Common use of Contractual Framework Clause in Contracts

Contractual Framework. 1. The Parties hereby agree and undertake to apply the standard provisions listed in paragraph (2) below in all contracts granting network access to third parties pursuant to sentence 7 of section 20(1b) of the Energy Industry Act. 2. The appendices to this Agreement set forth standard terms and conditions for the following types of contract: a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered into by TSOs and Shippers (Appendix 1) b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered into by DSOs operating entry/exit systems and Shippers (Appendix 2) c) Supplier Framework Agreement, to be entered into by DSOs operating postage-stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) d) Balancing Group Contract, including an appendix setting out supplementary provisions for Biogas Balancing Group Contracts, to be concluded between the Market Area Manager and Balancing Group Managers (Appendix 4) e) Agreement on the Linking of Balancing Groups pursuant to Section 17(3) of the Balancing Group Contract Terms & Conditions, to be concluded between the Market Area Manager and Balancing Group Managers (Appendix 5) f) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) g) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) 3. Supplementary terms and conditions relating to any of the standard contracts listed in paragraph (2) above may only be adopted insofar as they relate to the matters listed below for that type of contract and only where this is required to provide additional rules supplementing those set out in the standard terms and conditions, provided they do not conflict with the standard terms and conditions set forth in relation thereto. Any and all such supplementary terms and conditions shall be set out separately from the standard terms and conditions. a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered into by TSOs and Shippers (Appendix 1) • rules for the assignment of discounted and undiscounted Capacity to individual accounts by means of different shipper codes in accordance with the administrative rulings on the regular decision on the reference price method as well as the other points referred to in Article 26 (1) of Regulation (EU) 2017/460 for transmission system operators (Ref. BK9-19/610-NCG)(section 7(7)) • provisions imposing a requirement on Shippers to specify 24 consecutive hourly quantities in their nominations and/or granting them the option to nominate daily quantities (section 13(3)) • provisions granting Shippers the option to submit over-nominations with the nominating Balancing Group Managers as a Shipper without a pro rata allocation to several Shippers (section 13d(2), sentence 5) • alternative flow management arrangements other than the usual nomination process (section 14) • specification of allocation rules (section 22(1) and (3)) • tariffs and payment terms (section 25(10)) • invoicing and payments on account (section 26(1), sentence 1) • penalty payments for Capacity overruns (section 30(4)) • specification of intervals and due dates for advance payments (section 36a(11)) • arrangements for the use of IT portals provided by the TSO, e.g. for the purpose of submitting nominations • operational rules for Entry/Exit Points capable of switching between different gas qualities • rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users and information on how possible delays in the availability of the relevant Capacity or the event of a disruption to the relevant project are dealt with contractually. The provisions of this Cooperation Agreement shall be without prejudice to any supplementary terms and conditions for the allocation of new technical Capacity at Market Area Interconnection Points and Cross-Border Interconnection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement dated 30 October 2017 entered into force. b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered into by DSOs operating entry/exit systems and Shippers (Appendix 2) • rules for the assignment of discounted and undiscounted Capacity to individual accounts by means of different shipper codes (Section 6(6)) in accordance with the ruling of the Federal Network Agency on specifications for the conversion of annual Capacity charges to within-year Capacity charges for capacity rights with a duration of less than one year and specifications for the calculation of transportation tariffs in accordance with Section 15(2) to (7) of GasNEV, the Gas Network Tariff Regulations (BEATE 2.0, BK9-18/608 amended by decision of 16.10.2020 (ref. BK9-20/608))) • additional Capacity products and services provided in relation thereto (section 7(2)) • nominations (section 9) and other nomination channels (section 10(2),) • tariffs and payment terms (section 19(10) and section 20(1)) • regulations on invoicing and payments on account (section 20 (1) sentence 1) • penalty payments for Capacity overruns (section 24(4)) • specification of intervals and due dates for advance payments (section 31(9)) • specification of quantity reconciliation method • price sheets • arrangements for the use of IT portals provided by the Network Operator, e.g. for the purpose of submitting nominations c) Supplier Framework Agreement, to be entered into by DSOs operating