## II.14 FORCE MAJEURE 

II.14.1  If a party is affected by Force majeure , it must immediately notify  the other party, stating the nature of the circumstances, their likely duration and foreseeable effects. 

II.14.2 A party is not liable for any delay or failure to perform its obligations under the FWC if that delay or failure is a Result  of Force majeure . If the contractor is unable to fulfil its contractual obligations owing to Force majeure , it has the right to remuneration only for the services actually provided. 

II.14.3  The parties must take all necessary measures to limit any damage due to Force majeure . 

## II.15 LIQUIDATED DAMAGES 

## II.15.1 Delay in delivery 

If the contractor fails to perform its contractual obligations within the applicable time limits set out in this FWC, the contracting authority may claim liquidated damages for each day of delay using the following formula: 

0.3 x ( V/d ) 

where: 

V  is the price of the relevant purchase or deliverable or Result ; 

d  is the duration specified in the relevant specific contract for delivery of the relevant purchase or deliverable or Result  or, failing that, the period between the date specified in Article I.4.2 and the date of delivery or performance specified in the relevant specific contract, expressed in days. 

Liquidated damages may be imposed together with a reduction in price under the conditions laid down in Article II.16. 

## II.15.2 Procedure 

The contracting authority must formally notify the contractor of its intention to apply liquidated damages and the corresponding calculated amount. 

The contractor has 30 days following the date of receipt to submit observations. Failing that, the decision becomes enforceable the day after the time limit for submitting observations has elapsed. 

If the contractor submits observations, the contracting authority, taking into account the relevant observations, must notify  the contractor: 

(a) of the withdrawal of its intention to apply liquidated damages; or 

(b) of its final decision to apply liquidated damages and the corresponding amount. 

## II.15.3 Nature of liquidated damages 

The parties expressly acknowledge and agree that any amount payable under this Article is not a penalty and represents a reasonable estimate of fair compensation for the damage incurred due to failure to provide the services within the applicable time limits set out in this FWC. 

