Significant contract concluded by subsidiary - Apator Rector Sp. z o. o.
Apator SA announces that the subsidiary - Apator Rector Sp. z o. o. is the member of Consortium with the leader of Comarch SA. The above mentioned Consortium on the 15th June 2012 concluded significant contract with Tauron Dystrybucja SA for the delivery and implementation of IT system for the management of network assets in Tauron Dystrybucja SA and the rendering of maintenance services for the system. Total net value of the contract is 78,9 m PLN. There is estimated net value of revenues for Apator Rector Sp. z o. o. resulting of the performance of the contract is 39,3 m PLN in that amount. Implementation part will be performed by the Consortium for 3 years since the 2nd July 2012 but the service part will be performed for 5 years since completion of the implementation In result of the contract concluded Apator Rector Sp. z o. o. will implement the following system for the management of network assets for Distribution System Operator in Poland and it confirms that it is the leader in implementation of such type IT systems in Poland. The systems supporting management of network assets provided by Apator Rector Sp. z o. o. will cover the area up to 128 000 square kilometres in Poland. Apator SA announces that conditions of the contract signed by the leader of the Consortium - Cromach SA do not differ from the conditions of typical transactions on the market. During the term of the contract and in the period of 3 years afterwards in case of breaching of provisions concerning keeping the secret and to use the information exclusively for the performance of the contract Consortium will pay to Tauron Dystrybucja SA contractual penalty in net value of 500 000 PLN, while due to the violation of the obligation to keep confidential and data regarding customers of Tauron Dystrybucja SA, contractual penalty in net amount of 10 m PLN. For each day of the delay of Consortium in completion of the performance of stage or phase of the project Tauron Dystrybucja S.A. is entitled to charge Consortium with contractual penalty in amount of 87.927,39 PLN for each day of the delay in acceptance of the completion of the phase or stage. As regards the obligation of rendering the service of the system the delay for each day of remedy of the failure or defect versus the terms specified in the contract, Consortium is obligated to pay contractual penalty in amount of 910,33 PLN for each commenced day of the delay. In case of rendering the technical support services in versus the date of completion of the performance of services indicated in the schedule presented by Consortium, Consortium is obligated to pay contractual penalty in amount of 910,33 PLN for each day of the delay, the penalty is calculated for each commenced day of the delay. In case of contract termination in the following cases: negative result of acceptance of performance of the stage or the stage of commencement of the manufacturing process included in stages 1 or 2 or 3 or breaching the provisions of the contract by Consortium, if the breaching is not remedied within 14 days since the date of its occurrence or the breaching of the provisions by Consortium relating to intellectual property rights of the third entities or when discrepancies or defects are found during the technical acceptance or Pilot A or Pilot B causing in opinion of Tauron Dystrybucja SA, lack of positive prognosis to comply with quality requirements for the product during normal acceptance procedure allowing some number of repetitions of acceptance regardless of the obligation to return the receivables which are subject to be returned, Consortium will pay contractual penalty in gross amount of 30% of contractual value. The payment of contractual penalties does not exclude the entitlement to pursue the compensations exceeding the value of the penalties. The contract has been considered as significant one due to its value exceeds the 10% of equities of Apator SA. During the last twelve months the entities in Grupa Apator concluded with entities in Grupa Tauron 9 contracts of total net value of 67,4 m PLN (including the above described in the part concerning Apator Rector Sp. z o. o.). The contract of the highest value in that period is the above described one. Legal basis: § 5 para 1 point 3 of the Regulation of Minister of Finance regarding current and regular information being transferred by the issuers of securities and conditions to be considered as equivalent information required by law of the country not being the member of the EU.
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