postage-stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) • additional arrangements governing the process for the interruption and restoration of transportation services or the flow of gas at connection points on the instruction of the Shipper (section 11(6) and (11)) • tariffs and payment terms (section 8(3) and (12)) • charging arrangements for RLM Exit Points (section 9) – specification of billing period, calculation of Capacity and commodity charges, charging rules for periods falling outside the regular billing period • charging arrangements for Exit Points other than RLM Exit Points (section 9) • specification of the demand estimation method applied in respect of Exit Points where allocations are calculated using standard load profiles (“SLP Method”; Appendix 5) • price sheets (Appendix 1); d) Balancing Group Contract, including an appendix setting out supplementary provisions for Biogas Balancing Group Contracts, to be concluded between the Market Area Manager and Balancing Group Managers (Appendix 4), and Agreement on the Linking of Balancing Groups pursuant to Section 5(3) of the Balancing Group Contract Terms & Conditions, to be concluded between the Market Area Manager and Balancing Group Managers (Appendix 5) aa) general aspects • rules for the formation of contracts for the linking of Balancing Groups (section 17(4)) • gas quantity transfers between Balancing Subgroups (section 9(1)) • tariffs and terms of payment, intervals for payments on account/advance payments (section 29(2) and (section 32(1)) • formats and data exchange (section 38) bb) contract for the apportionment of quantities between different Master Balancing Groups cc) price sheet dd) terms for the admission of users to online contract formation services and/or to the portal (section 3(2)) e) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) • details on the charging of connection costs (section 8) • specification of individual amounts in relation to limitations of liability in cases of minor negligence where liability for financial loss or damage to property suffered in the course of the connection works is limited to such foreseeable loss or damage as is typical for the relevant type of contract (section 21(3)) • details relating to the description of the connection and the Technical Connection Conditions (Appendix 1) • additional details relating to the site plan (Appendix 2) • measurement arrangements (Appendix 3) • interruption matrix (Appendix 4) f) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) • contractual arrangements for the interruption of transportation services (section 9(1)(lit. c)) • details relating to the Technical Connection Conditions (Appendix 1) • measurement arrangements (Appendix 2) • interruption matrix (Appendix 4) 4. The provisions applied by a Party may differ from the standard terms and conditions listed in paragraph (2) above only where and to the extent that such variation has been permitted expressly in the relevant Appendix 1 to 7 or below. Any and all such variations shall also be set out separately from the standard terms and conditions. In relation to the Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered into by TSOs and Shippers (Annex 1): • rules for bundled Capacity products offered at Cross-Border Interconnection Points under the administrative ruling on gas Capacity management and auction procedures handed down by the Federal Network Agency on 24 February 2011 (so-called “XXXXX Gas” decision; ref: BK7-10-001), or under any other administrative ruling by the Federal Network Agency that repeals or supplements this ruling • exceptions for Cross-Border Interconnection Points pursuant to sentence 3 of section 1(6) • differing rules for the assignment of discounted and undiscounted Capacity to individual accounts by means of different shipper codes (section 7(7)) • submission channel for Capacity status notices (section 12(16)) • variations from the provisions set out in Common Business Practice (CBP) “Harmonisation of the Nomination and Matching Process” (section 13(9)) • rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users and information on how possible delays in the availability of the relevant Capacity or the event of a disruption to the relevant project are dealt with contractually. The provisions of this Cooperation Agreement shall be without prejudice to variations in supplementary terms and conditions regarding the rules for the allocation of new technical Capacity at Market Area Interconnection Points and Cross-Border Interconnection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement dated 30 October 2017 entered into force. 5. The Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users, as amended with effect from 1 October 2012, may only be applied to connections in respect of which, effective 1 October 2012, a contract offer is required to be submitted under sentence 3 of section 33(6) of the Access Regulations. The Parties have no obligation to apply the standard contract as amended with effect from 1 October 2012 (Appendix 6) to any Connection and Use of Connection Agreements offered and/or entered into before that date. This shall be without prejudice to any changes that may be required to comply with mandatory statutory, regulatory or administrative provisions.

