Common use of Final Provisions Clause in Contracts

Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rules, the Parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 15 contracts

Samples: Gas Storage Agreement, Gas Storage Agreement, Gas Storage Agreement

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Final Provisions. 1. Legal relations between the Parties established by this Contract Agreement and not specially regulated therein, therein shall be governed by the Czech law, especially relevant provisions of the Energy Act, relevant instruments for the Energy Act and the Civil CodeAct No. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator89/2012 Coll. 2. Terms not defined in this Agreement shall have the meaning assigned to them in the Code, in the Energy Act and in Rules of the Gas Market. 3. The Parties hereby mutually declare they enter into this Contract Agreement as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the The Parties further mutually stipulate they consider the content of this contract Agreement not to be contradicting to usages in the gas industry. 34. The Parties acknowledge that the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a relevant sections of the Energy Act. 45. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rulesthe Regulation No. 365/2000 Coll., on the Rules of the gas market, as amended, the Parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this ContractAgreement. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer client (within the meaning of Section 62 of the §62, Energy Act) has the right to rescind this Contract Agreement in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. The Storage Operator shall announce the proposal to alter contractual terms and conditions in writing to the Storage User at the latest 30 days before the effective day. In the event the Contract Agreement is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract Agreement within 90 days after the day it he/she learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment The Parties undertake mutually to protect and keep in secret against third persons any confidential information. None of rights the Party shall provide information without written consent from second Party, about the content of this Agreement or other confidential information, and obligations arising from this Contract neither in partial scope to a third party, with the exception of persons that govern, and persons governed by the identical governing person. In like manner the Parties shall protect confidential information or facts that form commercial secret of third person, that have been provided by such third party including their putting as a security either totally or partially, is possible only with prior written consent to some of the other PartyParties by the courtesy thereof. The obligation to protect confidentiality shall last throughout the duration of the facts that form commercial secret, or duration of the interest to protect confidential information. 8. This Contract Agreement can be altered or supplemented only in the form of written amendments signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules is been specified in Clause I thereof, and in the Rules. 9. This Agreement has been made in two copies, each having the force of original copy, by one for each Contractual Party. 910. The Parties to this ContractAgreement, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract Agreement as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 5 contracts

Samples: Gas Storage Agreement, Gas Storage Agreement, Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rules, the Parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 5 contracts

Samples: Storage Contract, Storage Contract, Storage Contract

Final Provisions. 1. Legal relations between the Parties established by this Contract Agreement and not specially regulated therein, therein shall be governed by the Czech law, especially relevant provisions of the Energy Act, relevant instruments for the Energy Act and the Civil CodeAct No. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator89/2012 Coll. 2. Terms not defined in this Agreement shall have the meaning assigned to them in the Code, in the Energy Act and in Rules of the Gas Market. 3. The Parties hereby mutually declare they enter into this Contract Agreement as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the The Parties further mutually stipulate they consider the content of this contract Agreement not to be contradicting to usages in the gas industry. 34. The Parties acknowledge that the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a relevant sections of the Energy Act. 45. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rulesthe Regulation No. 365/2000 Coll., on the Rules of the gas market, as amended, the Parties parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer client (within the meaning of Section 62 of the §62, Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. The Storage Operator shall announce the proposal to alter contractual terms and conditions in writing to the Storage User at the latest 30 days before the effective day. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it he/she learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment The Parties undertake mutually to protect and keep in secret against third persons any confidential information. None of rights the Party shall provide information without written consent from second Party, about the content of this Agreement or other confidential information, and obligations arising from this Contract neither in partial scope to a third party, with the exception of persons that govern, and persons governed by the identical governing person. In like manner the Parties shall protect confidential information or facts that form commercial secret of third person, that have been provided by such third party including their putting as a security either totally or partially, is possible only with prior written consent to some of the other Partycontracting Parties by the courtesy thereof. The obligation to protect confidentiality shall last throughout the duration of the facts that form commercial secret, or duration of the interest to protect confidential information. 8. This Contract Agreement can be altered or supplemented only in the form of written amendments signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules is been specified in Clause I thereof, and in the Rules. 9. This Agreement has been made in two copies, each having the force of original copy, by one for each Contractual contracting Party. 910. The Parties to this ContractAgreement, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract Agreement as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 4 contracts

