RB-12-2007 Contracts with Ogólnopolska Fundacja Edukacji Komputerowej
Pursuant to &5 sec. 1 pt. 3 of the Regulation issued by the Minister of Finance on 19 October 2005 concerning current and periodical information pertaining to companies traded on the stock exchange, the Management Board of ComArch S.A. announces that received two contracts between ComArch S.A. (hereinafter referred to as the "ComArch") and Ogólnopolska Fundacja Edukacji Komputerowej (hereinafter referred to as the "OFEK").
The first one was signed on 30 April 2007 and amounts to 33,031,809.29 PLN, and the second one was signed on 9 May 2007 and amounts to 16,398,680.50 PLN. The Management Board of ComArch S.A. announces that the total value of contracts that were signed between ComArch and OFEK during the last 12 months exceeded 10 % of the company's equity that fulfil the significant agreement's criterion. From among the contracts that were signed with OFEK during the last 12 months, the highest value contract is the above-mentioned one that was signed on 30 April 2007. Within the framework of the contract, OFEK will deliver, install and connect to network computer labs, as well as integrate all these elements. The net value of this agreement amounts to 33,031,809.29 PLN. The contract will be executed during 67 days beginning from the contract signing date, guarantee service will be provided during at least 36 months beginning from delivery date.
The following cases that may cause payment of contractual penalties are considered in the agreement:
1. failure to execute completion date may cause contractual penalty in the amount of 1 % of the gross value of the non-performed part of the agreement (for each day of delay),
2. withdrawal from the contract caused by OFEK may result in 5 penalty in the amount of 5% of the gross value of the non-performed part of the agreement,
3. delivery of hardware and software against the agreement or disagreement between ordered and executed network installation may cause contractual penalty in the amount of 1 % of the gross value of computer lab which was delivered against the agreement for every day until the correct equipment is delivered and correct web installation is done (for each day of delay),
4. exceeding of 5-day period for delivery completion or hardware, web construction and software implementation against the agreement caused by OFEK may result in contractual penalty in the amount of 1 % of the gross value of computer lab which was delivered against the agreement (for every day until the correct equipment is delivered or the correct web installation is prepared),
5. delay in guarantee services may result in contractual penalty in the amount of 1 % of delivered and installed equipment (for each day of delay in reparation),
6. breach of new contract execution date that was established due to fact that school was not prepared for commissioning of computer labs may result in contractual penalty in the amount of 50 % of the gross value of undelivered computer lab.
The above-mentioned contractual penalties do not exclude a possibility of suing for damages on general principles. These contractual penalties are subject to summation.
The total value of contracts signed with OFEK during the last 12 months amounts to circa 64 million PLN. The value of the company's total equity constitutes the significant agreement's criterion.