Contractual Framework. 1. The Parties hereby agree and undertake to apply the standard provisions listed in paragraph para- graph (2) below in all contracts granting network access to third parties pursuant to sentence sen- tence 7 of section 20(1b) of the Energy Industry Act. 2. The appendices to this Agreement set forth standard terms and conditions for the following fol- lowing types of contract: a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by TSOs and Shippers (Appendix 1) b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by DSOs operating entry/exit systems and Shippers (Appendix 2) c) Supplier Framework Agreement, to be entered into by DSOs operating postage-postage- stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) d) Balancing Group Contract, including an appendix setting out supplementary provisions provi- sions for Biogas Balancing Group Contracts, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 4) e) Agreement on the Linking of Balancing Groups pursuant to Section 17(3) of the Balancing Bal- ancing Group Contract Terms & Conditions, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 5) f) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) g) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) 3. Supplementary terms and conditions relating to any of the standard contracts listed in paragraph (2) above may only be adopted insofar as they relate to the matters listed below be- low for that type of contract and only where this is required to provide additional rules supplementing those set out in the standard terms and conditions, provided they do not conflict with the standard terms and conditions set forth in relation thereto. Any and all such supplementary terms and conditions shall be set out separately from the standard terms and conditions. a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by TSOs and Shippers (Appendix 1) •  additional Capacity products and services provided in relation thereto (sec- tion 9(1))  rules for the assignment of discounted and undiscounted Capacity to individual accounts by means of different shipper codes in accordance with the administrative rulings administra- tive ruling on specifications for the regular decision on conversion of annual Capacity tariffs to within- year Capacity tariffs for Capacity rights with a duration of less than a year and specifications for the reference price method as well calculation of transportation tariffs in accordance with sec- tion 15(2) to (7) of the Tariff Regulations handed down by the German national regulatory authority Bundesnetzagentur (hereinafter referred to as the other points referred to in Article 26 “Federal Network Agency”) on 24 March 2015 (1) of Regulation (EU) 2017/460 for transmission system operators (Ref. ref: BK9-19/610-NCG)(section 14/608) (section 7(7)) •  provisions imposing a requirement on Shippers to specify 24 consecutive hourly quantities in their nominations and/or granting them the option to nominate daily quantities (section 13(313(2)) •  provisions granting Shippers the option to submit over-nominations with the nominating Balancing Group Managers as a Shipper without a pro rata allocation to several Shippers irrespective of whether they currently hold registered Capacity rights (section 13d(213d(3), sentence 54) •  alternative flow management arrangements other than the usual nomination process pro- cess (section 14) •  specification of allocation rules (section 22(1) and (3)) •  tariffs and payment terms (section 25(1025(11)) •  invoicing and payments on account (section 26(1), sentence 1) •  penalty payments for Capacity overruns (section 30(4)) •  specification of intervals and due dates for advance payments (section 36a(1136a(4)) •  arrangements for the use of IT portals provided by the TSO, e.g. for the purpose of submitting nominations •  operational rules for Entry/Exit Points capable of switching between different gas qualities •  rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing re- pealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users us- ers and information on how possible delays in the availability of the relevant Capacity Ca- pacity or the event of a disruption to the relevant project are dealt with contractuallycontractual- ly. The provisions of this Cooperation Agreement shall be without prejudice to any supplementary terms and conditions for the allocation of new technical Capacity at Market Area Interconnection Points and Cross-Border Interconnection Points pursuant pur- suant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement dated 30 October 2017 entered into force. b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by DSOs operating entry/exit systems and Shippers (Appendix 2) • rules for the assignment of discounted and undiscounted Capacity to individual accounts by means of different shipper codes (Section 6(6)) in accordance with the ruling of the Federal Network Agency on specifications for the conversion of annual Capacity charges to within-year Capacity charges for capacity rights with a duration of less than one year and specifications for the calculation of transportation tariffs in accordance with Section 15(2) to (7) of GasNEV, the Gas Network Tariff Regulations (BEATE 2.0, BK9-18/608 amended by decision of 16.10.2020 (ref. BK9-20/608))) •  additional Capacity products and services provided in relation thereto (section sec- tion 7(2)) •  nominations (section 9) and other nomination channels (section 10(2),, sentence 4) •  tariffs and payment terms (section 19(10) and section 20(1)) • regulations on invoicing and payments on account (section 20 (1) sentence 1) •  penalty payments for Capacity overruns (section 24(4)) •  specification of intervals and due dates for advance payments (section 31(931(4)) •  specification of quantity reconciliation method • (Appendix 1)  price sheets • (Appendix 3)  arrangements for the use of IT portals provided by the Network Operator, e.g. for the purpose of submitting nominations c) Supplier Framework Agreement, to be entered into by DSOs operating postage-postage- stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) •  