RB-6-2018 Conclusion of a Settlement with The Agency for Restructuring and Modernisation of Agriculture

RB-6-2018 Conclusion of a Settlement with The Agency for Restructuring and Modernisation of Agriculture

Referring to current report no. RB-4-2014 dated the 19th of May, 2014 (regarding receipt of an accounting note from the Agency for Restructuring and Modernization of Agriculture (hereinafter referred to as the "ARMA") covering a contractual penalty in the amount of PLN 32,455,497.28 (in words: thirty two million four hundred fifty-five thousand four hundred ninety-seven zlotys 28/100) in connection with the implementation by Comarch SA of the agreement of the 29th of April, 2013 (hereinafter referred to as the "OFSA Agreement") and current report no. RB-4-2015 of the 15th of January, 2015 informing on the delivery to Comarch SA on the 14th of January, 2015 lawsuit to pay PLN 34,493,717.28 (thirty-four million four hundred ninety-three thousand seven hundred seventeen zlotys and 28/100) - brought against Comarch S.A. by ARMA to the Regional Court in Warsaw The Third Civil Department - for contractual penalties calculated by ARMA, the Management Board of Comarch S.A. informs that on the 23rd of April, 2018, a settlement was reached between Comarch S.A. and ARMA before a court mediator. As part of this settlement - making mutual concessions - the Parties agreed that the contractual penalties due to ARMA due to improper performance by Comarch S.A. OFSA Agreement amount to PLN 3,478,473.60 (in words: three million four hundred seventy eight thousand four hundred seventy three zlotys and 60/100) and that they will be settled with due Comarch S.A. from ARMA compensation, the amount of which, as part of mutual concessions, was set at PLN 1,478,098.24 (in words: one million four hundred seventy eight thousand ninety eight zlotys and 24/100) - due to lost profits resulting from ARMA's failure to conclude contracts with consortium of Comarch S.A. and Comarch Polska S.A. for "Maintenance and development of the IT Information System of the Agency - SIA (ZSZiK, IACSplus, GIS, SIZ, PZSIPplus, PA)" (hereinafter referred to as the "SIA Agreement") - as a result of concluding this agreement with another contractor. As a result of the settlement, the total value of the contractual penalty to be paid by Comarch S.A. will amount to PLN 2,000,375,36 (in words: two million three hundred seventy five zlotys and 36/100), which is in the reserve established by Comarch S.A. in 2014 in the amount of PLN 2,276,882.40 (in words: two million two hundred seventy six thousand eight hundred eighty two and 40/100). At the same time, as part of the aforementioned settlement, ARMA has waived further claims for contractual penalties related to the performance of the OFSA Agreement, and Comarch S.A. waived all further claims related to the failure to sign the SIA Agreement. The Management Board of Comarch S.A. informs that he has taken action to approve the above-mentioned settlement by the competent court.