Kraków dnia 27 01 2009 - Krakowski Park Technologiczny

CONTRACT NO.
Concluded on ………… day of ………… 2011, between:
Krakowski Park Technologiczny sp. z o.o. With the registered seat at Al. Jana Pawła II 41L, 31-864
Kraków, Poland, registered at the Regional Court for Kraków Śródmieście at number KRS 0000058058,
with the REGON 351381295, and tax identification number (NIP) 675-11-57-834, represented by:
………………………………………. - ……………………………….
………………………………………. - ……………………………….
hereafter referred to as the Contracting Party
and
……………………………………… with the registered seat:………………………………………………, REGON number:
………………………, NIP number: ………………………
hereafter referred to as the Contractor
In result of a public procurement procedure No. …………. awarded in the form of open tender in
accordance with the Act of 29th of January 2004 Law on public procurement (Dz.U. of 2010 No. 113,
item 759 with later amendments) the parties hereby conclude an agreement worded as follows:
§1
1. As a part of the project under the name of “Małopolski Park Technologii Informacyjnych –
Ośrodek Innowacyjności Krakowskiego Parku Technologicznego” (Małopolska Information
Technology Park – Innovation Centre of Kraków Technology Park) co-financed from the
European Regional Development Fund, as a part of the measure. 5.3 (supporting innovation
centres) of the Innovation Economy Operational Programme, the Contracting Party commissions
and the Contractor undertakes to perform a service being the organisation and conducting a
specialist training in Finland concerning the operation of innovation centres.
2. The detailed description of the subject of the contract is contained in the TOR of the 5th
September 2011, being the Appendix No. 1 to this Contract and the Contractor’s bid being
the Appendix No. 2 to this Contract.
3. The Contractor declares that he has all the permits necessary to perform the subject of this
contract, and that he has the know-how, experience, and qualifications necessary for the due
performance of this Contract.
§2
1. The training sessions will be conducted in Finland in October 2011.
2. The Contracting Party reserves the right of detailed negotiation of the dates of performing the
subject of this contract with the Contractor.
§3
1. in return for due performance of the entire scope of this contract on the dates defined in line
with the §2 above, the Contractor will be paid the remuneration amounting to PLN
……………………. before tax (say: PLN ………………………………..).
2. The payment of the remuneration will be made after the completion of the contract, by a bank
transfer, within 14 days from the day of issuing the invoice by the Contractor and the
Commissioning Party confirming the timely and correct performance of the actions that are the
subject of this Contract.
3. The remuneration mentioned in the point 1. above includes all the necessary costs incurred by
the Contractor in reference to the due performance of the subject of this Contract.
§4
Projekt jest współfinansowany ze środków Europejskiego Funduszu Rozwoju Regionalnego w ramach
Programu Operacyjnego Innowacyjna Gospodarka, Działanie 5.3
The Contractor undertakes to maintain due diligence while performing this contract. The Contractor is
obliged to remedy all and any harms and damages resulting from the failure to perform or improper
performance of the Contract, unless such harm or damage results from circumstances that the
Contractor is not responsible for.
§5
1. The Contracting Party has the right to terminate this contract with immediate effect in the
successive cases of gross and repeated violation of the conditions of this Contract, and
specifically – performance of the subject of this contract inconsistently with the appendices
mentioned in the §1 point 2 of this Contract and in the case of determined failure to follow the
guidelines of the Contracting Party concerning the manner of fulfilling the contract.
2. In the case of termination of this Contract or of the expiry of the period it is concluded for, the
Contractor is obliged to transfer all the documents related to the subject of the contract to the
Contracting Party by an appropriate date. The receipt of the documents is to be confirmed in a
report.
§6
1. The parties settle the responsibility for the failure to perform or improper performance of the
Contract in the form of penalty payments.
2. In the case of a failure to perform or improper performance of the obligations defined in this
Contract, and especially those defined in the §1, the Contracting Party may charge penalty
payment amounting to 10% of the remuneration (tax inclusive) set in the §3 point 1 of this
Contract.
3. The Contracting Party has the right to deduct penalty payments from the remuneration due to
the Contractor.
4. Penalty payments will be imposed in the form of a charge note.
5. The Contracting Party may pursue on a general basis its rights related to damages exceeding
the contractual penalty payments.
§7
1. Should a significant circumstance that could not have been envisaged at the moment of
concluding the contract and that renders the performance of this contract beyond the significant
interest of the Contracting Party occur, the Contracting Party may withdraw from the contract
within thirty (30) days from becoming advised about such a circumstance.
2. In the case mentioned in the point 1 above, the Contractor may claim only the remuneration
due from the title of performing a part of the contract.
§8
Parties to this contract undertake throughout its period and after its termination or expiry to maintain
confidential the information they acquired in relation to performing this contract, and technical,
technological, economic, financial, trade, legal, and organisational information concerning the other
party, independent of the form of delivering and source of such information, unless categorically
binding legislation decides otherwise.
§9
1. The person responsible for conclusion of this contract on behalf of the Commissioning Party is:
Director of Development Department of Technology Park.
2. Jointly with the Contractor, the person mentioned in the point 1 above is entitled to negotiate
the forms and methods of undertaking other necessary actions necessary for due performance
of the subject of the contract.
§ 10
the following documents are an integral part of this Contract:
1. TOR of the 5th September 2011 being the Appendix No. 1 to this Contract.
2. The Contractor’s Bid being the Appendix No. 2 to this Contract.
§ 11
Projekt jest współfinansowany ze środków Europejskiego Funduszu Rozwoju Regionalnego w ramach
Programu Operacyjnego Innowacyjna Gospodarka, Działanie 5.3
All and any changes of provisions of this contract require written form, lest null and void.
§ 12
Any disputes that may result from this contract will be arbitrated by a court of jurisdiction material for
the seat of the Contracting Party.
§ 13
In matters not regulated in this contract, provisions of the Civil Code apply.
§ 14
The Contract is drawn into identical originals, one for either party.
The Contracting Party
The Contractor
Projekt jest współfinansowany ze środków Europejskiego Funduszu Rozwoju Regionalnego w ramach
Programu Operacyjnego Innowacyjna Gospodarka, Działanie 5.3