additional arrangements governing the process for the interruption and restoration of transportation services or the flow of gas at connection points on the instruction of the Shipper (section 11(6) and (11)) •  tariffs and payment terms (section 8(3) and (12)) •  charging arrangements for RLM Exit Points (section 9) – specification of billing period, calculation of Capacity and commodity charges, charging rules for periods falling outside the regular billing period •  charging arrangements for Exit Points other than RLM Exit Points (section 9) •  specification of the demand estimation method applied in respect of Exit Points where allocations are calculated using standard load profiles (“SLP Method”; Appendix Ap- pendix 5) •  price sheets (Appendix 1); d) Balancing Group Contract, including an appendix setting out supplementary provisions provi- sions for Biogas Balancing Group Contracts, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 4), and Agreement on the Linking of Balancing Groups pursuant to Section 5(3) of the Balancing Group Contract Terms & Conditions, to be concluded between the entered into by Market Area Manager Managers and Balancing Group Managers (Appendix 5) aa) general aspects •  rules for the formation of contracts for the linking of Balancing Groups (section 17(4)) •  gas quantity transfers between Balancing Subgroups (section 9(1)) •  energy balancing rules for Capacity products that are subject to transporta- tion route restrictions  tariffs and terms of payment, intervals for payments on account/advance payments (section 29(2) and (section 32(1)) • formats and data exchange (section 38)  rules for Balancing Groups registered with the status “dynamically allocable” bb) contract for the apportionment of quantities between different Master Balancing Groups cc) price sheet dd) terms for the admission of users to online contract formation services and/or to the portal (section 3(2))portal e) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) •  details on the charging of connection costs (section 8) •  specification of individual amounts in relation to limitations of liability in cases of minor negligence where liability for financial loss or damage to property suffered in the course of the connection works is limited to such foreseeable loss or damage dam- age as is typical for the relevant type of contract (section 21(3)) •  details relating to the description of the connection and the Technical Connection Conditions (Appendix 1) •  additional details relating to the site plan (Appendix 2) •  measurement arrangements (Appendix 3) •  interruption matrix (Appendix 4) f) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) •  contractual arrangements for the interruption of transportation services (section 9(1)(lit. csec- tion 9(1)(c)) •  details relating to the Technical Connection Conditions (Appendix 1) •  measurement arrangements (Appendix 2) •  interruption matrix (Appendix 4) 4. The provisions applied by a Party may differ from the standard terms and conditions listed in paragraph (2) above only where and to the extent that such variation has been permitted expressly in the relevant Appendix 1 to 7 or below. Any and all such variations varia- tions shall also be set out separately from the standard terms and conditions. In relation to the Entry/Exit Agreement for Transportation Services on Entry/Exit SystemsSys- tems, to be entered into by TSOs and Shippers (Annex 1): • Shippers:  differing provisions as regards the place where Capacity products within the scope of section 1(3) are marketed, insofar as legally permissible  rules for bundled Capacity products offered at Cross-Border Interconnection Points under the administrative ruling on gas Capacity management and auction procedures proce- dures handed down by the Federal Network Agency on 24 February 2011 (so-so- called “XXXXX Gas” decision; ref: BK7-10-001), or under any other administrative ruling by the Federal Network Agency that repeals or supplements this ruling •  exceptions for Cross-Border Interconnection Points pursuant to sentence 3 of section sec- tion 1(6) •  differing rules for the assignment of discounted and undiscounted Capacity to individual indi- vidual accounts by means of different shipper codes (section 7(7)) •  submission channel for Capacity status notices (section 12(16)) •  variations from the provisions set out in Common Business Practice (CBP) “Harmonisation Har- monisation of the Nomination and Matching Process” (section 13(9)) •  rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing re- pealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users and information on how possible delays in the availability of the relevant Capacity or the event of a disruption to the relevant project are dealt with contractually. The provisions of this Cooperation Agreement shall be without prejudice to variations in supplementary terms and conditions regarding the rules for the allocation of new technical Capacity at Market Area Interconnection Points and Cross-Border Interconnection Inter- connection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement dated 30 October 2017 entered into force. 5. The Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users, as amended with effect from 1 October 2012, may only be applied to connections in respect re- spect of which, effective 1 October 2012, a contract offer is required to be submitted under sentence 3 of section 33(6) of the Access Regulations. The Parties have no obligation obli- gation to apply the standard contract as amended with effect from 1 October 2012 (Appendix Ap- pendix 6) to any Connection and Use of Connection Agreements offered and/or entered into before that date. This shall be without prejudice to any changes that may be required re- quired to comply with mandatory statutory, regulatory or administrative provisions.

