Except for stipulation under Article 12, in case that Seller breaches any of its obligations, responsibilities out of this Contract, Purchaser reserves the right to impose a fine on the Seller for the breach according to the penalty agreed in writing between the Parties. If the Parties fail to reach an agreement, the penalty shall be fixed at five percent (5%) of the value of the violated contractual obligations and actual damages (if any) incurred by Purchaser.