Common use of Rights and Obligations of the Contracting Parties Clause in Contracts

Rights and Obligations of the Contracting Parties. 2.1. The Customer shall not be obliged to consume exactly the expected amount of Electricity specified in the Bid (or otherwise determined in compliance with the Conditions). In the event the Customer consumes high voltage (hereinafter referred to as the “HV”) or very high voltage (hereinafter referred to as the “VHV”) Electricity at a specific supply point in an amount that does not deviate from the expected consumption relating to the supply point and the calendar month in question by more than 10% (hereinafter referred to as the “Tolerance”), this fact shall not affect the agreed unit price paid for the supply of Electricity to such supply point in the given month and shall not be subject to any charge or sanction payment by the Supplier. 2.2. However, if the Customer exceeds such Tolerance in connection with an HV or VHV supply point in any calendar month, and unless hereinafter specified otherwise, the following provisions shall apply: a) In the event the Customer consumes more Electricity at the given supply point compared to the expected consumption while also exceeding the Tolerance, the Supplier shall supply such Electricity to the supply point, to the extent exceeding the Tolerance, at the average spot price prevailing on the Daily Electricity Market organised by OTE, a.s. (hereinafter referred to as the “OTE Daily Market”) achieved in the calendar month, in which the Tolerance was exceeded (e.g. in case the expected Electricity consumption for a supply point amounts to 100 MWh in June 2022, but the actual consumption during the month amounts to 120 MWh, the Customer shall pay to the Supplier the agreed price for 110 MWh and the remaining 10 MWh shall be paid at the average spot price achieved in June 2022). b) In the event the Customer consumes less Electricity at the given supply point compared to the expected consumption while also exceeding the Tolerance, the Customer shall pay compensation to the Supplier in CZK for such unconsumed Electricity, to be determined as the product of: (i) The amount of Electricity not consumed in excess of the Tolerance in MWh; and (ii) Positive difference between the agreed unit price of Electricity in CZK/MWh valid for the calendar month, in which the Tolerance was exceeded, and the average spot price of Electricity on the OTE Daily Market in CZK/MWh, achieved in the same month;

Rights and Obligations of the Contracting Parties. 2.1. The Customer shall not be obliged to consume exactly the expected amount of Electricity Gas specified in the Bid (or otherwise determined in compliance with the Conditions). In the event the Customer consumes high voltage Gas at a specific supply point of the large consumption category (hereinafter referred to as the “HVLC”) or very high voltage (hereinafter referred to as in the “VHV”) Electricity at a specific supply point in an amount that does not deviate from the expected consumption relating to the supply point and the calendar month in question by more than 10% (hereinafter referred to as the “Tolerance”), this fact shall not affect the agreed unit price paid for the supply of Electricity Gas to such supply point in the given month and shall not be subject to any charge or sanction payment by the Supplier. 2.2. However, if the Customer exceeds such Tolerance in connection with an HV or VHV LC supply point in any calendar month, and unless hereinafter specified otherwise, the following provisions shall apply:. a) In the event the Customer consumes more Electricity Gas at the given supply point compared to the expected consumption while also exceeding the Tolerance, the Supplier shall supply such Electricity Gas to the supply point, to the extent exceeding the Tolerance, at the average spot price prevailing on the Daily Electricity Intraday Gas Market organised by OTE, a.s. (hereinafter referred to as the “OTE Daily Intraday Market”) achieved in the calendar month, in which the Tolerance was exceeded (e.g. in case the expected Electricity Gas consumption for a supply point amounts to 100 200 MWh in June May 2022, but the actual consumption during the month amounts to 120 MWh, the Customer shall pay to the Supplier the agreed price for 110 MWh and the remaining 10 MWh shall be paid at the average spot price achieved in June 2022).actual b) In the event the Customer consumes less Electricity Gas at the given supply point compared to the expected consumption while also exceeding the Tolerance, the Customer shall pay compensation to the Supplier in CZK for such unconsumed ElectricityGas, to be determined as the product of: (i) The amount of Electricity not consumed in excess of the Tolerance in MWh; and (ii) Positive difference between the agreed unit price of Electricity Gas in CZK/MWh valid for the calendar month, in which the Tolerance was exceeded, and the average spot price of Electricity Gas on the OTE Daily Intraday Market in CZK/MWh, achieved in the same month;