The subject of this contract is the supply of electricity to the facilities listed in Annex 1 to SWZ – description of the subject of the contract. The demand for electricity in the period from 01.01.2023 to 31.12.2023 is: 2 312 650 kWh (planned order).

1. The subject of this contract is the supply of electricity to the facilities listed in Annex 1 to the SWZ – description of the subject of the contract. The demand for electricity in the period from 01.01.2023 to 31.12.2023 is: 2 312 650 kWh (planned order).

2. The detailed scope of the contract is set out in Annex 1 to the SWZ, in accordance with the provisions of the Law of 10 April 1997 Energy Law. The other conditions for the execution of the contract are set out in the proposed provisions of the Electricity Sales Agreement — Annex No 2 to the SWZ.

3. The supply of electricity will be carried out under the conditions laid down by the provisions of the Act of 10 April 1997 — Energy Law and in accordance with the implementing provisions issued thereto, in particular with the quality standards of service of customers set out in the Regulation of the Minister Energy of 6 March 2019 on detailed rules for the formation and calculation of tariffs and clearing in electricity trading. The quality parameters of electricity in the distribution part are governed by the Regulation of the Minister of Economy of 4 May 2007 on the detailed conditions for the operation of the electricity system.

4. Distribution services will be provided on the basis of a separate agreement concluded by the Ordering Party with the relevant Distribution System Operator (called DSO) – DSO data are included in Appendix No. 1 to SWZ. The reserve seller is: Enea S.A.

5. The requirements (obligations) imposed on the contractor are described in the draft provisions of the sales contract constituting Appendix No. 2 to the SWZ.

6. The current electricity sale agreement with the current seller of PGE Obrót S.A. of electricity for electricity consumption points included in Appendix No. 1 SWZ is concluded for a definite period of time until 31.12.2022 and does not require termination.

7. Annex 1 SWZ informatively indicates the current parameters (tariff group/contractual capacity) which may be subject to change during the duration of the electricity contract.

8. In the course of the performance of the contract, the ordering party reserves the right to reduce or increase the total amount of electricity purchased in the scope of: increasing to 10%, reducing to 10% in the amount of 231 265 kWh, in relation to the electricity consumption indicated in 1 above. The occurrence of the circumstances referred to above will result in a reduction or increase in the remuneration due to the contractor for the performance of the contract, respectively. The reduction in the amount of electricity shall not give rise to any claims on the part of the contractor. The scope and principles of making these changes are set out in point 4.8 of the SWZ

9. The Contracting Authority has the right, during the period of the contract to amend tariff groups, contractual power for individual PPE as set out in Annex 1 to the Agreement (Annex 1 to the SWZ) after prior agreement of the technical conditions for making these changes with the Distribution System Operator, hereinafter referred to as OSD. Changes to the contract will occur on the written declaration of the contracting authority to the contractor starting with the change by the DSO. These amendments will be carried out on the principles set out in the tariff of the operator of the distribution system suitable for the contracting authority and will concern, in particular ensuring that the facility has its proper functioning (as intended) and/or reduction of costs on the service distribution.

10. The Contracting Authority shall transmit to the contractor specified in this proceeding with the necessary data and documents to carry out the procedure for changing the seller, immediately after the signing of the contract.

11. The Contracting Authority shall conclude one contract for the sale of electricity in the contractor selected in the present proceedings