The subject of the Order is the performance of the service of transport by rail transport of steam coal from the Silesian direction for ENEA Wytwarzanie sp. z o.o. in the amount of 420 000 tons.

Within the Subject of Order, the following shall be distinguished:

1. Basic Scope (Provision of the service of transport of steam coal by rail from the Silesian direction for ENEA Wytwarzanie sp. z o.o. in the amount of 120 000 tonnes).

2. Scope covered by the Option Law (Provision of the service of transport of steam coal by rail from the Silesian direction for ENEA Wytwarzanie sp. z o.o. in the amount of:

2.1. Option 1: 100 000 tonnes;

2.2. Option 2: 100 000 tonnes;

2.3. Option 3: 100 000 tonnes.

1. The subject of the Order is the performance of the service of transport by rail of steam coal from the Silesian direction for ENEA Wytwarzanie sp. z o.o. in the amount of 420 000 tonnes.

Within the Subject of Order, the following shall be distinguished:

1.1. Basic Scope (Provision of the service of transport of steam coal by rail from the Silesian direction for ENEA Wytwarzanie sp. z o.o. in the amount of 120 000 tons).

1.2. Scope covered by the Option Law (Provision of the service of transport of steam coal by rail from the Silesian direction for ENEA Wytwarzanie sp. z o.o. in the amount of:

1.2.1. Option 1: 100 000 tonnes;

1.2.2. Option No 2: 100 000 tonnes;

1.2.3. Option 3: 100 000 tonnes.

2. The Ordering Party reserves the right to reduce the amount of steam coal for transport specified in point III of Part 1 of the SWZ. The total amount of steam coal to be transported may be:

2.1. For the Basic Scope:

from 96,000 tonnes to 120,000 tonnes.

2.2. For the Scope of the Option Right:

2.2.1. Option No 1: from 80 000 tonnes to 100 000 tonnes;

2.2.2. Option No 2: from 80 000 tonnes to 100 000 tonnes;

2.2.3. Option No 3: from 80 000 tonnes to 100 000 tonnes;

The above results from:

- variability in operating conditions of power equipment and installations affected by factors independent of the Contracting Authority, in particular related to the variable needs of electricity customers, energy demand in the national electricity system affecting reducing the volume of energy production by the Ordering Party,

- discrepancies between the actual quality of coal and the nominal quality set out in the Agreement for the purchase / supply of steam coal, so that the coal burned may have a higher calorific value than assumed,

- the need to reduce emissions, e.g. by increasing the share of burning alternative fuels (e.g. biomass) or other activities related to reducing production based on energy coal.

3. The subject of the Order will be executed within 12 months from the date of conclusion of the Agreement in the expected period from 01.11.2023 to 31.10.2024 or until the maximum quantity specified in point 3.1. is exhausted - whichever occurs first.

• The Ordering Party allows the conclusion of the Agreement within 30 days before 01.11.2023.

▪ The Ordering Party allows – if it is not possible to conclude the Agreement by 01.11.2023 – to conclude the Agreement within 60 days after 01.11.2023.

In the situations listed above, i.e. in the case of conclusion of the Agreement - before or after the date of 01.11.2023, the deadline for the implementation of the Agreement will be postponed accordingly.