penalties or liquidated damages; and the future success of Nortel’s strategic alliances.

(If not, the liquidated damages provision may not be enforceable).

(2) What is "completion" for the purposes of establishing the payment of liquidated damages?

(1) Does the contract provide for the payment of liquidated damages in the event of delay?

(c) handover of the plant nevertheless to take place and for the contractor to pay "buy down" liquidated damages (see E.(11)?

In addition, the amount of the unpaid invoice will be increased with 15%, with a minimum of 266 zl, by way of conventional and lump-sum damages.

In addition, the amount of the unpaid invoice will be increased with 15%, with a minimum of 62 Euro, by way of conventional and lump-sum damages.

(6) Does the contract provide for a clear right of the employer to terminate for prolonged delay (i.e., when the maximum limit of liquidated damages has been reached)?

Any invoice not paid at the agreed maturity will automatically be increased by 1.5 per month of delay to which will automatically be added a flaterate recovery compensation of 40€ in additional to conventional interest and damages.