (iii) delay in removal of defects in hardware and software disclosed during the warranty and statutory warranty period in the amount of PLN 2,000 for each day of delay; and (iv) due to non-payment or untimely payment of remuneration due to subcontractors in the amount of 0.2% of the Agreement value. In addition to liquidated damages, the Employer may pursue damages under the general Civil Code rules to the amount of actual damages, however the total liability of the Company for non-performance of the obligations arising from the basic contract may not exceed the price of the tender submitted by the Company. Furthermore, the Employer is entitled to a discount of 0.1% of the value of the supply (or service) which was not performed within the deadline for each commenced day of delay. The general terms and conditions for the performance of the agreement do not differ from standard terms and conditions for this type of services.