Samples: Gas Storage Agreement, Gas Storage Agreement, Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract Agreement and not specially regulated therein, therein shall be governed by the Czech law, especially relevant provisions of the Energy Act, relevant instruments for the Energy Act and the Civil CodeAct No. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator89/2012 Coll. 2. Terms not defined in this Agreement shall have the meaning assigned to them in the Code, in the Energy Act and in Rules of the Gas Market. 3. The Parties hereby mutually declare they enter into this Contract Agreement as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the The Parties further mutually stipulate they consider the content of this contract Agreement not to be contradicting to usages in the gas industry. 34. The Parties acknowledge that the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a relevant sections of the Energy Act. 45. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rulesthe Regulation No. 365/2000 Coll., on the Rules of the gas market, as amended, the Parties parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer client (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. The Storage Operator shall announce the proposal to alter contractual terms and conditions in writing to the Storage User at the latest 30 days before the effective day. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it he/she learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment The Parties undertake mutually to protect and keep in secret against third persons any confidential information. None of rights the Party shall provide information without written consent from second Party, about the content of this Agreement or other confidential information, and obligations arising from this Contract neither in partial scope to a third party, with the exception of persons that govern, and persons governed by the identical governing person. In like manner the Parties shall protect confidential information or facts that form commercial secret of third person, that have been provided by such third party including their putting as a security either totally or partially, is possible only with prior written consent to some of the other Partycontracting Parties by the courtesy thereof. The obligation to protect confidentiality shall last throughout the duration of the facts that form commercial secret, or duration of the interest to protect confidential information. 8. This Contract Agreement can be altered or supplemented only in the form of written amendments signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules is been specified in Clause I thereof, and in the Rules. 9. This Agreement has been made in two copies, each having the force of original copy, by one for each Contractual contracting Party. 910. The Parties to this ContractAgreement, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract Agreement as free act and deed in witness whereof they sign their hand. Annexes: Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and|THE SIGNATURE PAGE FOLLOWS|

Appears in 4 contracts

Samples: Gas Storage Agreement, Gas Storage Agreement, Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rules, the Parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 3 contracts

Samples: Storage Agreement, Gas Storage Agreement, Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules Code shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market RulesRegulation No. 349/2015, the Gas market rules, as amended, the Parties mutually declare Sections 1765 and 1766 of the Civil Code (hardship provisions) shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules Code has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 3 contracts

Samples: Storage Agreement, Storage Agreement, Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rules, the Parties parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part chapter I, Article article 2, Paragraph letter. C, Letter paragraph b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties contracting parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and iii. minimum unit price valid at the moment of filing of request, or offered by the Storage User in its request (minimum or offered price shall be determinative in case the Storage Provider starts an interruption of outputs); c. in case of the reservation of temporary daily storage i. duration of the individual storage contract (start and end day), ii. amount of reserved storage capacity and iii. the overall price for reserved service. 10. Payment conditions for individual storage contracts shall be governed by chapter III, article 10 of the Code. For price calculation regarding the storage capacity with interruptible output, only those output which were not interrupted are to be taken into consideration. 11. Provisions of article VII and VIII of the main contract to store gas for reservation of annual storage capacity with fixed output, which this agreement is annex to, shall be also applicable to individual storage contracts. 12. The contracting parties take into account, that in cases this annex is not executed by the signatures of party representatives, it shall not be binding upon any of the contracting parties and it shall not become part of the main contract, notwithstanding the fact it may be physically attached to such contract. 13. This agreement is in effect for the whole storage period under the main agreement, i.e. from 1 April 2017, 6 a.m., until 1 April 2023, 6 a.m.