Contractual Framework. 1. The Parties hereby agree and undertake to apply the standard provisions listed in paragraph para- graph (2) below in all contracts granting network access to third parties pursuant to sentence sen- tence 7 of section 20(1b) of the Energy Industry Act. 2. The appendices to this Agreement set forth standard terms and conditions for the following fol- lowing types of contract: a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by TSOs and Shippers (Appendix 1) b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by DSOs operating entry/exit systems and Shippers (Appendix 2) c) Supplier Framework Agreement, to be entered into by DSOs operating postage-postage- stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) d) Balancing Group Contract, including an appendix setting out supplementary provisions provi- sions for Biogas Balancing Group Contracts, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 4) e) Agreement on the Linking of Balancing Groups pursuant to Section 17(3) of the Balancing Bal- ancing Group Contract Terms & Conditions, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 5) f) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) g) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) 3. Supplementary terms and conditions relating to any of the standard contracts listed in paragraph (2) above may only be adopted insofar as they relate to the matters listed below be- low for that type of contract and only where this is required to provide additional rules supplementing those set out in the standard terms and conditions, provided they do not conflict with the standard terms and conditions set forth in relation thereto. Any and all such supplementary terms and conditions shall be set out separately from the standard terms and conditions. a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by TSOs and Shippers (Appendix 1) •  additional Capacity products and services provided in relation thereto (sec- tion 9(4))  rules for the assignment of discounted and undiscounted Capacity to individual accounts ac- counts by means of different shipper codes in accordance with the administrative rulings on the regular decision on the reference price method as well as the other points referred to in Article 26 (1) of Regulation (EU) 2017/460 for all transmission system operators operating in the NetConnect Germany or GASPOOL entry and exit system (Ref. BK9-19/61018/610-NCG)(section NCG und BK9-18/611-GP)(section 7(7)) •  provisions imposing a requirement on Shippers to specify 24 consecutive hourly quantities in their nominations and/or granting them the option to nominate daily quantities (section 13(3)) •  provisions granting Shippers the option to submit over-nominations with the nominating nomi- nating Balancing Group Managers as a Shipper without a pro rata allocation to several Shippers (section 13d(2), sentence 5) •  alternative flow management arrangements other than the usual nomination process pro- cess (section 14) •  specification of allocation rules (section 22(1) and (3)) •  tariffs and payment terms (section 25(10)) •  invoicing and payments on account (section 26(1), sentence 1) •  penalty payments for Capacity overruns (section 30(4)) •  specification of intervals and due dates for advance payments (section 36a(11)) •  arrangements for the use of IT portals provided by the TSO, e.g. for the purpose of submitting nominations •  operational rules for Entry/Exit Points capable of switching between different gas qualities •  rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing re- pealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users us- ers and information on how possible delays in the availability of the relevant Capacity Ca- pacity or the event of a disruption to the relevant project are dealt with contractuallycontractu- ally. The provisions of this Cooperation Agreement shall be without prejudice to any supplementary terms and conditions for the allocation of new technical Capacity Capac- ity at Market Area Interconnection Points and Cross-Border Interconnection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October Octo- ber 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement Agree- ment dated 30 October 2017 entered into force. b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by DSOs operating entry/exit systems and Shippers (Appendix 2) •  rules for the assignment of discounted and undiscounted Capacity to individual accounts ac- counts by means of different shipper codes (Section 6(6)) in accordance with the ruling of the Federal Network Agency on specifications for the conversion of annual an- nual Capacity charges to within-year Capacity charges for capacity rights with a duration of less than one year and specifications for the calculation of transportation transporta- tion tariffs in accordance with Section 15(2) to (7) of GasNEV, the Gas Network Tariff Regulations (BEATE 2.0, BK9-18/608 amended by decision of 16.10.2020 (ref. BK9-20/608))18/608) •  additional Capacity products and services provided in relation thereto (section sec- tion 7(2)) •  nominations (section 9) and other nomination channels (section 10(2),) •  tariffs and payment terms (section 19(10) and section 20(1)) •  regulations on invoicing and payments on account (section 20 (1) sentence 1) •  penalty payments for Capacity overruns (section 24(4)) •  specification of intervals and due dates for advance payments (section 31(9)) •  specification of quantity reconciliation method •  price sheets •  arrangements for the use of IT portals provided by the Network Operator, e.g. for the purpose of submitting nominations c) Supplier Framework Agreement, to be entered into by DSOs operating postage-postage- stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) •  additional arrangements governing the process for the interruption and restoration of transportation services or the flow of gas at connection points on the instruction of the Shipper (section 11(6) and (11)) •  tariffs and payment terms (section 8(3) and (12)) •  charging arrangements for RLM Exit Points (section 9) – specification of billing period, calculation of Capacity and commodity charges, charging rules for periods falling outside the regular billing period •  charging arrangements for Exit Points other than RLM Exit Points (section 9) •  specification of the demand estimation