CONTRACT FOR DESIGN

Today, ……..2020, in the city of Varna:
 1.	Karin Dom Foundation with UIC 813145053, with registered address and head office in the city of Varna, Sveti Nikola Area, Villa Stancioff, represented by its Executive Director Maya Emilova Doneva, referred to hereinafter as Investor/Principal, on one part,
and
2. „…………………”, referred to hereinafter as Designer, on the other part,

entered into the following contract, after an international architectural design contest for a SCHEMATIC DESIGN for a new building of Karin Dom Foundation, with the first-ranked participant in the competition according to the announced conditions.

I.	SUBJECT MATTER OF CONTRACT

Art. 1.(1) The Principal assigns and the Designer agrees to perform, in return for the agreed remuneration and under the terms and conditions of this Contract, the following work: Elaboration of an investment design for a new building for Karin Dom in the following property: Regulated plot of land (RPL) with ID 10135.2556.383 (ten thousand one hundred thirty-five. two thousand five hundred fifty-six. three hundred eighty-three) with surface area of ​​2,450 (two thousand four hundred and fifty) square meters, part of RPL I-309 situated in quarter 996 according to the plan of the 5th micro district, district of Primorski, city of Varna, located in the city of Varna, 17-19 Doyran Str., referred to hereinafter as the “Work”.
	The investment design shall also comply with the requirements of Bulgarian legislation.
The tasks of the Designer include the following activities:
1.	Elaboration of technical design;
2.	Assistance in the coordination and approval of completed designs;
3.	Elaboration of work design;
4.	Consultations during selection of builder;
5.	Author’s supervision during the construction process;
6.	Participation in the procedures for commissioning of the construction project.
(2) In return for the work performed, the Principal shall pay the Designer the agreed remuneration in the amount and pursuant to the terms and conditions stated herein.
Art.  2. The Designer shall deliver the assigned Work in compliance with the Principal’s Terms of Reference and the Schematic Design ranked first in the competition (hereinafter referred to as the Schematic Design), constituting respectively Annexes № 1, № 2 hereto (“Annexes”) and forming an integral part hereof.
Art.  3. (1) Within 7 (seven) days of the date of conclusion of this Contract but not later than the beginning of its execution, the Designer shall notify the Principal of the names, contact details and representatives of the subcontractors it intends to use for the execution of the awarded work.
 (2) The Principal can make a reasoned objection against the persons referred to in paragraph 1 and the Designer undertakes to propose others in order to replace them. 
 (3) The Designer shall notify the Principal of any changes in the information provided under Article 1 which may occur in the course of Contract execution within 3 (three) days from the occurrence of the relevant circumstance.

ІІ. DEVELOPMENT OF THE INVESTMENT DESIGN

Art.  4.(1) Scope
1.	The Designer shall elaborate a technical design in compliance with the Terms of Reference and the regulatory requirements, in such scope and content as are required to obtain a Building Permit on the basis of a Technical Design.
2.	The Principal may amend up to 5% (five percent) of the Terms of Reference in the course of the design process provided that this does not result in an increase in the remuneration agreed herein. The amendments may only affect minor changes.

(2) The Designer shall develop the designs in two phases – a technical design and a work design:
2.1. Part “Architecture” – technical design phase;
2.2. Part “Water Supply and Sewage Installation” – work design phase including water main branch and connection to the street sewage network;
2.3. Part “Electrical Installation” – work design phase – electrical installations, electrical equipment, power supply of the technological equipment for the water and sewerage systems and the heating, ventilation and air-conditioning systems, telephone installation, intercom system, grounding installation, cable TV and Internet and others; 
2.4. Part „Thermal and energy efficiency (ТЕЕ)“ – work design phase – energy efficiency, toilet ventilation, heating, ventilation and air-conditioning (HVAC);
2.5. Part “Vertical Planning” – vertical planning;
2.6. Part “Safety and health plan” – with scope meeting the requirements of the authority issuing the building permit;
2.7. Part „Landscaping” – with scope meeting the requirements of the authority issuing the building permit;
2.8. Part „Fire and Emergency Safety“ – with scope meeting the requirements of the authority issuing the building permit.
2.9. Part „Construction Waste Management Project” – with scope meeting the requirements of the authority issuing the building permit.
2.10. Quantity bills and Bills of Quantity and Costs for all parts of the design.

