Common use of Statement of the Market Operator Clause in Contracts

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party based on the amended tax documents issued by the Balance Responsible Party pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party Subject of Settlement any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party Subject of Settlement on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party Subject of Settlement in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party Subject of Settlement is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party Subject of Settlement under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party Subject of Settlement based on the amended tax documents issued by the Balance Responsible Party Subject of Settlement pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party based on the amended tax documents issued by the Balance Responsible Party pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator. a) All rights and obligations of the Parties arising from this Agreement cease to apply as of the date of expiry of the Agreement, with the exception of the rights and obligations which according to their type continue to persist the Agreement. b) The provisions pertaining to information protection, damage settlement, contractual penalties and dispute resolution remain in effect after the termination of this Agreement pursuant to the provisions of Article 6. c) The Parties hereby acknowledge that should any provision of this Agreement or its Appendices be deemed invalid in the future, then such provision shall not invalidate the other provisions of this Agreement. In such event the invalid provision of the Agreement shall be substituted with an enforceable provision, which will most closely correspond to the contents of the invalid provision. d) This Agreement can be modified and supplemented solely by attaching written Appendices numbered in a rising order and signed by authorized representatives of the Parties hereof in the same document. The other Party is obligated to provide an opinion on a draft Appendix within 20 days following its receipt. The Party which has sent the draft Appendix is bound by it for the same period. e) Legal relations between the Parties are governed by Czech law. The governing language of the Agreement is Czech. f) Legal relations between the Parties hereto are governed, aside from the provisions contained in the text of this Agreement, by the Business Terms. The Balance Responsible Party hereby acknowledges that the contents of the Business Terms are known to it. In the event any provision of this Agreement diverges from or contradicts the wording of the Business Terms, then the wording of the Agreement supersedes the wording of the Business Terms. Both Parties fully accept the integral parts of this Agreement, attached as the following Appendices: g) i. Appendix 1 – Business Terms in the electronic form (xxx.xxx-xx.xx) ii. Appendix 2 – Form for Determining Financial Security iii. Appendix 3 – Persons authorized for communication in contractual and operations matters

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party Trader any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party Subject of Settlement on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party Trader in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party Trader is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party Trader under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party Trader based on the amended tax documents issued by the Balance Responsible Party Trader pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party BEM Participant any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party BEM Participant in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party BEM Participant is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party BEM Participant under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party BEM Participant based on the amended tax documents issued by the Balance Responsible Party BEM Participant pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party Trader any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party Trader in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party Trader is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party Trader under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party Trader based on the amended tax documents issued by the Balance Responsible Party Trader pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.

Statement of the Market Operator. a) In connection with a possible decision of the tax administrator on additional tax assessment due to the erroneous value added tax declaration described above, the Market Operator hereby undertakes to discuss with the Balance Responsible Party BMR Participant any use of statutory remedial actions against this decision of the tax administrator and related proper evidence so that the Market Operator may exercise the statutory remedies, if needed, within the given time limit. b) Furthermore, the Market Operator hereby undertakes that in the event it does not exercise any statutory remedies or in the event the decision on additional tax assessment due to the erroneous value added tax declaration will not be cancelled or mitigated as a result of exercising the statutory remedial actions, the Market Operator shall amend the tax documents pursuant to the Value Added Tax Act for the supplies executed by the Market Operator under this Agreement to the Balance Responsible Party Subject of Settlement on which the tax administrator levied additional tax due to the erroneous value added tax declaration. c) In the event the tax administration authorities deem the organization unit or other representation of the Balance Responsible Party BMR Participant in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Balance Responsible Party BMR Participant is subject to additional value added tax assessment for the supplies executed by the Balance Responsible Party BMR Participant under this Agreement on Settlement of Imbalances to the Market Operator, the Market Operator hereby undertakes to refund the additionally assessed tax to the Balance Responsible Party BMR Participant based on the amended tax documents issued by the Balance Responsible Party BMR Participant pursuant to the Value Added Tax Act and delivered to the Market Operator together with documents on additional tax assessment by the tax administrator.