Common use of Introductory Provisions Clause in Contracts

Introductory Provisions. 1. Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (hereinafter referred to as “TPD”) determines, besides others, that all unit packets of tobacco products must carry a unique identifier so that their movement is recorded. 2. On the basis of Decree of the Government of the Czech Republic No. 671 of 17 October 2018, the Government of the Czech Republic appointed STC at the issuer of the unique identifiers of tobacco products for the Czech Republic within the meaning of Article 3 of Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (hereinafter referred to as “Regulation”). 3. In the Decree referred to above, the Government of the Czech Republic also authorised the Ministry of Agriculture (hereinafter referred to as “MoA”) to supervise the performance of the activities of STC related to the issuance of unique identifiers of tobacco products; the MoA then delegated certain supervisory functions onto the Czech Agriculture and Food Inspection Authority (hereinafter referred to as “CAFIA”). 4. On the basis of the requirement of and decision adopted by the MoA, STC, as an issuer of unique identifiers of tobacco products (hereinafter referred to as “UIs”), shall issue the UIs in the “place of destination” regime within the meaning of Article 4 (1) sentence two of the Regulation. The issuer shall issue the UIs in stated regime referring to the MoA´s decision (Opinion on the application of the exception issued by MoA of 2 May 2019) from May 20th 2019. 5. As an issuer of UIs, STC is responsible for the generating and issuance of UIs in compliance with Articles 8, 9, 11 and 13 of the Regulation. 6. Referring to Articles 14-19 of the Regulation, the Issuer shall also: a) Issue and register identifier codes of economic operators; b) Issue and register identifier codes of facilities; c) Issue and register identifier codes of machines; (hereinafter jointly referred to as “Identification Codes”). 7. For the purposes of generating and issuance of UIs and Identification Codes, the Issuer operates an electronic system meeting all requirements for the issuance of UIs and Identification Codes pursuant to the Regulation (hereinafter referred to as “System”). With regard to the number of entities that will request the Issuer to issue and register Identification Codes and generate and issue UIs, and with regard to the character of the Issuer’s performance, the Issuer determines technical and business terms and conditions of the issuance of Unique Identifiers of tobacco products in the form of indirect contract provisions within the meaning of Section 1751 of the Civil Code specified in the Issuer’s System Operating Rules (hereinafter referred to as “Operating Rules”) and in the Specification of Public API of Státní tiskárna cenin, s.p. (hereinafter referred to as “STC API Specification”), the current version of which is available on the Issuer’s website xxx.xxxxxxxxxxxxx.xx. 8. The Ordering Party confirms that it had an opportunity to become familiar with the Operating Rules and the STC API Specification prior to signing this Contract. If this Contract includes any rights or obligations of the Contracting Parties that are different from the terms and conditions included in the Operating Rules or STC API Specification, the provisions of this Contract shall be preferred. The Ordering Party acknowledges that the Issuer may amend the terms and conditions included in the Operating rules or in the STC API Specification in an adequate scope. If the Issuer makes any changes, it shall inform the Ordering Party of the change at least 3 month before the effect date of the amendment and the Ordering Party shall be entitled to reject the changes and terminate the obligations under this Contract for that reason pursuant to Article XI (2) (c) hereof. 9. This Contract only determines terms and conditions for the issuance of UIs within the meaning of Articles 8, 9, 11 and 13 of the Regulation and the related rights and obligations. 10. In addition to the Ordering Party are entitled to order UIs in the sense of Art. III, also entities - any affiliate belonging to the group of the Ordering Party, listed in written authorization of these entities, stating their full identification and scope of authorization pursuant to Article III hereof (“hereinafter called “Affiliates”). Affiliates submit an application for issuance of an UIs on behalf and at expensive of the Ordering Party. 11. The Ordering Party or Affiliates is/are entitled to order UIs after duly registration with the Issuer and while also after confirming that the Ordering Party (Affiliates) successfully completed test environments and after taking over the keys to the System production environment in accordance with the Operating Rules.

