H4-SV-11-D f the Flender integration as Business Unit Mechan Helical gear boxes H4

Flender/Flender Gear Units/Helical gear boxes H4

failure of the Cust omer to perfo rm its obligations. This includ es without limitation the delivery of required docume nts (such as necessary permits and approvals), timely perfo rmance of any work to be undertaken by the Customer or any third party appointed by the Cust omer, and omplia nce with the te rms of payment. 5.2 If Flender does not meet any binding dates solely due to the fault of Flender, the Customer shall be entitled to liquid ated damag es amounting to0, 5% of he price of the delayed part of the Services per complete week of delay, in which the Cust omer suffered loss as result of such delay. Liquid ated damag es payable in cas of dela shall limited to 5 % of th price of th delayed part of the Se rvices. If Serv ices are provided on basis of flat rate fee, the value of the service fee applicable to one month shall be used for calculating uch liquid ated amages and the ma ximum amount of liquid ated amages. 5.3 Any rights and emedies of the ustomer in ase of delay othe than those xpressly stipul ated in this Clause 5 and in Cla use 1.2 ) below shall be excluded, to the extent permissible by law. 5.4 If the ustomer, the Cust omers contractors, or any other third party put in charge by the Customer caus es delay to the provision of the Servic es, the Customer shall re imburse Flende all additiona costs and xpenses incurred due such delay. 6. Force Majeur 6.1 Force Majeure Event means any event which is beyond th reasonable control of party or its subcontr actors, which coul not have been prevented by good industry pract ice and which results in party, its Affiliat es or any of its sub-contracto rs or sub- suppliers (the Affected Part ) being unable to perform being delayed in performing in whole or in part its obligatio ns