Penalties against the Consultant shall not be incurred until after a formal complaint has been filed by the Client. The existence of indemnities that are capped and discharged, limit the liability of the Consultant. Penalties of 1/200th of the Work Stage fee per working day of delay from the end of the Work Stage may apply. Possible penalties are discharged and capped at 5 % of the total amount of the fees scheduled in the Agreement.