1. The subject of the contract is: supply of active electricity for Mazowiecki Port Lotniczy Warszawa-Modlin Sp. z o.o., which will take place under the conditions specified in the provisions of the Act of 10 April 1997. The Energy Law (Journal of Laws of 2022, item 1385, as amended), hereinafter referred to as the Energy Law, the applicable regulations issued on its basis, in accordance with the principles set out in the concessions, the provisions of the Supply Agreement, the terms and conditions contained in this Specification of Contract Terms and Conditions (hereinafter referred to as the Terms of Reference) and any explanations provided by the contracting authority in the course of the tender procedure. Mazowiecki Airport Warsaw-Modlin Sp. z o.o. is the final customer within the meaning of the Energy Law.

2.The expected amount of energy to be supplied during the term of the contract in the B23 tariffs for the two PPE points is 5,600.00 MWh.

3.In accordance with Article 433(4) of the Public Procurement Law, the minimum level of execution shall be -15% of the total contract volume.

1. The subject of the contract is the supply of electricity to two connections of the Ordering Party. The quality standards for the subject matter of the contract are included in the Regulation of the Minister of Economy of 22 March 2023 on the detailed conditions for the operation of the power system (Journal of Laws of 2023, item 819, as amended). The amount of electricity is the estimated demand of the Ordering Party and amounts to a total of 5,600.00 MWh.

2. The indicated amount of energy does not constitute the Ordering Party's obligation to consume and purchase. The use of electricity at a lower level cannot be the basis for any claims.

3.The expected amount of energy to be supplied during the term of the contract in the B23 tariffs for the two PPE points is 5,600.00 MWh.

4. The indicated amount of electricity specified in paragraph 3 shall not constitute the Contracting Authority's obligation to consume and purchase. The Contracting Authority reserves the right to reduce the total amount of electricity purchased, caused by the reduced consumption of electricity in the amount corresponding to the actual demand of the Contracting Authority, regardless of the estimated forecast of its consumption.

5.Pursuant to Article 433(4) of the Public Procurement Law, the minimum level of execution is -15% of the total contract volume.

6. The Contracting Authority shall purchase in tranches in the period from the date of conclusion of the agreement. The Contracting Authority will have at its disposal the quotations of the BASE_Y-24 and BASE_Q-XX-24 indices on the Polish Power Exchange S.A. The Contracting Authority may place an order by means of a maximum of 4 tranches for each quarterly period, with the percentage size of each tranche being a multiple of 25% and will be in the range from 25% to 100% of the Contracting Authority's volume for a given period.

7. By way of an agreement, the form of ordering tranches (online tool provided by the Contractor or another form of notification) will be determined. The Contracting Authority will be able to purchase tranches until at least the 20th day of the month preceding the delivery period. The date will be agreed by agreement. The Contracting Authority will place the order for tranches by 10:00 a.m. or 12:00 p.m., which will be determined by agreement at the stage of concluding the contract. The tranche will be realised at the price of GADR – the daily clearing rate for the tranche submission date.

7.The tranche will be executed if the number of contracts for a given product for the index is BASE_Y-24 3 MW. for the BASE_Y-24 index and a for BASE_Q-XX-24 2 MW.

8. The price of energy for a given month will be determined on the basis of consumption and the weighted average of the purchased tranches for a given month, taking into account the percentage share of ordered volumes. The price of energy of undeclared tranches is determined separately for each month in the amount of the arithmetic average of TGe24 indices published on the Day-Ahead Market of the Polish Power Exchange in the month of energy supply. The value of the order will be determined according to the formula:E * CET, where:CET = CPM + KPI + A + WP * (CTGE); where:CET – Net Electricity Sales Price; CPM – unit cost of obligations (i.e. green certificates, blue certificates, white certificates, i.e. obligations under Article 59(1) and (2) of the Renewable Energy Sources Act of 20 February 2015 and Article 10(2) of the Energy Efficiency Act of 11 June 2016); KPOZ - other costs (margin, trade balancing, transaction fees, cost of profile variability, other costs of the Contractor); A – excise duty; WP – profile factor resulting from balancing demand; CTGE – estimated net wholesale price of energy based on the quotations of the Polish Power Exchange

9. The Contractor shall be obliged to sign a contract with the relevant DSO at the latest before the commencement of the provision of supplies and in accordance with the procedures of the Energy Law.

II.2.14) Additional information