Contract templates according to Act No. 194/2017 Coll.
Act No. 194/2017 Coll., on measures to reduce the costs of deploying high-speed electronic communications networks and on amendments to certain related Acts ("The Act"), provides for in Sections 4 (2), 8 (2) and 10 (2) an obligation to submit a draft contract as an integral part of the application for access to physical infrastructure, on-site survey and coordination of construction works, when submitted.The application shall be submitted in writing, thus it can be submitted either in paper or electronic form.
According to Section 3(3)(c) of the Act, CTU is obliged to publish (as a follow-up to the public consultation regarding contract templates pursuant to Section 130 of the Act), in a manner allowing remote access, contract templates created according to Sections 4, 8 and 10 of the Act, i.e. contract template on access to physical infrastructure, contract template on on-site survey and contract template on coordination of construction works.
Elementary content provisions of each individual contract template are included in Sections 4 (2), 8 (2) and 10 (2) of the Act. Further content depends on the specific subject of the contract (the physical infrastructure or construction works concerned). Pursuant to Section 1725, second sentence, of the Act. No 89/2012 Coll., Civil Code, within the limits of the legal order, the contracting parties are left to freely negotiate the contract and determine its content.
Parties to the respective contracts are both the authorised person pursuant to Section 2 d) and the obliged person pursuant to Section 2 c) of the Act.
Pursuant to Sections 4(3), 8(3) and 10(3) of the Act the authorised person shall use either the respective contract template published by CTU in a manner allowing remote access, or the contract template created and published by the obliged person.
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