Madis Ostra
Subject: FW: Call For Tender
From: Madis Ostra
Sent: Thursday, December 4, 2025 4:59 PM
To: 'Kirill Katschura (Moody's)' <
[email protected]>
Subject: RE: Call For Tender
Dear Kirill,
1. I believe it is possible to add Moody’s standard terms and Order Form as annexes to the contract, if we also
state that the terms in them will apply only, if there are no inconsistencies in them with the contract or
procurement documents.
2. We cannot agree to change terms about contractual penalties. If I may add as a comment, then these terms
about penalties are very common in contracts drafted by state entities and go both ways in case of a
violation.
3. Unfortunately, we cannot accept that. Since we are using the service in Estonia, we are obligated to follow
our local laws and in any case there is a disputes arising from the Contract, for us there is no other way to
resolve it without doing so according to the procedure provided by the legislation of Estonia.
Best Regards,
Madis Ostra, FDI Screening Expert
+372 620 1756| Madis.Ostra@ ja.ee
From: Kirill Katschura (Moody's) <
[email protected]>
Sent: Tuesday, December 2, 2025 6:49 PM
To: Madis Ostra <
[email protected]>
Subject: RE: Call For Tender
Dear Madis,
please find below are our legal comments on your draft contract:
1. In addition to the draft contract , it will be very important that Moody’s standard terms and
Order Form (OF) are also signed and included specifically as part of the Agreement. In case of
any conflict between the Moody’s standard terms and OF and other tender documents, the
former will prevail and apply.
2. Section contains contractual penalties which we cannot accept , we would like to delete this
provision .
3. We are unable to agree to laws of Estonia for our products/services. Please note that we need
the law that we deem most appropriate to the protection and enforcement of the intellectual
property rights in our products. Hence, we propose Section 12.3 and 12.4 be deleted and
replaced with the following :
This Agreement shall in all aspects be governed by and construed in accordance with the laws
of England and Wales and the Parties hereby agree that the courts at London have exclusive
1
jurisdiction to hear and determine any disputes arising out of or in connection with this
Agreement.
Can you please let me know if you are able to accept this ?
Kind regards,
Kirill
Moody's monitors email communications through its networks for regulatory compliance purposes
and to protect its customers, employees and business and where allowed to do so by applicable law.
The information contained in this e-mail message, and any attachment thereto, is confidential and
may not be disclosed without our express permission. If you are not the intended recipient or an
employee or agent responsible for delivering this message to the intended recipient, you are hereby
notified that you have received this message in error and that any review, dissemination, distribution
or copying of this message, or any attachment thereto, in whole or in part, is strictly prohibited. If you
have received this message in error, please immediately notify us by telephone, fax or e-mail and
delete the message and all of its attachments. Every effort is made to keep our network free from
viruses. You should, however, review this e-mail message, as well as any attachment thereto, for
viruses. We take no responsibility and have no liability for any computer virus which may be
transferred via this e-mail message.
---
Kiri on saadetud väljastpoolt valitsemisala. Ärge avage kirjaga kaasa tulnud linke
või manuseid enne, kui olete saatja õigsuses ja sisu turvalisuses kindel.
2