(3) A building permit is to be obtained based on the technical design.
(4) The designer must carry out all factual and legal actions required for certification of the executive documentation.
(5) Based on the prepared investment design, the Principal, independently or through a Consultant, shall ensure the coordination and approval of the design with the bodies of the municipal administration and shall ensure the issuance of a Building Permit for the Site. The Designer shall actively cooperate in this process by defending the design and providing relevant additional clarifications or documents to the competent authorities, preparing an assessment of compliance for all parts of the investment design with the essential legal requirements to the construction works in the form of a comprehensive report:
5.1.	signing and/or submitting applications, declarations and documentation;
5.2.	appearing before administrative or other authorities to defend and clarify the solutions contained in the design;
5.3.	obtaining or providing information;
5.4.	correction of prepared designs as directed by the Consultant or the coordinating and approving authorities;
5.5.	carrying out any factual and / or legal action that require the participation of the Contractor.
(6) The Designer shall make the interior design by providing proposals for furniture and equipment as required by the Principal.

III. CONSTANT DESIGNER (AUTHOR’S) SUPERVISION

Art.  5. (1) From the opening of the construction site until the date of commissioning of the site, the Designer shall ensure the presence of a qualified and competent specialist (Constant Designer Supervisor) at the construction site on a weekly basis;
	(2) The main duty of the Constant Designer Supervisor is to produce work drawings and details that must:
2.1. Meet the requirements of the applicable legislation and the Terms of Reference of the Principal;
2.2. Clarify the solutions contained in the technical design to an extent that enables the full implementation of all types of construction and installation works.

(3)	The Constant Designer Supervisor shall also have the following duties:
–	to explain the designs and provide additional design solutions;
–	to perform designer supervision in order to control the accurate compliance with the elaborated designs from the opening of the construction site to the commissioning of the Site (inclusive);
–	participate in the preparation, approval and signing of mandatory reports and acts during the construction of the Site;
–	to provide technical assistance and professional solutions in case of questions posed by the Principal or the Builder and to provide appropriate advice;
–	to coordinate in advance the materials that will be used on the site:
a)  to require samples or detailed descriptions of materials from the Builder;
b)	to assess whether the design’s indicators and parameters are met;
c)	to consider whether these are the most economically feasible solutions, both in terms of implementation and in terms of operation and maintenance;
d) any opinions on the materials shall be given in writing to the Builder, with a copy to the Principal within 5 working days of the request.
	(4) In case incorrect implementation of the construction and installation works is established in the construction of the Site, in a scope exceeding the permissible deviations as per the regulations, the Designer shall have the right to request the removal of the deviations by the Builder after making an entry in the order book of the Site. In these cases, the Designer shall immediately inform the Principal in writing.

IV. PARTICIPATION IN THE SITE COMMISSIONING PROCEDURES

Art.  6.(1) In view of the needs of the Principal to conduct a procedure for Final Approval of the execution of the Builder (preceding the review for execution of Report Form 15), the Designer shall:
a.	All designers of construction parts are obliged, in the presence of the Constant Designer Supervisor and the Site Manager, to perform the First Complete Inspection of the Site within 15 days of receiving a Written Request from the Principal for that purpose;
b.	A written report to the Principal on the quality of the execution and the Designer’s remarks regarding the execution is to be drawn up for each construction part and submitted to the Builder for remedying;
c.	The opinion and remarks must reflect expert opinion:
i.	If the remarks can be remedied, they are to be qualified as such and instructions are to be given for that purpose;
ii.	If the remarks cannot be remedied, they are to be qualified as such and an opinion is to be given:
1. whether they impact the safe operation of the buildings, facilities and systems;
2. whether they hinder the possibility of commissioning;
d.	Written reports shall be submitted within 5 days of the date of the inspections.
e.	If repairable defects are found, then the Designer shall make a Second Inspection under this provision and prepare the relevant documents.
(2)	The Designer shall sign all reports and acts during the construction as required by the current legislation.
(3)	The Designer shall participate in the procedures for commissioning of the building and shall sign the relevant documents including Report Form 15.

