RB-11-2014 Subcontracting Agreement between Comarch Polska S.A. and Comarch S.A.

Pursuant to §5 sec. 1 pt. 3 of the Regulation issued by the Minister of Finance on the 19th of February, 2009 concerning current and periodical information pertaining to companies traded on the stock exchange and on the conditions for recognizing the equivalence of information required by legal regulations binding in a country which is not a member state, the Management Board of Comarch S.A. hereby informs that on the 25th of April, 2014, a contract was signed between Comarch Polska S.A., a subsidiary of Comarch S.A. (hereinafter referred to as the “Comarch Polska”) and Comarch S.A. The tasks covered by the contract are delivery and implementation of the system for digital recording of court proceedings in common courts, hereinafter referred to as the "System", system modifications, as well as maintenance and technical support for the System in relation to the contract concluded between Comarch Polska S.A. and the Ministry of Justice which was announced by Comarch S.A. in the current report no. 6/2014 of the 21st of March, 2014. The contract’s net value amounts to PLN 73,057,979.34. The delivery term, installation, configuration and implementation of the System in the courtrooms in common courts is the 28th of February, 2015; maintenance  and technical support for the System will be provided for 24 months from the date of signing the final acceptance protocol.
Contractual penalties are as follows:
a) contractual penalty in the amount of 20% of the value of unrealized part of the contract, regardless of the contractual penalties for delays, in case of withdrawal from the contract by Comarch S.A. for reasons beyond the control of the Comarch Polska,
b) contractual penalty in the amount of PLN 48,150.00 for each day of delay (except for the reasons attributable to the Comarch Polska) in the implementation of the object of the contract,
c) contractual penalty in the amount of PLN 1,926,000.00  (regardless of the contractual penalties for delays) if the delay in performance of any of the stages of the subject of the contract exceeds 14 days,
d) contractual penalty in the amount of PLN 9,630.00 for each day of delay in the repair of the fatal error,
e) contractual penalty in the amount of PLN 1,926.00  for each day of delay in the repair of a non-fatal error.
Comarch Polska may claim for damages exceeding the value of the contractual penalties in line with general conditions.
The value of the company’s total equity constitutes the significant agreement’s criterion.
The total value of contracts concluded by the companies in the Comarch Group with the Comarch Polska S.A. during the previous 12 months amounted to PLN 99,150,623.34.

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