Temporary and Closing Provisions. 8.1 This Agreement shall be valid and effective from the date of its signature by both Parties. 8.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out. 8.3 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules. 8.4 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement. 8.5 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change. 8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement. 8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change. 8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive. 8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes. 8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period. 8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement. 8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties. 8.13 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient. 8.14 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system). 8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it. 8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly. 8.17 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be. 8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]
Appears in 2 contracts
Samples: Asset Loan Agreement, Asset Loan Agreement
Temporary and Closing Provisions. 8.1 This Agreement shall be valid and effective from the date of its signature by both Parties.
8.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 . Alternative 1 or Alternative 2 will be chosen based on tax registration status The Parties declare Customer declares that they are it is not registered as an excise tax payers payer for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). In case that the Customer becomes excise tax payer for natural gas registered in Slovakia according to the Excise Tax Act before or during the Storage Period, the Customer shall be obliged to notify the SSO thereof and deliver the copy of confirmation (certificate) of respective registration to the SSO immediately on the day of issuance of such confirmation (certificate) by the Slovak Customs Authorities. The copies SSO declares that it is registered in Slovakia as an excise taxpayer for natural gas pursuant to Article 35 of confirmations the Excise Tax Act. The copy of confirmation (certificatescertificate) on such registrations are registration is attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (3.
8.5 Commented [ZP3]: Alternative 2) calendar days after any such change.:
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change. The Customer declares that it does not have a seat, a place of business and a fixed establishment for VAT purposes in Slovakia. If the seat, place of business and/or fixed establishment of the Customer for VAT purposes is formed in Slovakia, the Customer shall be obliged to notify the SSO thereof immediately, and no later than two (2) calendar days after the formation of the seat, place of business and/or fixed establishment.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]
Appears in 1 contract
Samples: Asset Loan Agreement
Temporary and Closing Provisions. 8.1 This Agreement shall be valid and effective from the date of its signature by both Parties.
8.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 . Alternative 1 or Alternative 2 will be chosen based on tax registration status The Parties declare Customer declares that they are it is not registered as an excise tax payers payer for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). In case that the Customer becomes excise tax payer for natural gas registered in Slovakia according to the Excise Tax Act before or during the Storage Period, the Customer shall be obliged to notify the SSO thereof and deliver the copy of confirmation (certificate) of respective registration to the SSO immediately on the day of issuance of such confirmation (certificate) by the Slovak Customs Authorities. The copies SSO declares that it is registered in Slovakia as an excise taxpayer for natural gas pursuant to Article 35 of confirmations the Excise Tax Act. The copy of confirmation (certificatescertificate) on such registrations are registration is attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (3.
8.5 Komentár od [ZP3]: Alternative 2) calendar days after any such change.:
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change. The Customer declares that it does not have a seat, a place of business and a fixed establishment for VAT purposes in Slovakia. If the seat, place of business and/or fixed establishment of the Customer for VAT purposes is formed in Slovakia, the Customer shall be obliged to notify the SSO thereof immediately, and no later than two (2) calendar days after the formation of the seat, place of business and/or fixed establishment.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]
Appears in 1 contract
Samples: Asset Loan Agreement
Temporary and Closing Provisions. 8.1 7.1 This Purchase Agreement shall be becomes valid and effective from at the date of its signature moment when it is signed by both Parties.
8.2 The provisions 7.2 This Purchase Agreement becomes effective on the moment of articles assigning the Subject of Purchase to the Customer’s Storage Account pursuant to the Gas Storage Agreement – the Inverse Storage. Article VI (Confidentiality) shall continue in full force and effect for 2 (two) years from the end of the Gas Storage Agreement concluded concurrently with this Purchase Agreement, i.e. [MISSING DATA TO BE INSERTED].
7.3 Provisions of Articles of Act NoXx. 513/1991 Coll000/0000 Xxxx. Xxxxxx Commercial Code, as amended, shall apply be applied mutatis mutandis to this Purchase Agreement, unless this Purchase Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activitiesstipulates otherwise. The legal relations arising from this Purchase Agreement shall be governed by, interpreted, interpreted and executed in accordance with the laws of the Slovak Republic. The application Application of rules and regulations governing conflict of lawsquestionable norms, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 Any provision 7.4 The following Annexes are an integral part of this Purchase Agreement: Annex No. 1 - Contact Details of Parties; Annex No. 2 – Form of Parent Company Guarantee / Bank Guarantee.