V. TERMS OF REFERENCE OF THE PRINCIPAL

Art.  7. (1) The Principal shall provide to the Designer Terms of Reference - Annex № 1 hereto. All annexes to the Terms of Reference shall be considered an integral part thereof and of this Contract;
(2)	The Terms of Reference contain a description with detailed instructions for the investment design and construction of the New Building for Karin Dom in accordance with the competition programme, as well as further instructions and specifications depending on the specific activity of the Principal.
(3)	The following shall also be part of the Terms of Reference of the Principal:
1. Design of Detailed Site Development Plan – Development Plan (Annex №1b);
2. Master Plan with outlined development boundaries (contour) of the building and a transport solution (Annex №1c);
3.	The written instructions of the Principal, including those for remedying deficiencies and errors that do not fall beyond the limits of the Terms of Reference and the Schematic Design;
(4)	In the course of implementation of the subject matter of this contract, the Designer shall strictly comply with the Terms of Reference, unless such Terms are contrary to the mandatory provisions of the applicable law.

III. DEADLINES

Art.  8. This contract shall enter into force on the date of its signing by both parties and shall end with the commissioning of the building.
Art.  9. (1) The deadline for execution of the assigned works is 120 (one hundred and twenty) calendar days as of the Date of Entry into force of this Contract. This is the time limit for elaboration of the design under Article 1 and its submission to the Principal with a handover report. 
(2) The interim deadlines for the implementation of the Works are as follows:
1. Delivery of an update of the schematic design – within 15 (fifteen) calendar days after the signing of this contract;
2. Delivery of a technical design for all project parts – within 75 (seventy-five) calendar days after the signing of this contract;
3. Delivery of the work design – 30 days after acceptance of the technical design;
 (3) The deadlines for execution of the tasks of the Designer set out in this article cease to run:
1. for the period of coordination of the solutions in the schematic design phase with the Principal, and the period during which the Principal assesses and issues an opinion on/accepts the work delivered to the Principal;
2. during periods of delay caused by actions of the administration and/or changes in the statutory acts regulating the relevant matter;
3. for the period of duration of any action or omission of the Principal preventing the Designer from fulfill its duties as agreed herein;
4. in force majeure circumstances while the force majeure lasts.
(4)	The place of execution of the work shall be the city of Varna. 