Introductory Provisions. 1. Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (hereinafter referred to as “TPD”) determines, besides others, that all unit packets of tobacco products must carry a unique identifier so that their movement is recorded. 2. On the basis of Decree of the Government of the Czech Republic No. 671 of 17 October 2018, the Government of the Czech Republic appointed STC at the issuer of the unique identifiers of tobacco products for the Czech Republic within the meaning of Article 3 of Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (hereinafter referred to as “Regulation”). 3. In the Decree referred to above, the Government of the Czech Republic also authorised the Ministry of Agriculture (hereinafter referred to as “MoA”) to supervise the performance of the activities of STC related to the issuance of unique identifiers of tobacco products; the MoA then delegated certain supervisory functions onto the Czech Agriculture and Food Inspection Authority (hereinafter referred to as “CAFIA”). 4. On the basis of the requirement of and decision adopted by the MoA, STC, as an issuer of unique identifiers of tobacco products (hereinafter referred to as “UIs”), shall issue the UIs in the “place of destination” regime within the meaning of Article 4 (1) sentence two of the Regulation. The issuer shall issue the UIs in stated regime referring to the MoA´s decision (Opinion on the application of the exception issued by MoA of 2 May 2019) from May 20th 2019. 5. As an issuer of UIs, STC is responsible for the generating and issuance of UIs in compliance with Articles 8, 9, 11 and 13 of the Regulation. 6. Referring to Articles 14-19 of the Regulation, the Issuer shall also: a) Issue and register identifier codes of economic operators; b) Issue and register identifier codes of facilities; c) Issue and register identifier codes of machines; (hereinafter jointly referred to as “Identification Codes”). 7. For the purposes of generating and issuance of UIs and Identification Codes, the Issuer operates an electronic system meeting all requirements for the issuance of UIs and Identification Codes pursuant to the Regulation (hereinafter referred to as “System”). With regard to the number of entities that will request the Issuer to issue and register Identification Codes and generate and issue UIs, and with regard to the character of the Issuer’s performance, the Issuer determines technical and business terms and conditions of the issuance of Unique Identifiers of tobacco products in the form of indirect contract provisions within the meaning of Section 1751 of the Civil Code specified in the Issuer’s System Operating Rules (hereinafter referred to as “Operating Rules”) and in the Specification of Public API of Státní tiskárna cenin, s.p. s. p. (hereinafter referred to as “STC API Specification”), the current version of which is available on the Issuer’s website xxx.xxxxxxxxxxxxx.xx. 8. The Ordering Party confirms that it had an opportunity to become familiar with the Operating Rules and the STC API Specification prior to signing this Contract. If this Contract includes any rights or obligations of the Contracting Parties that are different from the terms and conditions included in the Operating Rules or STC API Specification, the provisions of this Contract shall be preferred. The Ordering Party acknowledges that the Issuer may amend the terms and conditions included in the Operating rules or in the STC API Specification in an adequate scope. If the Issuer makes any changes, it shall inform the Ordering Party of the change at least 3 month before the effect date of the amendment and the Ordering Party shall be entitled to reject the changes and terminate the obligations under this Contract for that reason pursuant to Article XI (2) (c) hereof. 9. This Contract only determines terms and conditions for the issuance of UIs within the meaning of Articles 8, 9, 11 and 13 of the Regulation and the related rights and obligations. 10. In addition to the Ordering Party are entitled to order UIs in the sense of Art. III, also entities - any affiliate belonging to the group of the Ordering Party, listed in written authorization of these entities, stating their full identification and scope of authorization pursuant to Article III hereof (“hereinafter called “Affiliates”). Affiliates submit an application for issuance of an UIs on behalf and at expensive of the Ordering Party. 11. The Ordering Party or Affiliates is/are entitled to order UIs after duly registration with the Issuer and while also after confirming that the Ordering Party (Affiliates) successfully completed test environments and after taking over the keys to the System production environment in accordance with the Operating Rules.