7.5 The Parties may change or complement this Purchase Agreement only by written, sequentially numbered amendments to this Purchase Agreement, which have to be signed by persons authorized to act on behalf of the Parties. To change the identification data shown on the front page of this Purchase Agreement or the contact persons shown in Annex No. 1 to this Purchase Agreement, a written notice delivered to the other Party shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, sufficient.
7.6 The both Parties declare that in accordance with the current rules.
8.4 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax the Excise Duty on electricityElectricity, coal Coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, Natural Gas as amended (hereinafter referred to are registered as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on a tax payer for excise tax duty on natural gas; at the same time, including invalidationboth Parties commit to provide a proof of such registration issued by a relevant custom authority, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 35(5) of this Act, no later than 2 days after signature of EU VAT Directivethis Purchase Agreement.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 7.7 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations representations or obligations contained in this Purchase Agreement or carried out on the basis of this Purchase Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 7.8 This Purchase Agreement is executed in two original copies originals in English language, with of which each Party receiving shall receive one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. on ……… ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]
Appears in 1 contract
Samples: Gas Storage Agreement
Temporary and Closing Provisions. 8.1 This Agreement shall be valid and effective from the date of its signature by both Parties.
8.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 . The Parties declare Customer declares that they are it is not registered as an excise tax payers payer for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (
8.5 Commented [ZP2]: Alternative 1: Commented [ZP3]: Alternative 2) calendar days after any such change.:
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change. The Customer declares that it does not have a seat, a place of business and a fixed establishment for VAT purposes in Slovakia. If the seat, place of business and/or fixed establishment of the Customer for VAT purposes is formed in Slovakia, the Customer shall be obliged to notify the SSO thereof immediately, and no later than two (2) calendar days after the formation of the seat, place of business and/or fixed establishment.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]
Appears in 1 contract
Samples: Asset Loan Agreement
Temporary and Closing Provisions. 8.1 6.1 This Agreement shall be becomes valid and effective from at the date of its signature moment when it is signed by both Parties.
8.2 6.2 The provisions of articles Articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless otherwise stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 6.3 The following Annexes are integral parts of this Agreement: Annex No. 1 - Allocated Storage Capacity Specifications Annex No. 2 - Contact Details of Parties
6.4 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 6.5 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 6.6 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 6.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or 's [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 6.8 The Customer declares that it acts does not have a seat, place of business and fixed establishment for VAT purposes in capacity Slovakia. If the seat, place of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side business and/or fixed establishment of the Customer over for VAT purposes is formed in Slovakia, the Storage Period.
8.11 The Customer shall bear the loss, including the obligation be obliged to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO thereof immediately, and no later than two (2) calendar days after the formation of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis seat, place of this Agreementbusiness and/or fixed establishment.
8.12 Unless 6.9 If not stipulated otherwise in this Agreement and/or the Rules of Operation, any changes the Parties may change or additions to complement this Agreement must be made by only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 . To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes to . To change the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point Article 11.18 of the Rules of Operation shall be applied. For changes , and to change the bank account details for the purposes of this Agreement, point Article 11.15 of the Rules of Operation shall be applied. If a the written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 6.10 The Parties hereby agree that they will take all necessary steps in order to fulfil fulfill all the obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will Transparency.
6.11 The Parties hereby agree to cooperate in order to fulfil fulfill any obligations that may arise from the REMIT legislation. At the request of the Customer, the SSO shall, on behalf of the Customer, report to the Agency for the Cooperation of Energy Regulators (ACER) the amount of gas the Customer, as the market participant, has stored according to this legislation Agreement at the end of the Gas Day, as may be amended from time to time as well as any other legislation, guidance envisaged under the Article 9 (9) of the Commission Implementing Regulation (EU) No. 1348/2014 of 17 December 2014. The start of the provision of data reporting is conditional on the previously concluded agreement on provision of REMIT data reporting between the SSO and rules related to itthe Customer.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 6.12 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. on ………………………………………………… …….……………………………………………………………… Xxxxxx Xxxxxxxxxx [MISSING DATA TO BE INSERTED] General Director [MISSING DATA TO BE INSERTED] based on the Power of Attorney ........................................................ ………………………………………………………. ……………………………………………………………… .. Xxxxxxxx Xxxxx [MISSING DATA TO BE INSERTED] UGSD Director [MISSING DATA TO BE INSERTED] based on the Power of Attorney Storage Capacity Flexible Storage Capacity Flexible Storage Capacity shall be provided as Firm Storage Capacity. Storage Period From the beginning of Gas Day [MISSING DATA TO BE INSERTED] until the end of Gas Day [MISSING DATA TO BE INSERTED] Maximum Working Volume [MISSING DATA TO BE INSERTED] MWh Maximum Injection Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Injection Rate is determined by the following Injection Rate Curve: - For a Storage Account fullness between 0% and 50% (inclusive), the Injection Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 100%, the Injection Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day at 50% fullness to [MISSING DATA TO BE INSERTED] MWh/Gas Day at 100% fullness. Maximum Withdrawal Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Withdrawal Rate is determined by the following Withdrawal Rate Curve: - For a Storage Account fullness between 100% and 50% (inclusive), the Withdrawal Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 0%, the Withdrawal Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day at 50% fullness to [MISSING DATA TO BE INSERTED] MWh/Gas Day at 0% fullness. Delivery Point(s) for injection [MISSING DATA TO BE INSERTED] Delivery Point(s) for withdrawal [MISSING DATA TO BE INSERTED] Delivery Point(s) - other conditions For the avoidance of doubt, the Customer shall bear all charges imposed by the respective Austrian transmission system operator. Unit Storage Price [MISSING DATA TO BE INSERTED] EUR/MWh Storage Price [MISSING DATA TO BE INSERTED] EUR
1. The Parties appoint the following contact persons for commercial issues:
(i) The contact person(s) of NAFTA: Xxxxxx Xxxxxxx Xxxxx Xxxxxxxxx Tel: +000 0 0000 0000 Tel: +000 0 0000 0000 M: +000 000 000 000 M: +000 000 000 000 e-mail: xxxxxx.xxxxxxx@xxxxx.xx e-mail: xxxxx.xxxxxxxxx@xxxxx.xx Xxxxxx Xxxxxxx Tel: +000 0 0000 0000 M: +000 000 000 000 e-mail: xxxxxx.xxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
2. The Parties appoint the following contact persons for dispatching:
(i) The contact person(s) of NAFTA: Xxxxx Xxxxxxx Commercial Dispatching Tel: +000 0 0000 0000 M: +000 000 000 000 +000 00 000 0000 M: +000 000 000 000 e-mail: xxxxx.xxxxxxx@xxxxx.xx e-mail: xxxxxxxxxx.xxxxxxxxxxx@xxxxx.xx Xxxxxxx Xxxxxxxx Tel: +000 00 000 0000 M: +000 000 000 000 e-mail: xxxxxxx.xxxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
3. The Parties appoint the following contact persons for invoicing:
(i) The contact person(s) of NAFTA: Xxxxxxxx Xxxxxxxxxxxx Xxxxxxxxx Xxxxxxx Tel: +000 0 0000 0000 Tel: +000 0 0000 0000 M: +000 000 000 000 M: +000 000 000 000 e-mail: xxxxxxxx.xxxxxxxxxxxx@xxxxx.xx e-mail: xxxxxxxxx.xxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
Appears in 1 contract
Samples: Gas Storage Agreement
Temporary and Closing Provisions. 8.1 7.1 This Option Agreement shall be becomes valid and effective from at the date moment of its signature execution by both Parties.
8.2 7.2 The provisions Parties conclude this Option Agreement for a definite period of articles of Act No. 513/1991 Coll. Commercial Codetime in accordance with Article V, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. above.
7.3 The legal relations arising from this Option Agreement shall be governed by, interpreted, interpreted and executed in accordance with the laws of Slovak Republicthe Slovakia. The application Application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 7.4 Any provision of this Option Agreement shall be interpreted so as to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to should it be unenforceable, invalid or ineffective under these the applicable legal regulations, the remaining other provisions of this Option Agreement shall remain unaffectednot be affected. In such instancescase, the SSO and the Customer agree to Option Buyer shall under the current rules replace the unenforceable, invalid, invalid or ineffective provision with a new provision. This new another provision shall, to the greatest extent possible, reflect content and purpose of which approximates the original intention content and purpose of the replaced provisioninvalid, in accordance with the current rulesunenforceable or ineffective provision as best as possible.
8.4 7.5 The Customer following Schedule is obliged to inject into an integral part of this Option Agreement: Schedule No. 1 – the Gas Storage Facility only natural gas which shall have Agreement – the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.Inverse Storage
8.5 7.6 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricitymay change or complement this Option Agreement only by written, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached sequentially numbered amendments to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Option Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due have to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 . To change the identification data stated shown on the first front page of this Option Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to Article III of this Option Agreement, an email or a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes 7.7 The Option Buyer is obliged to provide correct and complete information to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement SSO in relation to this Option Agreement and to immediately notify the Regulation No. 1227/2011 SSO of any change concerning the European Parliament and of the Council Option Buyer or its representations or obligations contained in this Option Agreement or carried out on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order basis of this Option Agreement. Should the Option Buyer fail to fulfil these obligations, it shall be liable for any obligations that may arise from this legislation losses incurred by the SSO as may be amended from time a result, including obligation to time as well as any other legislation, guidance and rules bear the costs related to itpossible additional tax imposed by the tax administrator, including penalties.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 7.8 This Option Agreement is executed in two original copies counterparts in English language, with of which each Party receiving shall receive one original.
