Demand for payment of the contractual penalty
The Management Board of Apator SA (“Issuer”) informs that the Consortium with the participation of Apator Rector Ltd, the leader of which is Comarch SA received from Tauron Dystrybucja SA the demand for joint and several payment of the contractual penalty arising from the delay with respect to discharging the contractual obligation to realize and implement the Asset Management System. The contract is being realized by four consortium members and was entered into 15th June 2012.
The amount of the contractual penalty indicated in this demand comprises:
a. Contractual penalty amounting to 22 149 507,94 PLN charged for the delay in realizing passportization,
b. Contractual penalty amounting to 2 469 063,87 PLN charged for the delay in performing Stage 2 of the contract,
c. Contractual penalty amounting to 5 627 499,80 PLN charged for the delay in performing Stage 3 of the contract.
Issuer maintains that the demand for payment of the contractual penalty is unjustified because it is not grounded on facts; that is:
- there is no contractual basis for charging the penalty for delay in realizing passportization,
- the penalties for the delay in performing Stages 2 and 3 does not take into account the circumstances having an influence on the punctuality of the realization of these Stages by Apator Rector Ltd, with the circumstances lying on the part of Tauron Dystrybucja SA.
Issuer informs that there are actions taken aimed at resolving the dispute amicably and settling the level of the penalty proportionately to the level of breaching the contract on the part of Apator Rector sp. z o.o. At the same time, Issuer informs that at the end of 2016, in the entity
Apator Rector sp. z.o.o., the provisions were created, the provisions properly reflecting, in Issuer’s estimation, a justified level of penalty.
Issuer will inform about the results of the conducted investigations.
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