quality remedial actions to Europol’s satisfaction. The Contractor  may submit written observations on the Formal notification  within 30 (thirty) days of its receipt. Such period shall not be taken into account for the purpose of calculating liquidated damages from the Contractor under Article II-23 (“Liquidated damages”). Europol is entitled to apply the reduction or off-set the price if the Contractor fails to satisfactorily act by the strict deadline set in the notice or if the Contractor’s written observations are not submitted within the deadline specified. 

5. If the Contractor submits its written observations within the deadline specified in the paragraph above, Europol must consider such observations in good faith and notify the Contractor  in writing if it accepts the Contractor’s  observations and therefore will not pursue a reduction or off-setting of price or if it rejects such observations and decides to reduce or off-set the price and the final amount. 

## Article II-12 

## Recovery 

1. This Article is applicable if an amount must be recovered under the Framework Contract . 

## 2. Recovery procedure: 

i. Before recovery, Europol must formally notify  the Contractor  of its intention to recover the amount it claims, specifying the amount due and the reasons for recovery and inviting the Contractor to make any observations within 30 (thirty) days of receipt of Europol’s Formal notification . 

ii. If no written observations have been submitted or if the observations are considered inadequate and Europol decides to pursue the recovery procedure, it must confirm this by means of a debit note issued to the Contractor specifying the date for payment. The Contractor must pay in accordance with the provisions and by the deadline specified in the debit note. 

iii. If the Contractor does not pay by the due date, Europol may, after Formal notification to the Contractor, recover the amounts due: 

a) by offsetting them against any amounts owed to the Contractor by Europol (including under any separate contract between Europol and the Contractor); 

b) by calling in a financial guarantee if the Contractor  has submitted one to Europol; 

## 3. Interest on late payment: 

c) by legal action. 

i. If the Contractor does not pay the amount due by the deadline in the debit note, the amount due bears interest at the rate indicated in Article II-8 (9) (“Payments and guarantees”). Calculation of interest on late payment will cover the period starting on the day after the due date for payment and ending on the date when Europol receives the full amount owed. 

ii. Any partial payment is first entered against charges and interest on late payment and then against the principal amount. 

## 4. Recovery rules in the case of joint tender: 

