RB-27-2008 Contract with Ministry of National Education
Pursuant to &5 sec. 1 pt. 3 of the Regulation issued by the Minister of Finance on October 19th, 2005, concerning current and periodical information pertaining to companies traded on the stock exchange, the Management Board of ComArch S.A. announces that on November 5th 2008, a contract between Ministry of National Education, with its registered seat in Warsaw, at Al. Szucha 25 (hereinafter referred to as the “MNE”) and consortium of Young Digital Planet S.A., with its registered seat in Gdańsk, ul. Słowackiego 175, ComArch S.A. with its registered seat in Krakow, Al. Jana Pawła II 39A, and Ogólnopolska Fundacja Edukacji Komputerowej with its registered seat in Wroclaw, ul. Poziomkowa 12 (hereinafter referred to as the “Consortium”) was signed.
Within the framework of the contract, the Consortium will deliver educational software to post-junior high schools, post-secondary schools and teacher academies. The gross value of this agreement amounts to 98,016,478.00 PLN (in words: ninety-eight million, sixteen thousand, four hundred and seventy-eight zlotys). The Consortium is bound to launch a remote server that will enable educational software collection, and must also deliver information and documents to schools/academies indicated by MEN. This should be performed within 42 days, starting from the contract signing date. A software guarantee service will be provided for a period of 24 months.
The following cases that may invoke payment of contractual penalties are considered in the agreement:
- Failure to execute a completion date, related to launching a remote server enabling educational software collection, as well as delivery of demanded information and documents to schools/academies indicated by MEN, may invoke a contractual penalty of 1 % of the gross value of the agreement (for each day of delay, irrespectively from the value of costs and losses incurred by the Consortium),
- Withdrawal from the contract invoked by the Consortium may result in a penalty of 5 % of the gross value of the agreement (irrespectively from the value of costs and losses incurred by MEN),
- Absence of software availability within the 24 month period beginning from the day of server launch, may invoke a contractual penalty of 1 % of the gross value of the agreement (for each day of diminished software availability, for each day of delay, irrespectively from the value of costs and losses incurred by MEN),
- Exceeding the 21-day period for delivery of software updates may result in a contractual penalty of 0.5 % of the gross value of the given software (for each day of delay),
The above-mentioned contractual penalties do not exclude the possibility of suing for damages on general principles. These contractual penalties are subject to summation.
The value of the company’s total equity constitutes the significant agreement’s criterion.