The subject of the contract is the supply of electricity within the meaning of the Act of 10 April 1997 – Energy Law (consolidated text: Journal of Laws of 2021, item 716, hereinafter referred to as the Energy Law) to the Ordering Party's facilities for a period of 12 months from January 1, 2023.

1. The subject of the contract is the supply of electricity within the meaning of the Act of 10 April 1997 – Energy Law (consolidated text: Journal of Laws of 2021, item 716, hereinafter referred to as the Energy Law) to the Ordering Party's facilities for a period of 12 months from January 1, 2023.

2. A detailed description of the subject of the contract is included in Annex 1 to the SWZ. The Ordering Party informs that the planned electricity consumption is 11 985 MWh (+/- 10%) for a period of 12 months from 01 January 2023. The contractor should take into account the fluctuations in electricity consumption at the level of (+/- 10%).

3. Electricity should meet technical parameters in accordance with the provisions of the Energy Law Act, implementing acts to the Energy Law Act.

4. Type of order: delivery. The list of energy consumption points concerned is set out in Table 2 of Annex No 2 to SWZ.

5. CPV code: 09310000 Electricity, heat, solar and nuclear.

6. The Contracting Authority shall not be the payer of excise duty on the energy purchased and therefore the price shall include excise duty.

7. The Contracting Authority has a regulated matter for the distribution and supply of electricity.

8. The Contracting Authority does not have comprehensive agreements concluded for the PPE concerned.

9. Legal title for all PPE to which only the Ordering Party is supplied (external units are not present).

10. The Contracting Authority obliges the Contractor to provide in the offer the net and gross energy price for each tariff group.

11. The Ordering Party informs that the current contract for the supply of electricity for all energy consumption points expires on 31.12.2022.

12. The Contractor declares that he has current distribution agreements for all energy consumption points and they are concluded for an indefinite period.

13. The operator of the Distribution System for all energy consumption points is Tauron Distrybucja S.A. — a branch in Gliwice. The Contractor will be obliged to conclude a contract with the operator of the distribution system to which the Ordering Party's facilities are connected, allowing the sale of electricity to these facilities through the distribution network owned by Tauron Distrybucja S.A. 31-358 Kraków, ul. Jasnogórska 11; Tauron Distrybucja S.A. Branch in Gliwice 44-100 Gliwice, Portowa 14a Street.

14. The Contracting Authority shall have energy billing measurement systems adjusted to the Contractor.

15. The Contracting Authority did not conduct preliminary market consultations within the meaning of Article 84 of the PZP prior to the initiation of the award procedure.

16. The Ordering Party declares that the process of changing the seller takes place once again.

17. The Contracting Authority declares that it will provide electronically any necessary data needed for the seller's change procedure.

18. The Contractor shall, on the basis of the Power of Attorney granted (after the conclusion of the Energy Sales Agreement, Annex 4 to SWZ) notify the energy collection points based on the data provided by the Contracting Authority for the change to the seller.

19. The Ordering Party informs that in accordance with Article 9g(6b) of the Act of 10 April 1997 – Energy Law of late. - it is necessary that for one PPE, both for the direction of consumption and the introduction of electricity into the network of the Distribution System Operator, one and the same entity responsible for commercial balancing (POB) is indicated. The Contractor undertakes, after the conclusion of the Electricity Sales Agreement in the field of energy consumption, to conclude a contract for the sale of electricity produced in the Renewable Energy Source with the period of validity 01.01.2023 – 31.12.2023. The contracting party declares that it is entered in the MIOZE/URE/00533/2018 register on 17.07.2018.