method applied in respect of Exit Points where allocations are calculated using standard load profiles (“SLP Method”; Appendix Ap- pendix 5) •  price sheets (Appendix 1); d) Balancing Group Contract, including an appendix setting out supplementary provisions provi- sions for Biogas Balancing Group Contracts, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 4), and Agreement on the Linking of Balancing Groups pursuant to Section 5(3) of the Balancing Group Contract Terms & Conditions, to be concluded between the entered into by Market Area Manager Managers and Balancing Group Managers (Appendix 5) aa) general aspects •  rules for the formation of contracts for the linking of Balancing Groups (section sec- tion 17(4)) •  gas quantity transfers between Balancing Subgroups (section 9(1)) •  energy balancing rules for Capacity products that are subject to transporta- tion route restrictions  tariffs and terms of payment, intervals for payments on account/advance payments (section 29(2) and (section 32(1)) •  formats and data exchange (section 38) bb) contract for the apportionment of quantities between different Master Balancing Groups cc) price sheet dd) terms for the admission of users to online contract formation services and/or to the portal (section 3(2)) e) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) •  details on the charging of connection costs (section 8) •  specification of individual amounts in relation to limitations of liability in cases of minor negligence where liability for financial loss or damage to property suffered in the course of the connection works is limited to such foreseeable loss or damage dam- age as is typical for the relevant type of contract (section 21(3)) •  details relating to the description of the connection and the Technical Connection Conditions (Appendix 1) •  additional details relating to the site plan (Appendix 2) •  measurement arrangements (Appendix 3) •  interruption matrix (Appendix 4) f) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) •  contractual arrangements for the interruption of transportation services (section 9(1)(lit. csec- tion 9(1)(c)) •  details relating to the Technical Connection Conditions (Appendix 1) •  measurement arrangements (Appendix 2) •  interruption matrix (Appendix 4) 4. The provisions applied by a Party may differ from the standard terms and conditions listed in paragraph (2) above only where and to the extent that such variation has been permitted expressly in the relevant Appendix 1 to 7 or below. Any and all such variations varia- tions shall also be set out separately from the standard terms and conditions. In relation to the Entry/Exit Agreement for Transportation Services on Entry/Exit SystemsSys- tems, to be entered into by TSOs and Shippers (Annex 1): • Shippers:  differing provisions as regards the place where Capacity products within the scope of section 1(3) are marketed, insofar as legally permissible  rules for bundled Capacity products offered at Cross-Border Interconnection Points under the administrative ruling on gas Capacity management and auction procedures proce- dures handed down by the Federal Network Agency on 24 February 2011 (so-so- called “XXXXX Gas” decision; ref: BK7-10-001), or under any other administrative ruling by the Federal Network Agency that repeals or supplements this ruling •  exceptions for Cross-Border Interconnection Points pursuant to sentence 3 of section sec- tion 1(6) •  differing rules for the assignment of discounted and undiscounted Capacity to individual indi- vidual accounts by means of different shipper codes (section 7(7)) •  submission channel for Capacity status notices (section 12(16)) •  variations from the provisions set out in Common Business Practice (CBP) “Harmonisation Harmo- nisation of the Nomination and Matching Process” (section 13(9)) •  rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing re- pealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users and information on how possible delays in the availability of the relevant Capacity or the event of a disruption to the relevant project are dealt with contractually. The provisions of this Cooperation Agreement shall be without prejudice to variations in supplementary terms and conditions regarding the rules for the allocation of new technical Capacity at Market Area Interconnection Points and Cross-Border Interconnection Inter- connection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement dated 30 October 2017 entered into force.  Limited in time until 1 October 2021: Standardized provisions for the DZK product at the exit point to RLM end users; the Parties intend to incorporate the deviating standardized provisions into the standardized terms and conditions as of 1 October 2021. In relation to the balancing group contract to be concluded between the Market Area Manager and the Balancing Group Manager (Appendix 4) and in the agreement on join- ing balancing groups pursuant to section 5 (3) of the General Terms and Conditions of the balancing group contract to be concluded between the Market Area Manager and the Balancing Group Manager (Appendix 5)  Limited in time until 1 October 2021: Standardized provisions for the balancing group with the "dynamically allocable" status of the "RLM" type; the Parties intend to transpose the deviating standardized provisions into the standardized terms and conditions of business from 1 October 2021. 5. The Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users, as amended with effect from 1 October 2012, may only be applied to connections in respect re- spect of which, effective 1 October 2012, a contract offer is required to be submitted under un- der sentence 3 of section 33(6) of the Access Regulations. The Parties have no obligation obliga- tion to apply the standard contract as amended with effect from 1 October 2012 (Appendix Xxxxx- xxx 6) to any Connection and Use of Connection Agreements offered and/or entered into before that date. This shall be without prejudice to any changes that may be required re- quired to comply with mandatory statutory, regulatory or administrative provisions.

