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. If the Customer consumes Electricity in the amount that does not deviate from the consumption expected in the Bid by more than 15% (hereinafter referred to as the “Tolerance”), this fact shall not affect the agreed unit price and shall not be subject to any charge or sanction payment by the Supplier. 2.2. In the event that the Customer consumes less Electricity than the expected consumption and, simultaneously, exceeds the Tolerance, the Customer shall pay the Supplier the necessarily and reasonably incurred cost that the Supplier would not have incurred in the event of consumption within the Tolerance (particularly reasonable cost and damage associated with selling excess Electricity). 2.3. In the event that the Customer consumes more Electricity than the expected consumption and, simultaneously, exceeds the Tolerance, the Supplier shall supply Electricity to the Customer to the extent exceeding the Tolerance for the current spot price reached on the spot market of OTE, a.s. (hereinafter referred to as the “Spot Price”). The current spot price, for each day on which the Tolerance was exceeded, means a price achieved on such a day on the spot market of OTE, a.s. The Supplier may add to the Spot Price a surcharge up to 15% of the Spot Price. This surcharge shall cover any and all cost reasonably associated with the purchase of Electricity for additional consumption, and the Supplier may not charge the Customer any other additional cost incurred for this purpose. In the Bid, the Customer may stipulate rules different from the provisions of paragraphs 2.1. through 2.

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. If the Customer consumes Electricity Gas in the amount that does not deviate from the consumption expected in the Bid by more than 15% (hereinafter referred to as the “Tolerance”), this fact shall not affect the agreed unit price and shall not be subject to any charge or sanction payment by the Supplier. 2.2. In the event that the Customer consumes less Electricity Gas than the expected consumption and, simultaneously, exceeds the Tolerance, the Customer shall pay the Supplier the necessarily and reasonably incurred cost that the Supplier would not have incurred in the event of consumption within the Tolerance (particularly reasonable cost and damage associated with selling excess ElectricityGas). 2.3. In the event that the Customer consumes more Electricity Gas than the expected consumption and, simultaneously, exceeds the Tolerance, the Supplier shall supply Electricity Gas to the Customer to the extent exceeding the Tolerance for the current reference spot price reached published on the spot market of OTE, a.s. PXE (hereinafter referred to as the “Spot Price”). The current reference spot price, for each day on which the Tolerance was exceeded, means a reference spot price achieved published on such a day on the spot market of OTE, a.sPXE. The Supplier may add to the Spot Price a surcharge up to 15% of the Spot Price. This surcharge shall cover any and all cost reasonably associated with the purchase of Electricity Gas for additional consumption, and the Supplier may not charge the Customer any other additional cost incurred for this purpose. In the Bid, the Customer may stipulate rules different from the provisions of paragraphs 2.1. through 2.the