Introductory Provisions. 1. Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (hereinafter referred to as “TPD”) determines, besides others, that all unit packets of tobacco products must carry a unique identifier so that their movement is recorded. 2. On the basis of Decree of the Government of the Czech Republic No. 671 of 17 October 2018, the Government of the Czech Republic appointed STC at as the issuer of the unique identifiers of tobacco products for the Czech Republic within the meaning of Article 3 of Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (hereinafter referred to as “Regulation”). 3. In the Decree referred to above, the Government of the Czech Republic also authorised the Ministry of Agriculture (hereinafter referred to as “MoA”) to supervise the performance of the activities of STC related to the issuance of unique identifiers of tobacco products; the MoA then delegated certain supervisory functions onto the Czech Agriculture and Food Inspection Authority (hereinafter referred to as “CAFIA”). 4. On the basis of the requirement of and decision adopted by the MoA, STC, as an issuer of unique identifiers of tobacco products (hereinafter referred to as “UIs”), shall issue the UIs in the “place of destination” regime within the meaning of Article 4 (1) sentence two of the Regulation. The issuer shall issue the UIs in stated regime referring to the MoA´s decision (Opinion on the application of the exception issued by MoA of 2 May 2019) from May 20th 2019. 5. As an issuer of UIs, STC is responsible for the generating and issuance of UIs in compliance with Articles 8, 9, 11 and 13 of the Regulation. 6. Referring to Articles 14-19 of the Regulation, the Issuer shall also: a) Issue and register identifier codes of economic operators; b) Issue and register identifier codes of facilities; c) Issue and register identifier codes of machines; (hereinafter jointly referred to as “Identification Codes”). 7. For the purposes of generating and issuance of UIs and Identification Codes, the Issuer operates an electronic system meeting all requirements for the issuance of UIs and Identification Codes pursuant to the Regulation (hereinafter referred to as “System”). With regard to the number of entities that will request the Issuer to issue and register Identification Codes and generate and issue UIs, and with regard to the character of the Issuer’s performance, the Issuer determines technical and business terms and conditions of the issuance of Unique Identifiers of tobacco products in the form of indirect contract provisions within the meaning of Section 1751 of the Civil Code specified in the Issuer’s System Operating Rules (hereinafter referred to as “Operating Rules”) and in the Specification of Public API of Státní tiskárna cenin, s.p. STÁTNÍ TISKÁRNA CENIN (hereinafter referred to as “STC API Specification”), the current version of which is available on the Issuer’s website xxx.xxxxxxxxxxxxx.xx. 8. The Ordering Party confirms that it had an opportunity to become familiar with the Operating Rules and the STC API Specification prior to signing this Contract. If this Contract includes any rights or obligations of the Contracting Parties that are different from the terms and conditions included in the Operating Rules or STC API Specification, the provisions of this Contract shall be preferred. The Ordering Party acknowledges that the Issuer may amend the terms and conditions included in the Operating rules or in the STC API Specification in an adequate scope. If the Issuer makes any changes, it shall inform the Ordering Party of the change at least 3 month before the effect date of the amendment and the Ordering Party shall be entitled to reject the changes and terminate the obligations under this Contract for that reason pursuant to Article XI (2) (c) hereof. 9. This Contract only determines terms and conditions for the issuance of UIs within the meaning of Articles 8, 9, 11 and 13 of the Regulation and the related rights and obligations. 10. In addition to the Ordering Party are entitled to order UIs in the sense of Art. III, also entities - any affiliate belonging to the group of the Ordering Party, listed in written authorization of these entities, stating their full identification and scope of authorization pursuant to Article III hereof (“hereinafter called “Affiliates”). Affiliates submit an application for issuance of an UIs on behalf and at expensive of the Ordering Party. 11. The Ordering Party or Affiliates is/are entitled to order UIs after duly registration with the Issuer and while also after confirming that the Ordering Party (Affiliates) successfully completed test environments and after taking over the keys to the System production environment in accordance with the Operating Rules.

