Common use of Conclusion of the contract Clause in Contracts

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- delivery Period(s) associated with it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out in this Contract and the Functioning Rules with regard to the CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA and within the limits of this Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.

Conclusion of the contract. 3.17. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the The validity period of the Contract covers equals a Transaction Period, including the Transaction Period(s) and, as the case may be, the associated related Pre-delivery Period(s)Delivery Period, the respective durations of which are specified, for a each Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked CapacitiesCapacity, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related Annex A..This validity period extends to the protection of personal data may exceed this validity period in respect of time needed for the execution performance of the obligations arising inin and for the Transaction Period and its related Pre-delivery Period, in particular the confidentiality and payment obligations, after the validity period/duration of the Contract, in relation toaccordance with the relevant provisions of the Contract. 8. In the event that Additional Capacity is selected in the Auction concerned, the Transaction Period(s) andCAPACITY PROVIDER signs, or guarantees that the Grid Users, for whom it acts as a Capacity Provider will sign, where applicable and within timeframe as specified in the case may beapplicable Technical Regulation, a Connection Contract in accordance with the Pre- delivery Period(s) associated with itprior technical agreement included in the Prequalification File. A non-signature of the Connection Contract within the timeframe specified in the applicable Technical Regulations constitutes a dissoluting condition of the Capacity Contract, which implies the application of penalties as specified in the Functioning Rules. 3.29. If the CAPACITY PROVIDER is not a party to the Connection Contract, it informs the Grid Users, for whom it acts as a Capacity Provider of the impact resulting from this Contract and shall keep them informed of changes to this Contract. The CAPACITY PROVIDER informs undertakes all reasonably necessary efforts within the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities framework of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure so that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out specified in this Contract towards the CAPACITY PROVIDER.If the CAPACITY PROVIDER becomes liable for a penalty due to the behaviour of its co- contracting parties, and the Functioning Rules with regard to except in case of ELIA’s Gross Negligence, it is the CAPACITY PROVIDER. Without prejudice ’s responsibility to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the seek any recourse against said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its co-contracting parties without other obligations resulting from the Functioning Rules or this Contractrecourse against XXXX. 3.310. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits framework of this Contractcontract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- delivery Predelivery Period(s) associated with it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out in this Contract and the Functioning Rules with regard to the CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational functioning aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned. 3.6. If a CMU, in accordance with the Royal Decree LCT , is eligible for a Contract with a term longer than the Delivery Period covered by the Targeted Tender, is selected for a Capacity Contract thus covering multiple Delivery Periods, the LCT Capacity Contract is automatically converted into and considered a CRM Capacity Contract as of the start of the second Delivery Period, based on the standard capacity contract underlying the present Contract and approved by the XXXX, without the need to sign an additional CRM Capacity Contract for the following Delivery Periods of the Transaction Period.

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, confidentiality and payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- Pre-delivery Period(s) associated with to it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this the present Contract and, when applicable, of any related amendments to this Contract. In The CAPACITY PROVIDER makes all efforts reasonably necessary in the context of its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure ) so that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, obligations as set out in this Contract and in the Functioning Rules with regard to the towards that CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER SUPPLIER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this the present Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this the present Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § article 3 paragraph 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in relating to the admissibility criteria relating to support measures and to the minimum threshold and attached as Annex C, its waiver of the right for functioning aid for the relative concerned CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational claim a functioning aid for the concerned CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, confidentiality and payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- Pre-delivery Period(s) associated with to it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this the present Contract and, when applicable, of any related amendments to this Contract. In The CAPACITY PROVIDER makes all efforts reasonably necessary in the context of its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure ) so that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, obligations as set out in this Contract and in the Functioning Rules with regard to the towards that CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER SUPPLIER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Ffinancial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this the present Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this the present Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § article 3 paragraph 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in relating to the admissibility cCriteria relating to support measures and to the minimum threshold and attached as Annex C, its waiver of the right for functioning aid for the relative concerned CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational claim a functioning aid for the concerned CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- delivery Predelivery Period(s) associated with it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out in this Contract and the Functioning Rules with regard to the CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational functioning aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.

Conclusion of the contract. ‌ 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- delivery Period(s) associated with it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out in this Contract and the Functioning Rules with regard to the CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on relating to the ‘Eligibility Admissibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational functioning aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- delivery Period(s) associated with it.the 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out in this Contract and the Functioning Rules with regard to the CAPACITY PROVIDER. Without prejudice to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on ‘Eligibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational functioning aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned. 3.6. If a CMU, in accordance with the Royal Decree LCT , is eligible for a Contract with a term longer than the Delivery Period covered by the Targeted Tender, is selected for a Capacity Contract thus covering multiple Delivery Periods, the LCT Capacity Contract is automatically converted into and considered a CRM Capacity Contract as of the start of the second Delivery Period, based on the standard capacity contract underlying the present Contract and approved by the XXXX, without the need to sign an additional CRM Capacity Contract for the following Delivery Periods of the Transaction Period.

Conclusion of the contract. 3.1. Subject to an early termination of the Contract pursuant to the Contract’s provisions and to the Functioning Rules, the validity period of the Contract covers the Transaction Period(s) and, as the case may be, the associated Pre-delivery Period(s), the respective durations of which are specified, for a Contracted Capacity of the CMU, or, as the case may be, for CMUs related to Linked Capacities, in the corresponding Annex(es) A.1. Notwithstanding the previous sentence, the obligations regarding confidentiality, payment, liability, applicable law and settlement of disputes, as well as those related to the protection of personal data may exceed this validity period in respect of the execution of the obligations arising in, and in relation to, the Transaction Period(s) and, as the case may be, the Pre- delivery Predelivery Period(s) associated with it. 3.2. The CAPACITY PROVIDER informs the Grid User(s) or CDS User(s) which it calls upon to form the CMU or, as the case may be, the CMUs related to Linked Capacities of the scope of the provisions of this Contract and, when applicable, of any related amendments to this Contract. In its contractual relations with such Grid User(s) or CDS User(s), the CAPACITY PROVIDER shall make every reasonable effort to ensure that the intervention of such Grid User(s) or CDS User(s) does not constitute an obstacle or difficulty to the exercise by XXXX of its rights and obligations, as set out in this Contract and the Functioning Rules with regard to the CAPACITY PROVIDER. Without prejudice 9 to XXXX’x obligations, the CAPACITY PROVIDER may not invoke the behaviour attributable to the said Grid User(s) or CDS User(s), and the cause of respectively a Missing Volume or a Missing Capacity, to avoid the application, as the case may be, of the Financial Penalty or of the Unavailability Penalty or its other obligations resulting from the Functioning Rules or this Contract. 3.3. The CAPACITY PROVIDER waives, towards ELIA XXXX and within the limits of this Contract, its general, specific or other terms and conditions, regardless of when and how they were transmitted. 3.4. The Parties ensure that their own mutual contractual relations are always based on the existence and proper performance of the requisite contractual agreements with the parties concerned who have concluded one of the other Regulated Contracts with XXXX or with another system operator within the Belgian Control Area. 3.5. The CAPACITY PROVIDER confirms, using the form mentioned in Article 3, § 2 alinea 2 of the Royal Decree on relating to the ‘Admissibilityon ‘Eligibility Criteria’ included in Annex C, its waiver of the right for functioning aid for the relative CMU during the concerned Transaction Period(s). The CAPACITY PROVIDER undertakes not to request any operational functioning aid for the CMU concerned or, where appropriate, the CMUs concerned, in the case of Connected Capacities, for the Transaction Period(s) concerned.