7.9 The content of this Option Agreement and information related thereto exchanged by the parties shall be confidential in the extent of par. / 13.5 of the Rules of Operation.
7.10 None of the Parties shall be entitled to assign the rights and obligations hereunder to third party without express written consent of the other party.
7.11 Any notifications by one Party addressed to the other Party made under this Option Agreement must be in writing and must be delivered to the other Party in writing, i.e. by letter or e-mail. If delivered by e-mail the notifications must be sent to both contact e-mails of a Party as specified in Article III hereof.
7.12 The Parties agree expressly declare that they read this Option Agreement, that it was drawn up according to sign this Agreement by DocuSign eSignaturetheir true and free will and they understand its content, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment and in connection to witness thereof the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration authorised representatives of the SSO for the payer Parties have attached their autographs. On behalf of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration NAFTA a.s.: On behalf of the Customer for the payer of excise tax on natural gas [MISSING DATA TO BE INSERTED]: Bratislava, on ............................................ ........................................... [MISSING DATA TO BE INSERTED], on.............. on ......... ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]] ............................................................... …………………………………………………………….. [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED] (hereinafter referred to as the “Agreement”)
Appears in 1 contract
Samples: Gas Storage Agreement
Temporary and Closing Provisions. 8.1 This Agreement shall be valid and effective from the date of its signature by both Parties.
8.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 The Parties declare Customer declares that they are it is not registered as an excise tax payers payer for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). In case that the Customer becomes excise tax payer for natural gas registered in Slovakia according to the Excise Tax Act before or during the Storage Period, the Customer shall be obliged to notify the SSO thereof and deliver the copy of confirmation (certificate) of respective registration to the SSO immediately on the day of issuance of such confirmation (certificate) by the Slovak Customs Authorities. The copies SSO declares that it is registered in Slovakia as an excise taxpayer for natural gas pursuant to Article 35 of confirmations the Excise Tax Act. The copy of confirmation (certificatescertificate) on such registrations are registration is attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. ………………………………………………………. ……………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]
Appears in 1 contract
Samples: Asset Loan Agreement
Temporary and Closing Provisions. 8.1 7.1 This Option Agreement shall be becomes valid and effective from at the date moment of its signature execution by both Parties.
8.2 7.2 The provisions Parties conclude this Option Agreement for a definite period of articles of Act No. 513/1991 Coll. Commercial Codetime in accordance with Article V, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. above.
7.3 The legal relations arising from this Option Agreement shall be governed by, interpreted, interpreted and executed in accordance with the laws of Slovak Republicthe Slovakia. The application Application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 7.4 Any provision of this Option Agreement shall be interpreted so as to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to should it be unenforceable, invalid or ineffective under these the applicable legal regulations, the remaining other provisions of this Option Agreement shall remain unaffectednot be affected. In such instancescase, the SSO and the Customer agree to Option Buyer shall under the current rules replace the unenforceable, invalid, invalid or ineffective provision with a new provision. This new another provision shall, to the greatest extent possible, reflect content and purpose of which approximates the original intention content and purpose of the replaced provisioninvalid, in accordance with the current rulesunenforceable or ineffective provision as best as possible.
8.4 7.5 The Customer following Schedule is obliged to inject into an integral part of this Option Agreement: Schedule No. 1 – the Gas Storage Facility only natural gas which shall have Agreement – the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.Inverse Storage
8.5 7.6 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricitymay change or complement this Option Agreement only by written, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached sequentially numbered amendments to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Option Agreement.
8.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 The Customer declares that it acts for VAT purposes in capacity of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side of the Customer over the Storage Period.
8.11 The Customer shall bear the loss, including the obligation to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due have to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis of this Agreement.
8.12 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 . To change the identification data stated shown on the first front page of this Option Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to Article III of this Option Agreement, an email or a unilateral written notice delivered to the other Party shall be sufficient.
