Annex No. 3 – conditions set forth in the annex No. 3 of the Credit Agreement (if any), related to ensuring protection of the environment, health and social protection by the Customer, including addenda and amendments introduced thereto.
Annex No. 1 is a reference flow chart of some of the provisions contained in these TECHNICAL SPECIFICATIONS, which is intended to guide the CONCESSIONAIRE.
Annex No. 2 - Destinations of planned train paths for which the framework capacity has been reserved.
Annex No. 2: The Seller´s Bid. In case of any discrepancies between this Contract and its annexes, the provisions of this Contract shall prevail. In case of any discrepancies between Annex No. 1 and the other annexes of this Contract, the provisions of Annex No. 1 shall prevail.
Annex No. 2. In the event of a conflict between these Annexes, the higher-quality solution complying with higher level technical requirements shall have precedence. The Seller represents that it has all the professional prerequisites required for the supply of the subject of performance under this Contract, is authorised to supply the subject of performance and there exist no obstacles on the part of the Seller that would prevent the Seller from supplying the subject of this Contract to the Buyer. The Seller acknowledges that the Buyer considers the Seller’s participation in the tender, provided that the Seller complied with all qualification requirements, as the confirmation of the fact that the Seller is capable, within the meaning of Sec 5(1) of the Civil Code, of providing performance under the Contract with such knowledge, diligence and care that is associated and expected of the Seller’s profession, and that the Seller’s potential performance lacking such professional care would give rise to corresponding liability on the Seller’s part. The Seller is prohibited from misusing his qualities as the expert or his economic position in order to create or exploit dependency of the weaker party or to establish an unjustified imbalance in the mutual rights and obligation of the Parties. The Seller acknowledges that the Buyer is not, in connection to the subject of this Contract, an entrepreneur, and also that the subject of this contract is not related to any business activities of the Buyer. The Seller acknowledges that the deadlines for the performance / delivery of the subject of this Contract in the quality as set out in Annexes No. 1 and 2 hereto are of essential importance for the Buyer in view of the schedule of activities within the Project. The Project end on 30 June 2015 and all activities under the Project a must be completed as of this date including any performance hereunder (i.e. incl. handover and invoicing). In case the Seller fails to observe these contractual terms, the Buyer may incur damage. The Seller declares that he accepts the “risk of changed circumstances” within the meaning of Sec 1765(2) of the Civil Code. The Contractual Parties declare that they shall maintain confidentiality with respect to all facts and information, which they learned in connection herewith and / or during performance hereunder, and whose disclosure could cause damage to either Party. Confidentiality provision does not prejudice obligations on the part of the Buyer arisi...
Annex No. 2: The Seller´s bid submitted fot the Public Procurement; the Seller´s bid forms Annex 2 of this Contract. In case of any discrepancies between this Contract and any of its annexes, the provisions of this Contract shall prevail. In case of any discrepancies between Annex No. 1 and Annex No. 2, the Annex No. 1 shall prevail except for those provisions of Annex No. 2, which were evaluated within Public Procurement under Suitability and Quality Performance evaluation sub-criterion and are also listed in Annex No 3 of the Seller´s bid
Annex No. 3 – conditions set forth in the annex No. 3 of the Overdraft Agreement (if any), related to ensuring protection of the environment, health and social protection by the Customer, including addenda and amendments introduced thereto.
Annex No. 1 – 1.1. Rules for Intermodal Loading of Multimodal Transport Units and Groups of Wagons at Vilnius Intermodal Terminal, 7 pages.
Annex No. 1, which contains Technical Specifications and detailed description of the subject matter of this Contract (hereinafter “Annex No. 1”);
Annex No. 15 – Xxxxxx’s obligation in relation to fair working conditions and ethical business practices