Contractual Framework. 1. The Parties hereby agree and undertake to apply the standard provisions listed in paragraph para- graph (2) below in all contracts granting network access to third parties pursuant to sentence sen- tence 7 of section 20(1b) of the Energy Industry Act. 2. The appendices to this Agreement set forth standard terms and conditions for the following fol- lowing types of contract: a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by TSOs and Shippers (Appendix 1) b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by DSOs operating entry/exit systems and Shippers (Appendix 2) c) Supplier Framework Agreement, to be entered into by DSOs operating postage-postage- stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) d) Balancing Group Contract, including an appendix setting out supplementary provisions provi- sions for Biogas Balancing Group Contracts, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 4) e) Agreement on the Linking of Balancing Groups pursuant to Section 17(3) of the Balancing Bal- ancing Group Contract Terms & Conditions, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 5) f) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) g) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) 3. Supplementary terms and conditions relating to any of the standard contracts listed in paragraph (2) above may only be adopted insofar as they relate to the matters listed below be- low for that type of contract and only where this is required to provide additional rules supplementing those set out in the standard terms and conditions, provided they do not conflict with the standard terms and conditions set forth in relation thereto. Any and all such supplementary terms and conditions shall be set out separately from the standard terms and conditions. a) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by TSOs and Shippers (Appendix 1) • additional Capacity products and services provided in relation thereto (sec- tion 9(4)) • rules for the assignment of discounted and undiscounted Capacity to individual accounts ac- counts by means of different shipper codes in accordance with the administrative rulings on the regular decision on the reference price method as well as the other points referred to in Article 26 (1) of Regulation (EU) 2017/460 for all transmission system operators operating in the NetConnect Germany or GASPOOL entry and exit system (Ref. BK9-19/61018/610-NCG)(section NCG und BK9-18/611-GP)(section 7(7)) • provisions imposing a requirement on Shippers to specify 24 consecutive hourly quantities in their nominations and/or granting them the option to nominate daily quantities (section 13(3)) • provisions granting Shippers the option to submit over-nominations with the nominating nomi- nating Balancing Group Managers as a Shipper without a pro rata allocation to several Shippers (section 13d(2), sentence 5) • alternative flow management arrangements other than the usual nomination process pro- cess (section 14) • specification of allocation rules (section 22(1) and (3)) • tariffs and payment terms (section 25(10)) • invoicing and payments on account (section 26(1), sentence 1) • penalty payments for Capacity overruns (section 30(4)) • specification of intervals and due dates for advance payments (section 36a(11)) • arrangements for the use of IT portals provided by the TSO, e.g. for the purpose of submitting nominations • operational rules for Entry/Exit Points capable of switching between different gas qualities • rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing re- pealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users us- ers and information on how possible delays in the availability of the relevant Capacity Ca- pacity or the event of a disruption to the relevant project are dealt with contractuallycontractu- ally. The provisions of this Cooperation Agreement shall be without prejudice to any supplementary terms and conditions for the allocation of new technical Capacity Capac- ity at Market Area Interconnection Points and Cross-Border Interconnection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October Octo- ber 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement Agree- ment dated 30 October 2017 entered into force. b) Entry/Exit Agreement for Transportation Services on Entry/Exit Systems, to be entered en- tered into by DSOs operating entry/exit systems and Shippers (Appendix 2) • rules for the assignment of discounted and undiscounted Capacity to individual accounts ac- counts by means of different shipper codes (Section 6(6)) in accordance with the ruling of the Federal Network Agency on specifications for the conversion of annual an- nual Capacity charges to within-year Capacity charges for capacity rights with a duration of less than one year and specifications for the calculation of transportation transporta- tion tariffs in accordance with Section 15(2) to (7) of GasNEV, the Gas Network Tariff Regulations (BEATE 2.0, BK9-18/608 amended by decision of 16.10.2020 (ref. BK9-20/608))18/608) • additional Capacity products and services provided in relation thereto (section sec- tion 7(2)) • nominations (section 9) and other nomination channels (section 10(2),) • tariffs and payment terms (section 19(10) and section 20(1)) • regulations on invoicing and payments on account (section 20 (1) sentence 1) • penalty payments for Capacity overruns (section 24(4)) • specification of intervals and due dates for advance payments (section 31(9)) • specification of quantity reconciliation method • price sheets • arrangements for the use of IT portals provided by the Network Operator, e.g. for the purpose of submitting nominations c) Supplier Framework Agreement, to be entered into by DSOs operating postage-postage- stamp tariff systems or operators of closed distribution networks within the scope of section 110 of the Energy Industry Act and Suppliers in their capacity as Shippers (Appendix 3) • additional arrangements governing the process for the interruption and restoration of transportation services or the flow of gas at connection points on the instruction of the Shipper (section 11(6) and (11)) • tariffs and payment terms (section 8(3) and (12)) • charging arrangements for RLM Exit Points (section 9) – specification of billing period, calculation of Capacity and commodity charges, charging rules for periods falling outside the regular billing period • charging arrangements for Exit Points other than RLM Exit Points (section 9) • specification of the demand estimation method applied in respect of Exit Points where allocations are calculated using standard load profiles (“SLP Method”; Appendix Ap- pendix 5) • price sheets (Appendix 