IV. REMUNERATION OF THE DESIGNER COSTS.

Art. 10. (1) For the execution of the work under Article 1 hereof the Designer shall be entitled to a remuneration with a total amount equal to the equivalent in BGN of EUR 100,000 (one hundred thousand euro), VAT excluded, calculated at the fixed rate of the Bulgarian National Bank (BNB), equal to BGN 195,583 (one hundred ninety-five thousand five hundred and eighty-three levs) or BGN 234,700 (two hundred thirty four thousand seven hundred levs) with included VAT, referred to hereinafter as the “Price” or “Contract Value“).
(2) The Price under paragraph 1 includes all costs of the Designer for the execution of the Work, including expenses related to the staff that will execute the contract and/or the members of the management who will be responsible for the execution, and its subcontractors and the Principal shall not pay any other expenses incurred by the Designer.
 (3) The price specified in paragraph 1 is fixed/final for the execution of the Work for the period of execution of the Contract and is not subject to change, except in the cases explicitly agreed in this Contract 
Art.  11. (1) The total remuneration due to the Designer under the respective phases shall be paid as follows:
Advance payment amounting to 20 % of the Contract value – the equivalent in BGN of EUR 20,000 calculated at the fixed rate of the BNB, equal to BGN 39,117 (thirty-nine thousand one hundred and seventeen levs) – payable within 5 days after conclusion of the Contract;
Second payment amounting to 30% of the Contract value – the equivalent in BGN of EUR 30,000 calculated at the fixed rate of the BNB, equal to BGN 58,675 (fifty-eight thousand six hundred and seventy-five levs) – within 5 days after approval of the technical design with a handover report;
Third payment amounting to 30% of the cost of the Contract – the equivalent in BGN of EUR 30,000 calculated at the fixed rate of the BNB, equal to BGN 58,675 (fifty-eight thousand six hundred and seventy-five levs) – within 5 days after approval of a work design with a handover report;
Fourth payment amounting to 20 % of the Contract value – the equivalent in BGN of EUR 20,000 calculated at the fixed rate of the BNB, equal to BGN 39,117 (thirty-nine thousand one hundred and seventeen levs) – within 5 days after commissioning of the building.
	 (2) The remuneration determined in the above paragraphs does not include VAT. The Designer shall issue an invoice for the payment made.
(3) The fees due in connection with the approval of the design, as well as any fees payable under the administrative procedures, shall be borne by the Principal 
 (4) The remuneration shall be paid by means of bank transfer into the following bank account with:
„……………………..” JSC
IBAN ………………………………………..
BIC …………………………………..
Payments made by bank transfer shall be considered valid payments as of the date of crediting of the bank account of the Designer with the due amount.

V. RIGHTS AND OBLIGATIONS OF THE PRINCIPAL

Art. 12. (1) Upon conclusion of this Contract the Principal shall provide the Designer with input data and documents. The Principal shall be responsible for the accuracy and correctness of the submitted input data and documents.
 (2) The Designer may request from the Principal further input data for research purposes, if necessary, and that shall not be part of the assignment herein.
Art. 13. (1) The Principal shall:
1. accept the design work completed under this Contract provided that the work is of the appropriate quality and scope of the confirmed assignment;
2. pay to the Designer the agreed amount of the remuneration under the terms and conditions stated herein;
3. provide and ensure access for the Designer to the information necessary for the execution of the Work subject of the Contract in compliance with the relevant requirements or restrictions under the applicable law;
4. keep the Confidential Information as agreed hereunder;
5. assist the Designer in connection with the implementation of this Contract including for the elimination of obstacles to the implementation of the Contract where the Designer requests that.
Art. 14. (1) The Principal may request changes in design work if such changes do not exceed the scope of the Terms of Reference and at an accepted and approved prior phase, if any.
 (2) At the request of the Principal, the Designer may also agree to make changes that exceed the scope of the Terms of Reference (i.e. amending the Terms of Reference) and such changes shall be negotiated with an additional agreement to this Contract and shall be subject to additional remuneration.
 (3) When the Parties agree to make changes under the conditions of the preceding paragraphs, they shall also agree on an additional time limit for their implementation. In case there is no explicitly agreed additional time limit, it shall be considered that the changes are to be implemented within a reasonable period.
 (4) The Principal may not make changes to the design during the construction process either alone or through third parties without giving prior written notice to the Designer and without obtaining the Designer’s explicit written consent, and in the cases where required – also after the elaboration and approval of the design solution.
Art. 15. (1) The Principal has the right to exercise ongoing control over the design process performed under this Contract without hindering the work of the Designer.
(2) The control under the previous paragraph may be exercised by employees of the Principal or by a person specifically authorized by the Principal. 
(3) The Principal shall provide a list of the persons authorized under this Contract and their contact details within 14 working days from the signing of this Contract. 