Appears in 1 contract

Samples: Gas Storage Agreement

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Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rules, the Parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of DirectorsDirectors Annex No. 1 Xxxxxxxxxx & Injection Curve 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 1 contract

Samples: Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract Agreement and not specially regulated therein, therein shall be governed by the Czech law, especially relevant provisions of the Energy Act, relevant instruments for the Energy Act and the Civil CodeAct No. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator89/2012 Coll. 2. Terms not defined in this Agreement shall have the meaning assigned to them in the Code, in the Energy Act and in Rules of the Gas Market. 3. The Parties hereby mutually declare they enter into this Contract Agreement as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the The Parties further mutually stipulate they consider the content of this contract Agreement not to be contradicting to usages in the gas industry. 34. The Parties acknowledge that the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a relevant sections of the Energy Act. 45. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rulesthe Regulation No. 365/2000 Coll., on the Rules of the gas market, as amended, the Parties parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer client (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. The Storage Operator shall announce the proposal to alter contractual terms and conditions in writing to the Storage User at the latest 30 days before the effective day. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it he/she learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment The Parties undertake mutually to protect and keep in secret against third persons any confidential information. None of rights the Party shall provide information without written consent from second Party, about the content of this Agreement or other confidential information, and obligations arising from this Contract neither in partial scope to a third party, with the exception of persons that govern, and persons governed by the identical governing person. In like manner the Parties shall protect confidential information or facts that form commercial secret of third person, that have been provided by such third party including their putting as a security either totally or partially, is possible only with prior written consent to some of the other Partycontracting Parties by the courtesy thereof. The obligation to protect confidentiality shall last throughout the duration of the facts that form commercial secret, or duration of the interest to protect confidential information. 8. This Contract Agreement can be altered or supplemented only in the form of written amendments signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules is been specified in Clause I thereof, and in the Rules. 9. This Agreement has been made in two copies, each having the force of original copy, by one for each Contractual contracting Party. 910. The Parties to this ContractAgreement, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract Agreement as free act and deed in witness whereof they sign their hand. Annexes: Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and|THE SIGNATURE PAGE FOLLOWS|

Appears in 1 contract

Samples: Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract Agreement and not specially regulated therein, therein shall be governed by the Czech law, especially relevant provisions of the Energy Act, relevant instruments for the Energy Act and the Civil CodeAct No. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator89/2012 Coll. 2. Terms not defined in this Agreement shall have the meaning assigned to them in the Code, in the Energy Act and in Rules of the Gas Market. 3. The Parties hereby mutually declare they enter into this Contract Agreement as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the The Parties further mutually stipulate they consider the content of this contract Agreement not to be contradicting to usages in the gas industry. 34. The Parties acknowledge that the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a relevant sections of the Energy Act. 45. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rulesthe Regulation No. 365/2000 Coll., on the Rules of the gas market, as amended, the Parties parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer client (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. The Storage Operator shall announce the proposal to alter contractual terms and conditions in writing to the Storage User at the latest 30 days before the effective day. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it he/she learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment The Parties undertake mutually to protect and keep in secret against third persons any confidential information. None of rights the Party shall provide information without written consent from second Party, about the content of this Agreement or other confidential information, and obligations arising from this Contract neither in partial scope to a third party, with the exception of persons that govern, and persons governed by the identical governing person. In like manner the Parties shall protect confidential information or facts that form commercial secret of third person, that have been provided by such third party including their putting as a security either totally or partially, is possible only with prior written consent to some of the other Partycontracting Parties by the courtesy thereof. The obligation to protect confidentiality shall last throughout the duration of the facts that form commercial secret, or duration of the interest to protect confidential information. 8. This Contract Agreement can be altered or supplemented only in the form of written amendments signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules is been specified in Clause I thereof, and in the Rules. 9. This Agreement has been made in two copies, each having the force of original copy, by one for each Contractual contracting Party. 910. The Parties to this ContractAgreement, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract Agreement as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 1 contract