1); d) Balancing Group Contract, including an appendix setting out supplementary provisions provi- sions for Biogas Balancing Group Contracts, to be concluded between the entered into by Market Area Manager Man- agers and Balancing Group Managers (Appendix 4), and Agreement on the Linking of Balancing Groups pursuant to Section 5(3) of the Balancing Group Contract Terms & Conditions, to be concluded between the entered into by Market Area Manager Managers and Balancing Group Managers (Appendix 5) aa) general aspects • rules for the formation of contracts for the linking of Balancing Groups (section sec- tion 17(4)) • gas quantity transfers between Balancing Subgroups (section 9(1)) • energy balancing rules for Capacity products that are subject to transporta- tion route restrictions • tariffs and terms of payment, intervals for payments on account/advance payments (section 29(2) and (section 32(1)) • formats and data exchange (section 38) bb) contract for the apportionment of quantities between different Master Balancing Groups cc) price sheet dd) terms for the admission of users to online contract formation services and/or to the portal (section 3(2)) e) Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users (Appendix 6) • details on the charging of connection costs (section 8) • specification of individual amounts in relation to limitations of liability in cases of minor negligence where liability for financial loss or damage to property suffered in the course of the connection works is limited to such foreseeable loss or damage dam- age as is typical for the relevant type of contract (section 21(3)) • details relating to the description of the connection and the Technical Connection Conditions (Appendix 1) • additional details relating to the site plan (Appendix 2) • measurement arrangements (Appendix 3) • interruption matrix (Appendix 4) f) Biogas Entry Agreement for the Injection of Biogas into Distribution Networks, to be entered into by DSOs and Shippers who transport biogas (Appendix 7) • contractual arrangements for the interruption of transportation services (section 9(1)(lit. csec- tion 9(1)(c)) • details relating to the Technical Connection Conditions (Appendix 1) • measurement arrangements (Appendix 2) • interruption matrix (Appendix 4) 4. The provisions applied by a Party may differ from the standard terms and conditions listed in paragraph (2) above only where and to the extent that such variation has been permitted expressly in the relevant Appendix 1 to 7 or below. Any and all such variations varia- tions shall also be set out separately from the standard terms and conditions. In relation to the Entry/Exit Agreement for Transportation Services on Entry/Exit SystemsSys- tems, to be entered into by TSOs and Shippers (Annex 1): Shippers: • differing provisions as regards the place where Capacity products within the scope of section 1(3) are marketed, insofar as legally permissible • rules for bundled Capacity products offered at Cross-Border Interconnection Points under the administrative ruling on gas Capacity management and auction procedures proce- dures handed down by the Federal Network Agency on 24 February 2011 (so-so- called “XXXXX Gas” decision; ref: BK7-10-001), or under any other administrative ruling by the Federal Network Agency that repeals or supplements this ruling • exceptions for Cross-Border Interconnection Points pursuant to sentence 3 of section sec- tion 1(6) • differing rules for the assignment of discounted and undiscounted Capacity to individual indi- vidual accounts by means of different shipper codes (section 7(7)) • submission channel for Capacity status notices (section 12(16)) • variations from the provisions set out in Common Business Practice (CBP) “Harmonisation Harmo- nisation of the Nomination and Matching Process” (section 13(9)) • rules for the allocation of incremental Capacity within the meaning of Article 3(1) of Commission Regulation (EU) 2017/459 of 16 March 2017 establishing a Network Code on Capacity Allocation Mechanisms in Gas Transmission Systems and repealing re- pealing Regulation (EU) No 984/2013 as amended at the date this Cooperation Agreement enters into force, including any security to be provided by network users and information on how possible delays in the availability of the relevant Capacity or the event of a disruption to the relevant project are dealt with contractually. The provisions of this Cooperation Agreement shall be without prejudice to variations in supplementary terms and conditions regarding the rules for the allocation of new technical Capacity at Market Area Interconnection Points and Cross-Border Interconnection Inter- connection Points pursuant to Article 2(3) of Commission Regulation (EU) No 984/2013 of 14 October 2013 as amended at 1 October 2016 as well as to any transportation contracts for new technical Capacity in effect on the date on which the Cooperation Agreement dated 30 October 2017 entered into force. • Limited in time until 1 October 2021: Standardized provisions for the DZK product at the exit point to RLM end users; the Parties intend to incorporate the deviating standardized provisions into the standardized terms and conditions as of 1 October 2021. In relation to the balancing group contract to be concluded between the Market Area Manager and the Balancing Group Manager (Appendix 4) and in the agreement on join- ing balancing groups pursuant to section 5 (3) of the General Terms and Conditions of the balancing group contract to be concluded between the Market Area Manager and the Balancing Group Manager (Appendix 5) • Limited in time until 1 October 2021: Standardized provisions for the balancing group with the "dynamically allocable" status of the "RLM" type; the Parties intend to transpose the deviating standardized provisions into the standardized terms and conditions of business from 1 October 2021. 5. The Connection and Use of Connection Agreement for Biogas Plants, to be entered into by Network Operators and relevant Connection Customers and/or Connection Users, as amended with effect from 1 October 2012, may only be applied to connections in respect re- spect of which, effective 1 October 2012, a contract offer is required to be submitted under un- der sentence 3 of section 33(6) of the Access Regulations. The Parties have no obligation obliga- tion to apply the standard contract as amended with effect from 1 October 2012 (Appendix Xxxxx- xxx 6) to any Connection and Use of Connection Agreements offered and/or entered into before that date. This shall be without prejudice to any changes that may be required re- quired to comply with mandatory statutory, regulatory or administrative provisions.