General conditions

Mock Interim & Legal B.V. (“Mock Interim & Legal”) is a private limited company established at Amstelveen, The Netherlands which has the objects to carry out interim management services and act as a legal advisor for company matters. The name Mock Interim & Legal is also used as a trade name.
These general conditions are applicable to all instructions from principals to Mock Interim & Legal, any follow-up assignments and any other services. All conditions are made also in favour of all persons and entities who act for Mock Interim & Legal, respectively any natural persons and legal entities for whose acts or omissions Mock Interim & Legal might be held liable.
Instructions will be deemed to be instructions accepted by and carried out by Mock Interim & Legal only. The provisions of Article 7:404, 7:407 section 2 and 7:409 of the Dutch Civil Code will not be applicable. This applies even if it is the client’s express or implied intention that an instruction be carried out by a specific person or persons.
Any liability of Mock Interim & Legal is limited to the amount to which a claim is awarded under the professional liability insurance(s) concerned, to be increased by the amount of the deductible which according to the terms and conditions of the insurance policy will not be for the account of the insurers. Information about the (cover under the) professional liability insurance(s) entered into by Mock Interim & Legal will be furnished upon request.
When engaging third parties on client matters, Mock Interim & Legal will in so far as practically possible do so after consultation with the principal concerned. It will exercise due care in selecting these third parties. Mock Interim & Legal shall not be liable for any shortcomings of these third parties and is entitled, without prior consultation with the principal (also) on behalf of the principal to accept any liability restriction on the part of third parties it engages.
The carrying out of instructions shall take place exclusively on behalf of the principal. Third parties cannot claim any rights on the contents of the activities carried out. Except in case of wilful misconduct and gross negligence by Mock Interim & Legal, the principal shall indemnify and hold harmless Mock Interim & Legal for all claims of third parties, including all related costs and expenses incurred by Mock Interim & Legal in connection with such claims.
Unless agreed otherwise the fees charged for services provided shall be charged on an hourly basis multiplied with the applicable rate to be increased with a percentage of the professional fees to cover general office costs (such as postage, phone, fax, photocopying), VAT and costs paid by Mock Interim & Legal on behalf of the principal. Invoices sent by Mock Interim & Legal must be paid in full within 10 days, failing the timely payment the principal shall be deemed to be in default. Mock Interim & Legal shall then be entitled to charge the principal interest as compensation for loss of interest of 1% per month and extra judicial collection costs at a minimum amount of Euro 500 or such actual forfeited costs when they are higher. Mock Interim & Legal shall be entitled to request a prepayment for services to be provided, increased with office costs and VAT.
All relationships between Mock Interim & Legal and its principals, as well as those who make use of its services, are governed by the laws of The Netherlands. Disputes shall be submitted exclusively to the competent court in Amsterdam, The Netherlands. Notwithstanding the above, Mock Interim & Legal acting as plaintiff shall have the right to institute proceedings in any competent court in the client’s jurisdiction.
All rights of action and other powers of whatever nature vis-à-vis Mock Interim & Legal related to services provided by Mock Interim & Legal shall lapse in any event one year after the moment on which the party involved is aware or could reasonably be aware of the existence of these rights and powers.
These general conditions are drawn up in Dutch and in English. The Dutch text is binding.

Drawn up on 16 January 2007 at Amstelveen, The Netherlands

These general conditions have been filed with the Registry of the Amsterdam District Court and appear on Mock Interim & Legal’s website at www.mockinterim.nl en www.mocklegal.eu