8.14 For changes 7.7 The Option Buyer is obliged to provide correct and complete information to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement SSO in relation to this Option Agreement and to immediately notify the Regulation No. 1227/2011 SSO of any change concerning the European Parliament and of the Council Option Buyer or its representations or obligations contained in this Option Agreement or carried out on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order basis of this Option Agreement. Should the Option Buyer fail to fulfil these obligations, it shall be liable for any obligations that may arise from this legislation losses incurred by the SSO as may be amended from time a result, including obligation to time as well as any other legislation, guidance and rules bear the costs related to itpossible additional tax imposed by the tax administrator, including penalties.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 7.8 This Option Agreement is executed in two original copies counterparts in English language, with of which each Party receiving shall receive one original.
7.9 The content of this Option Agreement and information related thereto exchanged by the parties shall be confidential in the extent of par. / 13.5 of the Rules of Operation.
7.10 None of the Parties shall be entitled to assign the rights and obligations hereunder to third party without express written consent of the other party.
7.11 Any notifications by one Party addressed to the other Party made under this Option Agreement must be in writing and must be delivered to the other Party in writing, i.e. by letter or e-mail. If delivered by e-mail the notifications must be sent to both contact e-mails of a Party as specified in Article III hereof.
7.12 The Parties agree expressly declare that they read this Option Agreement, that it was drawn up according to sign this Agreement by DocuSign eSignaturetheir true and free will and they understand its content, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment and in connection to witness thereof the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration authorised representatives of the SSO for the payer Parties have attached their autographs. On behalf of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration NAFTA a.s.: On behalf of the Customer for the payer of excise tax on natural gas [MISSING DATA TO BE INSERTED]: Bratislava, on ............................................ on…………………………………….. [MISSING DATA TO BE INSERTED], on.............. ……………. ………………………………………………………. …… …………………………………………………………………… [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED]] …………………………………………………………… …………………………………………………………………. [MISSING DATA TO BE INSERTED] [MISSING DATA TO BE INSERTED] (hereinafter referred to as the “Agreement”)
Appears in 1 contract
Samples: Gas Storage Agreement
Temporary and Closing Provisions. 8.1 6.1 This Agreement shall be valid and effective from the date of its signature by both Parties.
8.2 6.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 6.3 The following Annexes are integral parts of this Agreement: Annex No. 1 - Allocated Storage Capacity Specifications Annex No. 2 - Contact Details of Parties
6.4 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 6.5 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 6.6 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 6.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 6.8 The Customer declares that it acts does not have a seat, a place of business and a fixed establishment for VAT purposes in capacity Slovakia. If the seat, place of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side business and/or fixed establishment of the Customer over for VAT purposes is formed in Slovakia, the Storage Period.
8.11 The Customer shall bear the loss, including the obligation be obliged to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO thereof immediately, and no later than two (2) calendar days after the formation of any change concerning the Customer or its declarations or obligations contained in this Agreement or carried out on the basis seat, place of this Agreementbusiness and/or fixed establishment.
8.12 6.9 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 6.10 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 6.11 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 6.12 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 6.13 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. on ………………………………………………… …….……………………………………………………………… Xxxxxx Xxxxxxxxxx [MISSING DATA TO BE INSERTED] General Director [MISSING DATA TO BE INSERTED] based on the Power of Attorney ........................................................ ………………………………………………………. ……………………………………………………………… .. Xxxxxxxx Xxxxx [MISSING DATA TO BE INSERTED] UGSD Director [MISSING DATA TO BE INSERTED] based on the Power of Attorney Storage Capacity Flexible Storage Capacity Flexible Storage Capacity shall be provided as Firm Storage Capacity. Maximum Working Volume [MISSING DATA TO BE INSERTED] MWh Maximum Injection Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Injection Rate is determined by the following Injection Rate Curve: - For a Storage Account fullness between 0% and 50% (inclusive), the Injection Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 100%, the Injection Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day at 50% fullness to [MISSING DATA TO BE INSERTED] MWh/Gas Day at 100% fullness. Maximum Withdrawal Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Withdrawal Rate is determined by the following Withdrawal Rate Curve: - For a Storage Account fullness between 100% and 50% (inclusive), the Withdrawal Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 0%, the Withdrawal Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day at 50% fullness to [MISSING DATA TO BE INSERTED] MWh/Gas Day at 0% fullness. Storage Period From the beginning of Gas Day [MISSING DATA TO BE INSERTED] until the end of Gas Day [MISSING DATA TO BE INSERTED] Delivery Point(s) for injection [MISSING DATA TO BE INSERTED] Delivery Point(s) for withdrawal [MISSING DATA TO BE INSERTED] Delivery Point(s) - other conditions For the avoidance of doubt, the Customer shall bear all charges imposed by the respective Austrian transmission system operator. Unit Storage Price [MISSING DATA TO BE INSERTED] EUR/MWh Storage Price [MISSING DATA TO BE INSERTED] EUR
1. The Parties appoint the following contact persons for commercial issues:
(i) The contact person(s) of NAFTA: Xxxxxx Xxxxxxx Xxxxx Xxxxxxxxx Tel: +000 0 0000 0000 Tel: +000 0 0000 0000 M: +000 000 000 000 M: +000 000 000 000 e-mail: xxxxxx.xxxxxxx@xxxxx.xx e-mail: xxxxx.xxxxxxxxx@xxxxx.xx Xxxxxx Xxxxxxx Tel: +000 0 0000 0000 M: +000 000 000 000 e-mail: xxxxxx.xxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
2. The Parties appoint the following contact persons for dispatching:
(i) The contact person(s) of NAFTA: Xxxxx Xxxxxxx Commercial Dispatching Tel: +000 0 0000 0000 M: +000 000 000 000 +000 00 000 0000 M: +000 000 000 000 e-mail: xxxxx.xxxxxxx@xxxxx.xx e-mail: xxxxxxxxxx.xxxxxxxxxxx@xxxxx.xx Xxxxxxx Xxxxxxxx Tel: +000 00 000 0000 M: +000 000 000 000 e-mail: xxxxxxx.xxxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
3. The Parties appoint the following contact persons for invoicing:
(i) The contact person(s) of NAFTA: Xxxxxxxx Xxxxxxxxxxxx Xxxxxxxxx Xxxxxxx Tel: +000 0 0000 0000 Tel: +000 0 0000 0000 M: +000 000 000 000 M: +000 000 000 000 e-mail: xxxxxxxx.xxxxxxxxxxxx@xxxxx.xx e-mail: xxxxxxxxx.xxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
Appears in 1 contract
Samples: Gas Storage Agreement
Temporary and Closing Provisions. 8.1 6.1 This Agreement shall be valid and effective from the date of its signature by both Parties.
8.2 6.2 The provisions of articles of Act No. 513/1991 Coll. Commercial Code, as amended, shall apply to this Agreement unless stated otherwise herein or if the relevant provisions are not applicable to this Agreement due to the specifics of gas storage activities. The legal relations arising from this Agreement shall be governed by, interpreted, and executed in accordance with the laws of Slovak Republic. The application of rules and regulations governing conflict of laws, referring to the applicability of laws other than Slovak law, shall be ruled out.
8.3 6.3 The following Annexes are integral parts of this Agreement: Annex No. 1 - Allocated Storage Capacity Specifications Annex No. 2 - Allocated Storage Capacity Specifications Annex No. 3 - Contact Details of Parties
6.4 Any provision of this Agreement shall be interpreted to be valid and effective pursuant to the applicable legal regulations. However, if any provision is found to be unenforceable, invalid or ineffective under these regulations, the remaining provisions of this Agreement shall remain unaffected. In such instances, the SSO and the Customer agree to replace the unenforceable, invalid, or ineffective provision with a new provision. This new provision shall, to the greatest extent possible, reflect the original intention and purpose of the replaced provision, in accordance with the current rules.
8.4 6.5 The Customer is obliged to inject into the Storage Facility only natural gas which shall have the customs status of “Union goods” and hereby confirms that it shall comply with this requirement.
8.5 6.6 The Parties declare that they are registered as an excise tax payers for natural gas pursuant to Article 35 of Act No. 609/2007 Coll. on excise tax on electricity, coal and natural gas and the amendment to Act No. 98/2004 Coll. on excise tax on mineral oil, as amended (hereinafter referred to as the “Excise Tax Act”). The copies of confirmations (certificates) on such registrations are attached to this Agreement as Annex No. 3 and Annex No. 4. Should there be any change to the Party’s Slovak registration on excise tax on natural gas, including invalidation, cancellation or change, the respective Party is obliged to notify the other Party immediately, and no later than two (2) calendar days after any such change.
8.6 The Parties hereby declare that they are taxable persons acting in capacity of a taxable person when fulfilling their obligations stipulated by this Agreement.
8.7 6.7 The Customer declares that it is registered for VAT purposes as a VAT payer according to the legislation of [MISSING DATA TO BE INSERTED] and for the purposes of this Agreement and for VAT purposes the Customer acts (i.e. the Customer will receive or perform supplies under this Agreement) as a [MISSING DATA TO BE INSERTED] VAT payer with seat or fixed establishment in [MISSING DATA TO BE INSERTED] upon [MISSING DATA TO BE INSERTED] VAT number stated on the first page of this Agreement. Should there be any change to the Customer’s declaration above and/or [MISSING DATA TO BE INSERTED] VAT registration, including invalidation, cancellation, or change, the Customer is obliged to notify the SSO immediately, and no later than two (2) calendar days after any such change.