Introductory Provisions. 1. Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (hereinafter referred to as “TPD”) determines, besides others, that all unit packets of tobacco products must carry a unique identifier so that their movement is recorded. 2. On the basis of Decree of the Government of the Czech Republic No. 671 of 17 October 2018, the Government of the Czech Republic appointed STC at the issuer of the unique identifiers of tobacco products for the Czech Republic within the meaning of Article 3 of Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (hereinafter referred to as “Regulation”). 3. In the Decree referred to above, the Government of the Czech Republic also authorised the Ministry of Agriculture (hereinafter referred to as “MoA”) to supervise the performance of the activities of STC related to the issuance of unique identifiers of tobacco products; the MoA then delegated certain supervisory functions onto the Czech Agriculture and Food Inspection Authority (hereinafter referred to as “CAFIA”). 4. On the basis of the requirement of and decision adopted by the MoA, STC, as an issuer of unique identifiers of tobacco products (hereinafter referred to as “UIs”), shall issue the UIs in the “place of destination” regime within the meaning of Article 4 (1) sentence two of the Regulation. The issuer shall issue the UIs in stated regime referring to the MoA´s decision (Opinion on the application of the exception issued by MoA of 2 May 2019) from May 20th 2019. 5. As an issuer of UIs, STC is responsible for the generating and issuance of UIs in compliance with Articles 8, 9, 11 and 13 of the Regulation. 6. Referring to Articles 14-19 of the Regulation, the Issuer shall also: a) Issue and register identifier codes of economic operators; b) Issue and register identifier codes of facilities; c) Issue and register identifier codes of machines; (hereinafter jointly referred to as “Identification Codes”). 7. For the purposes of generating and issuance of UIs and Identification Codes, the Issuer operates an electronic system meeting all requirements for the issuance of UIs and Identification Codes pursuant to the Regulation (hereinafter referred to as “System”). With regard to the number of entities that will request the Issuer to issue and register Identification Codes and generate and issue UIs, and with regard to the character of the Issuer’s performance, the Issuer determines technical and business terms and conditions of the issuance of Unique Identifiers of tobacco products in the form of indirect contract provisions within the meaning of Section 1751 of the Civil Code specified in the Issuer’s System Operating Rules (hereinafter referred to as “Operating Rules”) and in the Specification of Public API of Státní tiskárna cenin, s.p. STÁTNÍ TISKÁRNA CENIN (hereinafter referred to as “STC API Specification”), the current version of which is available on the Issuer’s website xxx.xxxxxxxxxxxxx.xx. 8. The Ordering Party confirms that it had an opportunity to become familiar with the Operating Rules and the STC API Specification prior to signing this Contract. If this Contract includes any rights or obligations of the Contracting Parties that are different from the terms and conditions included in the Operating Rules or STC API Specification, the provisions of this Contract shall be preferred. The Ordering Party acknowledges that the Issuer may amend the terms and conditions included in the Operating rules or in the STC API Specification in an adequate scope. If the Issuer makes any changes, it shall inform the Ordering Party of the change at least 3 month before the effect date of the amendment and the Ordering Party shall be entitled to reject the changes and terminate the obligations under this Contract for that reason pursuant to Article XI (2) (c) hereof. 9. This Contract only determines terms and conditions for the issuance of UIs within the meaning of Articles 8, 9, 11 and 13 of the Regulation and the related rights and obligations. 10. In addition to the Ordering Party are entitled to order UIs in the sense of Art. III, also entities - any affiliate belonging to the group of the Ordering Party, listed in written authorization of these entities, stating their full identification and scope of authorization pursuant to Article III hereof (“hereinafter called “Affiliates”). Affiliates submit an application for issuance of an UIs on behalf and at expensive of the Ordering Party. 11. The Ordering Party or Affiliates is/are entitled to order UIs after duly registration with the Issuer and while also after confirming that the Ordering Party (Affiliates) successfully completed test environments and after taking over the keys to the System production environment in accordance with the Operating Rules.