VI. RIGHTS AND OBLIGATIONS OF THE DESIGNER

Art.  16. (1) The Designer shall:
1.	provide the Work and fulfil its obligations hereunder within the agreed terms and with the agreed quality in compliance with the Terms of Reference and the Schematic Design;
2.	inform in due time the Principal of any obstacles encountered in the course of execution of the work, suggest a way to remove them, and may ask the Principal for instructions and/or assistance for their removal;
3.	fulfil all lawful instructions and requirements of the Principal;
4.	keep the Confidential Information as agreed in the Contract;
5.	coordinate the work of all members of the design team, bearing full responsibility for the work of its employees as well as for the work of its subcontractors, if any, under this specific assignment.
6.	participate in all workshops related to the implementation of this Contract;
7.	coordinate with the Principal, at an intermediate stage, the design developments, as well as the selection of the main technical solutions, engineering networks, installations and systems according to the Terms of Reference for design, and provide different solutions, technical and price justifications, etc.
8.	provide clarifications on the execution of the assignment upon request by the Principal. The clarifications shall be given immediately after the Principal has sent a question and in case no immediate response is possible – the Designer shall respond within two days from the receipt of the request for clarification.
9.	report and defend its solutions during the expert evaluation, review, announcement and validation by the Principal;
10.	fulfil the instructions of the persons authorized by the Principal which do not violate its operational independence, are feasible and do not contradict this Contract and the law;
11.	submit on paper as many copies of the investment design as described in the Terms of Reference and the design in digital form, including the Quantity bills and Bills of Quantity and Costs per design part and a summary Bill of Quantity and Costs for the whole site.
12.	remove at its own expense the omissions, inconsistencies and errors in the designs found during the procedures of coordination and approval with the competent authorities and organizations – bodies of the central and local authorities, utility companies and others determined under the current legislation, within the deadlines specified by the parties on the basis of the scope of work.
 (2) The Designer shall elaborate all parts of the design by applying the following principles of design:
-	Optimization of design solutions to minimize construction and operating costs;
-	Conformity of design solutions with modern technical and technological solutions and materials used;
-	Uniformity of design decisions.
Art.  17. As a Performance Guarantee, the Designer shall provide Professional Liability Insurance with an insurance coverage of at least EUR 1,452,000 or the equivalent in BGN, and shall give the Principal an original copy of an insurance policy issued in favour of the Principal wherein the Principal is listed as a third party beneficiary. The insurance must meet the following requirements:
1. secure the implementation of this Contract by providing coverage for the liability of the Designer;
2. be valid for the entire duration of the Contract plus 30 (thirty) days after the termination of the Contract. 
(2) The costs of the insurance contract and the maintenance of the insurance for the required period, as well as the costs related to payments of insurance indemnification in favour of the Principal, shall be borne by the Designer.
VІI. REPORTING, HANDOVER AND ACCEPTANCE OF THE IMPLEMENTED WORK
Art.  18. The Designer shall report to the Principal on the current progress of Contract execution as follows:
1.	The Designer shall organize every 2 /two/ weeks a briefing with the Principal to discuss and report on Contract execution;
2.	The Parties shall provide each other with the necessary information and documentation for the forthcoming briefing or set explicit questions and problems that must be discussed, no later than 2 pm on the previous day;
3.	At these briefings the Designer shall produce the documents required to certify the current progress in fulfillment of the subject matter of the Contract;
4.	Minutes shall be drawn for the briefings outlining the discussed issues, any decisions taken, any documents and papers submitted and the tasks assigned to the next briefing. The minutes must be drawn up and signed during the briefing by representatives of both parties;
5.	The Designer shall take into account the current instructions of the Principal in  implementation of the assigned Work.
6.	The Designer shall coordinate with the Principal the elaborated designs in order to verify their compliance with the Terms of Reference and the Schematic Design;
7.	The delivery of the executed Work shall be documented by means of a handover report and signed by representatives of the Principal and the Designer in two original counterparts – one for each Party. 