8.8 6.8 The Customer declares that it acts does not have a seat, a place of business and a fixed establishment for VAT purposes in capacity Slovakia. If the seat, place of a taxable dealer in accordance with Article 38 para. 2 of EU VAT Directive.
8.9 The Customer declares that the natural gas borrowed from the SSO shall not be used for Customer’s own consumption, but for the trading purposes.
8.10 The Customer declares that the natural gas borrowed from the SSO shall not be depreciated for tax purposes on the side business and/or fixed establishment of the Customer over for VAT purposes is formed in Slovakia, the Storage Period.
8.11 The Customer shall bear the loss, including the obligation be obliged to bear the costs related to the tax administrator potentially assessing additional tax, including sanctions, which the SSO has incurred due to the Customer having provided incorrect or incomplete information or where the Customer has failed to immediately notify the SSO thereof immediately, and no later than two (2) calendar days after the formation of any change concerning the seat, place of business and/or fixed establishment. (Non applicable for the Customer that does have a seat, a place of business or its declarations or obligations contained a fixed establishment for VAT purposes in Slovakia. In case of such Customer, this Agreement or carried out on the basis of this Agreementpoint shall be deleted.)
8.12 6.9 Unless stipulated otherwise in this Agreement and/or the Rules of Operation, any changes or additions to this Agreement must be made only through written amendments, which must be signed by the persons authorized to act on behalf of the Parties.
8.13 6.10 To change the identification data stated on the first page of this Agreement (except for the bank account details) or the contact persons shown in Annex No. 2 3 to this Agreement, a unilateral written notice delivered to the other Party shall be sufficient.
8.14 6.11 For changes to the e-mail addresses for receiving and/or sending invoices for the purposes of this Agreement, point 11.18 of the Rules of Operation shall be applied. For changes to the bank account details for the purposes of this Agreement, point 11.15 of the Rules of Operation shall be applied. If a written notice according to this Section section of this Agreement is sent via e-mail, it must originate from any e-mail address of one Party specified in Annex No. 2 3 to this Agreement and be sent to the e-mail address(es) of the other Party’s contact person(s) for invoicing specified in Annex No. 2 3 to this Agreement. Additionally, at least one of the other Party’s contact persons for commercial issues specified in Annex No. 2 3 to this Agreement must be copied on the e-mail. In addition, the respective written notice regarding the change of bank account details shall be signed by electronic signature (using DocuSign system or a similar electronic signature system).
8.15 6.12 The Parties hereby agree that they will take all necessary steps in order to fulfil all obligations arising from this Agreement in relation to the Regulation No. 1227/2011 of the European Parliament and of the Council on the Wholesale Energy Market Integrity and Transparency and that they will cooperate in order to fulfil any obligations that may arise from this legislation as may be amended from time to time as well as any other legislation, guidance and rules related to it.
8.16 The Parties hereby declare that they have read this Agreement, they understand its provisions which represent their true intentions and they have not concluded it in distress nor under any other disadvantageous conditions and as a proof of its approval they are signing it willingly.
8.17 6.13 This Agreement is executed in two original copies in English language, with each Party receiving one original. / The Parties agree to sign this Agreement by DocuSign eSignature, which shall be considered as conclusive evidence of their intention to be bound by this Agreement as a manuscript signature would be.
