Contracts concluded by entities of capital group of Apator with PGE Dystrybucja SA
The Executive Board of Apator SA announces that in the period since 13th January 2012 (publication of current report no 3/2012 regarding the contracts concluded by entities of capital group of Apator with PGE Dystrybucja SA) till today, the entities of capital group of Apator concluded with PGE Dystrybucja SA with headquarters in Lublin 42 contracts of total value of 22,9 m PLN. The contracts concerned the supply of electricity meters and inventory of the network. They meet in total the criterion of important contract due to the exceeding of 10% of equities of the issuer.
The contract of the highest value was concluded on 5th March 2013 by subsidiary - Pafal SA for net amount of 2,3 m PLN. It concerns the supply of electricity meters to PGE Dystrybucja SA, Branch Office in Skarżyska-Kamienna. The supplies will be performed till 30th November 2013.
The Executive Board of Apator SA announces that conditions of the above contract do not differ from the conditions of typical transactions on the market and the contract was concluded without any reservation to the condition or the term.
PGE Dystrybucja SA is entitled to the right to calculate the following liquidated damages:
- for each day of the delay in performance of the supply of electricity meters in amount of 0,5% value of the contract;
- for each day of the delay in remedy of the defect in the electricity meter notified in warranty period in the value of 50 PLN for each electricity meter
- for the withdrawal from the contract by either of the party due to the reasons that Pafal SA is responsible in value of 20% contract value
Total value of liquidated damages is limited to the 100% value of the contract
PAFAL SA is entitled to the right to calculate liquidated damages in amount of 20% contract value due to withdrawal by either party due to reasons that PGE Dystrybucja SA is responsible.
If the value of damages exceeds the value of liquidated damages, the parties are allowed to claim their compensations according to the civil code to the amount of the value of damage suffered but the total value of liquidated damages and supplementary compensations is not allowed to exceed 200% of the contract value.
Legal base : § 5 article 1 point 3 of the Regulation of Minister of Finance regarding current and regular information being transferred by the issuers of securities and conditions of the information to be considered as equivalent one required by law of the country not being the member of the EU.
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