Samples: Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract and not specially regulated therein, shall be governed by the Czech law, especially relevant provisions of the Energy Act and the Civil Code. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator. 2. The Parties hereby mutually declare they enter into this Contract as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the Parties further mutually stipulate they consider the content of this contract not to be contradicting to usages in the gas industry. 3. The Parties acknowledge the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are subject to approval or prescription by the Energy Regulatory Office under Section 97a of the Energy Act. 4. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rules, the Parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer (within the meaning of Section 62 of the Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. In the event the Contract is rescinded due to a disapproval of the Storage Operator- proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment of rights and obligations arising from this Contract to a third party including their putting as a security either totally or partially, is possible only with prior written consent of the other Party. 8. This Contract has been made in two copies, each having the force of original copy, by one for each Contractual Party. 9. The Parties to this Contract, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and iii. minimum unit price valid at the moment of filing of request, or offered by the Storage User in its request (minimum or offered price shall be determinative in case the Storage Provider starts an interruption of outputs); c. in case of the reservation of temporary daily storage i. duration of the individual storage contract (start and end day), ii. amount of reserved storage capacity and

Appears in 1 contract

Samples: Gas Storage Agreement

Final Provisions. 1. Legal relations between the Parties established by this Contract Agreement and not specially regulated therein, therein shall be governed by the Czech law, especially relevant provisions of the Energy Act, relevant instruments for the Energy Act and the Civil CodeAct No. Any and all dispute arising out of or in relation to this Contract shall be decided by the Czech courts, competent with regards to the seat of the Storage Operator89/2012 Coll. 2. Terms not defined in this Agreement shall have the meaning assigned to them in the Code, in the Energy Act and in Rules of the Gas Market. 3. The Parties hereby mutually declare they enter into this Contract Agreement as entrepreneurs, and they are not aware of any facts that may lead to a presumption that one of the Parties parties could be deemed as a weaker contracting party. Under Section 1801 of the Civil Code, the The Parties further mutually stipulate they consider the content of this contract Agreement not to be contradicting to usages in the gas industry. 34. The Parties acknowledge that the Rules shall not be considered as standard business terms of the Storage Operator in the meaning of the Section 1751 et seq. of the Civil Code, as the Rules are Code is subject to approval or prescription by the Energy Regulatory Office under Section 97a relevant sections of the Energy Act. 45. Regarding the regulated nature of the business activity of the Storage Operator and that the allocation of the storage capacity is governed by Market Rulesthe Regulation No. 349/2015 Coll., on the Rules of the gas market, as amended, the Parties parties mutually declare Sections 1765 and 1766 of the Civil Code shall not be applicable to this Contract. Storage User undertakes to bear the risk of change in circumstances under Section 1765, para. 2 of the Civil Code. 5. This Contract can be altered or supplemented only in the form of written sub-contracts signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules has been specified hereinafter in Clause II of the Contract, and in the Rules. 6. Storage User who is also the final customer client (within the meaning of Section 62 of the §62, Energy Act) has the right to rescind this Contract in case of not meeting contractual duties on the side of Storage Operator, or in case of not agreeing with the Storage Operator-proposed change of the terms and conditions which are not incited by the change of generally binding legal regulations, or by the ruling of relevant state administration body. The Storage Operator shall announce the proposal to alter contractual terms and conditions in writing to the Storage User at the latest 30 days before the effective day. In the event the Contract is rescinded due to a disapproval of the Storage Operator- Operator-proposed alteration of the terms and conditions, this right to rescind will terminate unless respective Storage User has not rescinded the Contract within 90 days after the day it he/she learned of draft change to the terms and conditions or could have learned thereof. 