Contract Amendment

PREAMBLE

The Parties have mutually agreed to amend certain undertakings entered into under the Contract, mainly in terms of pricing of the Services, and have therefore decided to enter into this amendment (hereinafter referred to as the “Amendment”).

IN LIGHT OF THE ABOVE, THE FOLLOWING HAS BEEN DECIDED AND AGREED: 

ARTICLE 1 - DEFINITIONS - INTERPRETATION

For the purposes of applying the Amendment (including the preceding preliminary statement), unless expressly stated otherwise:

  • The terms and expressions beginning with a capital letter and expressly defined in the Amendment will have the meaning given to them in the article or paragraph hereof where those terms and expressions are used for the first time;
  • The terms and expressions beginning with a capital letter and not expressly defined in the article or paragraph where said terms and/or expressions are used for the first time will, depending on the context, have the meaning given to them in the Contract.

ARTICLE 2 - PURPOSE

The purpose of the Amendment is to:

  • either change the terms and prices of the contracts/amendments previously signed.
  • or set out new pricing conditions for a new project or for the adjustment of a current project as a complement to the contracts/amendments and associated pricing terms previously signed.

ARTICLE 3 – ABSENCE OF NOVATION

The Parties agree that the new terms and conditions do not under any circumstances imply any novation of debt. Accordingly, the terms and conditions of the Contract remain unchanged subject to the changes expressly set out in this Amendment. 

ARTICLE 4 - DECLARATIONS

The Contracting Party warrants to Matooma that it has full capacity to give its consent to this Amendment and to fulfil the obligations arising therefrom, and that the authorisations required, if any, for the signing and performance of the Amendment, from any body of the Contracting Party or authority has been obtained.

Each Party to the Amendment acknowledges that it stipulates valid, lawful and enforceable obligations incumbent on it.

ARTICLE 5 - EFFECTIVE DATE

The amendment takes effect on the date it is signed by both parties.

ARTICLE 6 – APPLICABLE LAW AND JURISDICTION

The Amendment is subject to French law.

Any dispute arising out of or in connection with the Amendment, including its interpretation, performance or termination, will be submitted to the Commercial Court in the jurisdiction of Matooma’s registered office to which jurisdiction is expressly granted notwithstanding multiple defendants, the introduction of third parties, including claims or emergency proceedings.