Art.  19. (1) The Principal shall be entitled to:
1. accept the execution when it meets the agreement;
2. to request, within 10 days, reworking and/or supplementing of the materials when discrepancies are found between the executed work and the agreed work, or in case of defects and to state in writing all objections and defects found.
3. refuse to accept the executed work due to material deviation from the agreed work if the deficiencies found are of such a nature that they cannot be remedied within the period of execution under the Contract or if the outcome of the execution is ineffective to the Principal.
(2) In case the Principal does not specify its objections and detected deficiencies within the time limit under para. 1, item 2, it shall be deemed that the Principal has accepted the execution without objections.
(3) In case the Principal has found deficiencies in the implementation, the Parties shall agree on a time limit for the removal of the deficiencies. 
(4) In case the coordinating and approving authorities have found non-compliances, their instructions shall be mandatory for the Designer. The reworking of the designs in accordance with the instructions of the coordinating and approving authorities shall not serve as grounds for additional payment by the Principal.
(5) The final acceptance of the execution of the Work under this Contract shall be made with a final report which shall be signed by representatives of the Principal and the Designer in two original counterparts – one for each Party.

VIII. COPYRIGHT OF THE INVESTMENT DESIGN

Art. 20.(1) The parties agree that the copyright over all documents and materials, and any other elements or components created as a result of or in connection with the execution of the Contract, belong entirely to the Principal to the same extent as they would belong to the author. The Designer, in its capacity of author, declares and warrants that third parties do not own any rights over the elaborated documents and other results of the execution of the Contract which may be subject to copyright.
(2) In case it is established with an enforceable court decision or in case the Principal and/or the Designer finds that the preparation, enforcement and use of the documents or other materials produced in the course of execution of this Contract violate a third party’s copyright, the Designer shall enable the Principal to use such documents or materials:
1. by modifying the relevant document or material; or
2. by replacing a copyrighted item with another one with the same function that does not infringe the copyrights of third parties; or
3. by obtaining at its own expense permission from a third party, whose rights have been infringed, to use the product.
(3) The Principal shall notify the Designer of any copyright claims by third parties within 30 (thirty) days of becoming aware of such claims. In the event that third parties make reasonable claims, the Designer shall bear full responsibility and suffer all resulting damages. The Principal shall implicate the Designer in possible copyright infringement in connection with the execution of the Contract.
(4) The Designer shall pay to the Principal compensation for the damages suffered and profits lost as a result of a definitively recognized infringement of third parties’ copyrights.
(5) The Designer has the right to disseminate his authorship of the work developed under this Contract, to promote it, to advertise it, to include it in its own brochure, to participate in competitions, etc. The Principal is obliged to indicate that the designs were made by the Designer and to mention its name in an appropriate way in case of inquiries and dissemination.

IX. CONFIDENTIALITY

Art.  21. Each Party hereunder undertakes to keep confidential and not to disclose or disseminate information about the other Party that has come to its knowledge during or in connection with the execution of the Contract (“Confidential Information”). Confidential Information includes, but is not limited to: circumstances related to the business, technical processes, projects or finances of the Parties, as well as know-how, inventions, utility models or other similar rights related to the execution of the Contract.
Art.  22. The Designer may not make public statements or communications, disclose or disseminate any information it has received in connection with the execution of the Work subject of this Contract, whether based on data or materials of the Principal or results of the Designer’s work without the prior written consent of the Principal, which consent shall not be unreasonably withheld or delayed.

Х. TERMINATION AND CANCELLATION OF THE CONTRACT

Art. 23. This Contract shall be terminated:
1.	with the execution of the obligations hereunder;
2.	by mutual written agreement between the parties;
3.	in case of permanent objective impossibility to perform the assigned work. If the objective impossibility to perform the work has occurred after some of the assigned work has been completed and it can be used by the Principal, the Designer shall be entitled to the relevant share of the remuneration.
Art. 24.(1) The Principal may cancel the execution of the Contract after its commencement if there is a justified reason which is not related to the work of the Designer.
(2) In the case under the previous paragraph the Principal shall reimburse the Designer for the work completed up to that moment and the costs incurred and shall also provide compensation for any profit lost which the parties agree to be in the amount of 30% /thirty percent/ of the total remuneration agreed under Art. 10. 
Art. 25.(1) Either party may cancel this Contract if the other party has delayed the execution of material obligations under this Contract by more than 30 /thirty/ working days.
(2) The Principal may cancel this Contract if the Principal determines that the Designer deviates materially from the Terms of Reference and the first-ranked schematic design and will not complete the work as agreed or that the Designer will delay the completion of the work by more than 30 /thirty/ days from the mutually agreed time limit for project execution.
(3) The Principal may cancel this Contract if the investment design handed over, respectively some of its phases, have such material defects that the work cannot be used for the intended purpose. 
(4) The Designer may cancel this Contract if the advance payment of the remuneration hereunder is delayed by more than 10 (ten) working days. In such case and in the cases under Article 24, paragraph 1 hereof, the Designer shall be entitled to remuneration for the executed works respectively.
(5) In any event of cancellation of this Contract, the non-defaulting party is entitled to the compensations hereunder.
(6) The cancellation shall be effected with a written notice.

