The subject of the contract is the supply of electricity in the period 01.03.2023 – 31.12.2023 within the meaning of the Act of 10 April 1997. Energy Law (Journal of Laws of 2021, item 716, as amended). The estimated amount of electricity consumption needs during the term of the contract is approximately 21,474,020 MWh for 164 consumption points. The current contractual capacity for all consumption points is 12,863 MW in total. Detailed information on consumption points, their assignment to tariff groups and planned energy consumption is presented in Annex 7 to the SWZ.

1.The subject of the contract is the supply of electricity in the period 01.03.2023 – 31.12.2023 within the meaning of the Act of 10 April 1997. Energy Law (Journal of Laws of 2021, item 716, as amended). The estimated amount of electricity consumption needs during the term of the contract is approximately 21 474.020 MWh for 164 consumption points, including in individual tariff groups as follows:

B 23 - 21 points

B 22 - 2 points

B 21 - 1 point

C 22A - 6 points

C 12B - 2 points

C 21 - 16 points

C 11 - 114 points

G 11 - 2 points.

2. The current contractual capacity for all consumption points is 12,863 MW in total.

3.Detailed information on individual consumption points (buildings, facilities), i.e. their assignment to individual tariff groups, current ordered capacity and planned electricity consumption in the expected period of the order is presented in the summary list constituting Annex 7 to the SWZ.

4.Electricity should be sold in a continuous cycle, i.e. 24 hours a day, 7 days a week and meet technical parameters in accordance with the provisions of the Energy Law and executive regulations to this Act. The technical parameters of the supplied energy will be provided by the Distribution System Operator (hereinafter: "DSO"), which is Energa-Operator S.A., Gdańsk Branch, on the basis of an agreement concluded with the Ordering Party.

5.The Ordering Party is a producer of electricity for its own needs. It has a concession issued by the President of the Energy Regulatory Office no. WEE/2667/22161/W/DSW/2013/MSz of 2 December 2013 for electricity generation, amended by decision No DEK. WK.4111.2.5.2018.KSz of 2 July 2018 Therefore, in accordance with the applicable provisions on excise duty, the Contractor will not charge excise duty on energy sold to the Ordering Party. The Ordering Party will calculate and pay excise duty on the purchased energy on its own. In the event of changes in the legal regulations regarding the calculation of excise duty at the stage of contract implementation, the amended provisions will apply.

6. The entity responsible for commercial balancing for the Contracting entity shall be the Contractor.

7.The contracting authority meets the conditions allowing it to be considered an eligible customer referred to in Article 2(2)(b)-(e) of the Act of 27 October 2022 on emergency measures aimed at limiting electricity prices and supporting certain customers in 2023.

8.The Contracting Authority shall conclude one contract with the Contractor, taking into account all measuring points covered by the subject of the contract.

9. For metering and settlement points listed in Annex 7 in items from 1 to 146, it will be another change of electricity supplier.

10.For objects included in items 147 to 164 in Annex 7 this will be the first change of seller. For these facilities, the Ordering Party has concluded comprehensive agreements with Energa Obrót S.A., which have been terminated. The deadline for their termination will be 31 December 2022.

11. The Ordering Party has no agreements/annexes concluded as part of promotional campaigns/loyalty programs that prevent the conclusion of a new sales contract within the deadlines provided for in this SWZ.

12. The Contracting Authority shall grant the Contractor an appropriate power of attorney to submit on behalf of the Ordering Party the concluded contract for the sale of electricity to the DSO and to perform the activities necessary to carry out the process of changing the seller at the DSO according to the template commonly used by the Contractor.

13.The Contractor shall complete all formalities related to the procedure of changing the electricity supplier and the conclusion of distribution agreements for measuring points included in items 147 to 164 in Annex 7 at the DSO. The Ordering Party shall provide the selected Contractor with the necessary data in electronic version and the necessary documents to carry out the procedure of changing the seller and conclude distribution agreements for the above-mentioned collection points.