The subject of the contract is the supply of electricity to the Ordering Parties and their organizational units: Żywiec Poviat, Intercommunal Association for Ecology in Żywiec, Gilowice Commune, Czernichów Commune, Łodygowice Commune, Radziechowy-Wieprz Commune, Rajcza Commune, Milówka Commune, Węgierska Górka Commune, Jeleśnia Commune, Ujsoły Commune, Koszarawa Commune, Automotive School Complex in Żywiec, Home Army Construction and Wood School Complex in Żywiec, Local Government Music School of the second degree in Żywiec, in the planned total quantity: 7 169,820 MWh, assuming the details described in the procurement documents, in the period from 1 January 2023 to 31 December 2023, for the collection points specified in Annex 7 to the SWZ.

1. The subject of the contract is the supply of electricity to the Ordering Parties and their organizational units: Żywiec Poviat, Intercommunal Association for Ecology in Żywiec, Gilowice Commune, Czernichów Commune, Lipowa Commune, Łodygowice Commune, Radziechowy-Wieprz Commune, Rajcza Commune, Milówka Commune, Węgierska Górka Commune, Jeleśnia Commune, Ujsoły Commune, Koszarawa Commune, Automotive School Complex in Żywiec, Home Army Construction and Wood School Complex in Żywiec, Local Government Music School of the second degree in Żywiec, in the planned total amount: 7 169,820 MWh, assuming detailed data described in the procurement documents, in the period from 1 January 2023 to 31 December 2023, for collection points specified in Annex 7 to the SWZ.

2. The quantities of MWh and the capacity in swz shall be estimates. Determining the expected energy consumption serves to select the most advantageous offer and does not constitute an obligation on the part of the Ordering Parties and their organizational units to purchase electricity in the given quantities. The Ordering Party and their organizational units reserve the right to change the quantity, without the need to change the terms of the contract and draw up an annex to the contract. The actual energy consumption (smaller or higher than the energy consumption forecast indicated in Annex 1 to the SWZ – Offer Form) will depend only on the actual needs of the Ordering Parties and their organizational units, except that regardless of the volume of consumption, the Contractor is obliged in each case to apply the energy prices offered in the offer. The Contractor agrees to the above.

3. The settlement of energy supply will take place on the basis of actual energy consumption (indications of measurement systems) according to prices and rates of fees resulting from the submitted offer.

4. The supply of electricity will be carried out on the basis of the sales contract referred to in Article 5(2) of the Act of 10 April 1997 - Energy Law (i.e. Journal of Laws of 2022, item 1385) - hereinafter referred to as the "Energy Law Act". The sale of energy will take place on the basis of agreements concluded separately by individual Ordering Parties and their organizational units.

5. This contract does not cover the provision of electricity distribution services.

6. The Contractor shall ensure the sale of electricity in accordance with the applicable quality standards of customer service specified in the implementing acts issued on the basis of the Energy Law. The condition for the commencement of deliveries is the effective implementation of the procedure for changing the seller.

7. The Contractor is obliged to perform the duties of the entity responsible for commercial balancing for electricity sold under the subject of the contract.

8. The Contractor should have current contracts or a promise to conclude an agreement with the DSO Distribution System Operator, i.e. Tauron Dystrybucja S.A. enabling the sale of electricity via the DSO distribution network to the Contracting Authorities' collection points and their organizational units.

9. The Contractor shall prepare, complete and send through the appropriate information exchange platform (belonging to the local DSO) notifications of electricity sales (and on behalf of the Ordering Parties and their organizational units will report the need to conclude new contracts for the distribution of electricity, if necessary) to all electricity consumption points (listed in Annex 7 to SWZ) to the Distribution System Operator (Tauron Dystrybucja S.A.) – in order to obtain a positive verification as at 1 January 2023. For this purpose, the Contractor shall also prepare an appropriate power of attorney (within 2 days of notifying the Ordering Parties and their organizational units about the selection of the Contractor's offer), which it will submit to the Ordering Party and their organizational units for signature.

Further description of the subject of the contract in SWZ.