ХI. PENALTIES

Art.  26. In case of delay of the execution of the obligations hereunder, the defaulting Party shall pay to the non-defaulting Party a penalty of 0,5% (zero point five per cent) of the remuneration for each day of delay, but not more than 30% (thirty percent) of the total remuneration agreed in Article 10.
Art.  27. In case of cancellation of the Contract due to a default of either Party, the defaulting party shall pay a penalty of 30% (thirty percent) of the total remuneration agreed in Article 10.
Art.  28. The payment of the penalties agreed herein shall not limit the right of the non-defaulting Party to seek actual enforcement and/or larger compensation for the damages incurred and loss of profits in accordance with applicable law.

XII. FORCE MAJEURE

Art.  29. (1) Neither Party hereunder shall be held liable for default caused by force majeure. For the purposes of this Contract “force majeure” shall mean an unforeseen or unavoidable event of extraordinary nature occurring after the conclusion of the Contract.
(2) Force majeure cannot be invoked by a Party that was in default at the time of occurrence of the force majeure circumstance. 
(3) The party that is unable to fulfill its obligation due to force majeure is obliged take all due measures in order to minimize the damage and loss suffered and to notify the other party in writing within 10 (ten) days of the occurrence of force majeure, indicating the nature of the force majeure and the possible consequences thereof for the execution of the Contract. A compensation shall be paid for the damages incurred by the force majeure circumstance in case no notification is provided.
(4) The execution of the obligations and the related counter obligations shall be suspended for the period of the force majeure.
(5) The lack of funding does not constitute force majeure.

XIII. OTHER CONDITIONS

Art. 30.(1) All communications between the parties under this Contract shall be made in written form. The written form is considered complied with if the communication is sent by e-mail with acknowledgement of its receipt.
(2) The amendment and supplementation of this Contract shall be made solely between the parties and in written form which is a condition of validity.
(3) For the purposes of this Contract, the addresses, telephone numbers and e-mails of the parties hereto for the purpose of correspondence shall be: .................
(4) If a Party changes the communication details specified herein without notifying the other Party, the latter shall not be held responsible for any unreceived correspondence, summons, notifications, etc. 
Art. 31. The Parties shall not disclose to third parties confidential information about the other Party which has become known to them in connection with the conclusion or execution of this Contract. The Contract is subject to business negotiations between the parties and, except in the case of legal disputes that may arise in connection with this Contract or upon request for information by competent state institutions, such information shall not be provided to third parties.
Art.  32. The Parties agree that, by signing this Contract, they certify that they are aware of and understand the nature and scope of the work entrusted to them. 
Art.  33. The coordination, approval and permits for the construction of the site are initiated by the Principal. 
Art.  34. The Bulgarian civil and commercial legislation shall apply to any dispute concerning the existence and effect of the concluded contract or its breach, including disputes and disagreements regarding the validity, interpretation, termination, execution or non-execution of the contract, as well as to all issues that are not settled in this contract, and the parties shall settle their relations through agreements. In the event of failure to reach agreement, the dispute shall be referred to the relevant competent court of the city of Varna.
This contract consists of eleven pages; it was drawn up and signed in two identical original counterparts – one for each party.

For the Principal: ..............................        	              For the Designer: ...............................
          / ……………………… /                         / ……………………………………/