7. Assignment The Parties undertake mutually to protect and keep in secret against third persons any confidential information. None of rights the Party shall provide information without written consent from second Party, about the content of this Agreement or other confidential information, and obligations arising from this Contract neither in partial scope to a third party, with the exception of persons that govern, and persons governed by the identical governing person. In like manner the Parties shall protect confidential information or facts that form commercial secret of third person, that have been provided by such third party including their putting as a security either totally or partially, is possible only with prior written consent to some of the other Partycontracting Parties by the courtesy thereof. The obligation to protect confidentiality shall last throughout the duration of the facts that form commercial secret, or duration of the interest to protect confidential information. 8. This Contract Agreement can be altered or supplemented only in the form of written amendments signed by both Parties’ representatives in charge along with the fact that the way of changing or supplementing the Rules is been specified in Clause I thereof, and in the Rules. 9. This Agreement has been made in two copies, each having the force of original copy, by one for each Contractual contracting Party. 910. The Parties to this ContractAgreement, following its reading, agree with its contents and are not aware of any obstacles, claims of third parties, or of any other legal defects that would prevent them from signing it or cause invalidity or nullity thereof, and declare they signed this Contract Agreement as free act and deed in witness whereof they sign their hand. Annex No. 1: Injection curve & withdrawal curve Annex No. 2: Agreement on the procedures for reservation of the short-term products (optional) In Hodonín, date ………………………. In ……………………., date…………………….. On behalf of Storage Operator: On behalf of Storage User: Ing. Xxxxx Xxxxx [●] Chairman of the Board of Directors Mgr. Xxxxxxxx Xxxxx, Ph.D. [●] Deputy Chairman of the Board of Directors 1. The Storage User declares its intent to file electronic requests for the reservation of short-term storage products as defined in the Code (Part I, Article 2, Paragraph C, Letter b)) (hereinafter as “request”). 2. Based on the abovementioned intent, the Storage User and the Storage Operator agree that the Storage Operator shall make accessible online nomination portal to the Storage User so that the Storage User could file requests accordingly. The Storage Operator shall send the Storage User necessary access codes after the conclusion of this agreement. 3. In case the Storage Provider is not able to ensure filing requests via the online nomination system due to the verifiable technical failure of such system or force majeure event, particularly by making data communication operator services inaccessible, the Storage Provider is entitled to determine an alternative way of electronic communication. In such a way the Storage User shall be immediately informed of such circumstance, together with information about the last registered request of the Storage User. For these cases the Parties stipulate that the Storage Provider is not responsible for potential damage. 4. Availability and unit prices, alternatively minimum unit prices (concerning daily interruptible outputs), of respective short-term storage products are posted on the website of the Storage Operator. In the case the price changes, the price valid in the moment the request is made shall be deem decisive. 5. By executing this agreement, the Storage User is obliged to follow the Market Rules, the Code, this agreement and model procedures published on Storage Operator’s webpages while filing a request (in case of conflicts or changes the hierarchy of the aforementioned shall be as follows: model procedure < this agreement < Code < Market Rules). In case the request is not following these rules, the Storage Operator is entitled to refuse such request without stating further reason and inform the Storage User of such refusal. 6. Assessment of all requests filed by the Storage User or other entitled third parties that were not denied shall be induced by Storage Provider’s effort to utilise available capacities and outputs as economically as possible, considering technical possibilities of the storage facility known in the moment of assessment under the Market Rules. 7. The result of the assessment is either approval or denial of the request. The result of the assessment shall be notified to the Storage User by means of electronic message. 8. Electronic approval of the request shall establish a reservation of sought for product and at the moment of approval’s notification an individual storage contract is deemed to be concluded the content of which is determined by the content of such electronic approval, this agreement, the Code and the Market Rules. 9. The electronic approval shall contain among others: a. in case of the reservation of daily storage capacity with a firm output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily firm injection and/or withdrawal output and iii. the overall price for reserved service; b. in case of the reservation of daily storage capacity with an interruptible output i. duration of the individual storage contract (start and end day), ii. amount of reserved daily interruptible injection and/or withdrawal output and

Appears in 1 contract

Samples: Gas Storage Agreement

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