8.18 The following Annexes are integral parts of this Agreement: Annex No. 1 - Specific VAT treatment in connection to the Inverse Storage Loan Annex No. 2 - Contact Details of Parties Annex No. 3 - Certificate on Slovak registration of the SSO for the payer of excise tax on natural gas Annex No. 4 - Certificate on Slovak registration of the Customer for the payer of excise tax on natural gas Bratislava, on ............................................ [MISSING DATA TO BE INSERTED], on.............. on ………………………………………………… …….……………………………………………………………… Xxxxxx Xxxxxxxxxx [MISSING DATA TO BE INSERTED] General Director [MISSING DATA TO BE INSERTED] based on the Power of Attorney ........................................................ ………………………………………………………. ……………………………………………………………… .. Xxxxxxxx Xxxxx [MISSING DATA TO BE INSERTED] UGSD Director [MISSING DATA TO BE INSERTED] based on the Power of Attorney Storage Capacity Flexible Storage Capacity Flexible Storage Capacity shall be provided as Firm Storage Capacity. Maximum Working Volume [MISSING DATA TO BE INSERTED] MWh Maximum Injection Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Injection Rate is determined by the following Injection Rate Curve: - For a Storage Account fullness between 0% and 50% (inclusive) of the Maximum Working Volume, the Injection Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 100% of the Maximum Working Volume, the Injection Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day to [MISSING DATA TO BE INSERTED] MWh/Gas Day. Maximum Withdrawal Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Withdrawal Rate is determined by the following Withdrawal Rate Curve: - For a Storage Account fullness between 100% and 50% (inclusive) of the Maximum Working Volume, the Withdrawal Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 0% of the Maximum Working Volume, the Withdrawal Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day to [MISSING DATA TO BE INSERTED] MWh/Gas Day. Storage Period From the beginning of Gas Day [MISSING DATA TO BE INSERTED] until the end of Gas Day [MISSING DATA TO BE INSERTED] Delivery Point(s) for injection [MISSING DATA TO BE INSERTED] Delivery Point(s) for withdrawal [MISSING DATA TO BE INSERTED] Unit Storage Price [MISSING DATA TO BE INSERTED] EUR/MWh Storage Price [MISSING DATA TO BE INSERTED] EUR Storage Capacity Flexible Storage Capacity Flexible Storage Capacity shall be provided as Firm Storage Capacity. Maximum Working Volume [MISSING DATA TO BE INSERTED] MWh Maximum Injection Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Injection Rate is determined by the following Injection Rate Curve: - For a Storage Account fullness between 0% and 50% (inclusive) of the Maximum Working Volume, the Injection Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 100% of the Maximum Working Volume, the Injection Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day to [MISSING DATA TO BE INSERTED] MWh/Gas Day. Maximum Withdrawal Rate [MISSING DATA TO BE INSERTED] MWh/Gas Day The Withdrawal Rate is determined by the following Withdrawal Rate Curve: - For a Storage Account fullness between 100% and 50% (inclusive) of the Maximum Working Volume, the Withdrawal Rate is a flat [MISSING DATA TO BE INSERTED] MWh/Gas Day. - For a Storage Account fullness between 50% and 0% of the Maximum Working Volume, the Withdrawal Rate shall decline linearly from [MISSING DATA TO BE INSERTED] MWh/Gas Day to [MISSING DATA TO BE INSERTED] MWh/Gas Day. Storage Period From the beginning of Gas Day [MISSING DATA TO BE INSERTED] until the end of Gas Day [MISSING DATA TO BE INSERTED] Delivery Point(s) for injection [MISSING DATA TO BE INSERTED] Delivery Point(s) for withdrawal [MISSING DATA TO BE INSERTED] Unit Storage Price [MISSING DATA TO BE INSERTED] EUR/MWh Storage Price [MISSING DATA TO BE INSERTED] EUR
1. The Parties appoint the following contact persons for commercial issues:
(i) The contact person(s) of NAFTA: Xxxxxx Xxxxxxx Xxxxx Xxxxxxxxx Tel: +000 0 0000 0000 Tel: +000 0 0000 0000 M: +000 000 000 000 M: +000 000 000 000 e-mail: xxxxxx.xxxxxxx@xxxxx.xx e-mail: xxxxx.xxxxxxxxx@xxxxx.xx Xxxxxx Xxxxxxx Tel: +000 0 0000 0000 M: +000 000 000 000 e-mail: xxxxxx.xxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
2. The Parties appoint the following contact persons for dispatching:
(i) The contact person(s) of NAFTA: Xxxxx Xxxxxxx Commercial Dispatching Tel: +000 0 0000 0000 M: +000 000 000 000 +000 00 000 0000 M: +000 000 000 000 e-mail: xxxxx.xxxxxxx@xxxxx.xx e-mail: xxxxxxxxxx.xxxxxxxxxxx@xxxxx.xx Xxxxxxx Xxxxxxxx Tel: +000 00 000 0000 M: +000 000 000 000 e-mail: xxxxxxx.xxxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
3. The Parties appoint the following contact persons for invoicing:
(i) The contact person(s) of NAFTA: Xxxxxxxx Xxxxxxxxxxxx Xxxxxxxxx Xxxxxxx Tel: +000 0 0000 0000 Tel: +000 0 0000 0000 M: +000 000 000 000 M: +000 000 000 000 e-mail: xxxxxxxx.xxxxxxxxxxxx@xxxxx.xx e-mail: xxxxxxxxx.xxxxxxx@xxxxx.xx
(ii) The contact person(s) of [MISSING DATA TO BE INSERTED]:
Appears in 1 contract
Samples: Gas Storage Agreement
