Trade Data Reporting. a) The Market Operator undertakes to provide the Balance Responsible Party with the service of trade data reporting (hereinafter the “Service”). This Service comprises reporting of trade data on behalf and on the account of the Balance Responsible Party to the Agency, detailing transactions executed on the short- term gas market organized by the Market Operator, including matched and unmatched orders to trade, under the terms of this Agreement, Business Terms as amended and effective, REMIT and the REMIT Implementing Act (hereinafter “trade data reporting”). The Balance Responsible Party hereby expressly agrees with reporting of trade data and data about the Balance Responsible Party to the Agency. b) This Service also includes a provision of records from the register of trade data on the gas market organized by the Market Operator to the Balance Responsible Party, including matched and unmatched orders to trade under the terms of this Agreement, Business Terms, REMIT and the REMIT Implementing Act (hereinafter “registration and provision of trade data from CS OTE”). c) The Balance Responsible Party undertakes to pay the Market Operator for the Service the price determined in accordance with this Agreement and the Business Terms. If the price is not stipulated by ERO’s Price Decision, the Market Operator is entitled to adjust the price charged for the Service up to once a year. The Market Operator shall notify the Balance Responsible Party about the price adjustment three months in advance. If the Trade does not agree with the adjusted price, the Balance Responsible Party has the right to terminate the Service. If the Balance Responsible Party does not terminate the Service within one month from the date of notification of the price adjustment, the Balance Responsible Party is deemed to agree with the price adjustment. d) The scope of Service does not include reporting of any trade data related to transactions executed outside the market organized by the Market Operator. e) Either of the Contracting Parties is authorised to terminate the Service. The period of notice is one month and it commences on the first day of the month following the delivery of written notice to the other Contracting Party. This shall be without prejudice to the obligation of the Market Operator to offer the Balance Responsible Party the conclusion of a Trade Data Reporting Agreement pursuant Article 6 the REMIT Implementing Act. f) The Balance Responsible Party is obligated to verify the completeness, accuracy and timeliness of trade data on the regular and continuous basis, using a method enabling remote access under the conditions set out in the Business Terms. g) The Balance Responsible Party undertakes to duly and timely provide the Market Operator all necessary data to the extent specified in the REMIT Implementing Act, which are necessary for ensuring the proper and timely Service by the Market Operator. The Balance Responsible Party is responsible for the completeness and accuracy of the data provided to the Market Operator. h) The Balance Responsible Party shall notify the Market Operator in writing without undue delay about any changes of the data provided to the Market Operator under the terms of this Agreement. i) The liability of the Market Operator and the Balance Responsible Party for accuracy and completeness of trade data and accurate and timely reporting of trade data is specified in this Agreement, the Business Terms and the REMIT Implementing Act. j) The Market Operator is not liable for any damage suffered by the Balance Responsible Party or third parties as a result of provision incorrect or incomplete data in fulfilling the trade data reporting obligation on behalf of the Balance Responsible Party under this Agreement if the Balance Responsible Party has provided the Market Operator with incorrect or incomplete data, or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party failed to verify the reported data as required under this Agreement. k) If a third person claims damage compensation from the Market Operator or imposes a sanction due to the provision of incorrect or incomplete data in fulfilling the trade data reporting obligation on behalf of the Balance Responsible Party pursuant this Article of this Agreement, the Balance Responsible Party shall immediately relieve the Market Operator of such claim if the Balance Responsible Party has provided the Market Operator with incorrect or incomplete data or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party failed to verify the reported data as required under this Agreement. If the Market Operator settles any such claim defined in the first sentence of this paragraph of this Article of this Agreement, the Balance Responsible Party shall compensate the Market Operator for the damage, including expenses incurred in the Market Operator’s defence, if the Balance Responsible Party has provided the Market Operator with incorrect or incomplete data, or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party failed to verify the reported data as required under this Agreement. In such case, the Balance Responsible Party shall ensure compliance with the obligation to report trade data by itself or via another reporting entity different from the Market Operator. l) The Market Operator has the right to rescind the Service by delivering of written notice to the Balance Responsible Party if the Balance Responsible Party is overdue with payment of Service or the Balance Responsible Party fails to provide the correct or complete data pursuant to Article 1 of this Agreement or fails to timely notify the Market Operator about any change of the data under the provisions of this Agreement. m) The provision in the Article 16, letter a) of this Agreement shall cease to be effective on the date on which the Market Operator lost the right to access to the system of Agency. The rights and obligations under the Article 16, letter a) of this Agreement shall cease to apply. In such case, the Market Operator shall continue a registration and provision of trade data from CS OTE under Article 16, letter b) of this Agreement.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Trade Data Reporting. a) The Market Operator undertakes to provide the Balance Responsible Party Trader with the service of trade data reporting (hereinafter the ““ Service”). This Service comprises reporting of trade data on behalf and on the account of the Balance Responsible Party Trader to the Agency, detailing transactions executed on the short- short-term gas electricity market organized by the Market Operator, including matched and unmatched orders to trade, under the terms of this Agreement, Business Terms as amended and effective, REMIT and the REMIT Implementing Act (hereinafter ““ trade data reporting”). The Balance Responsible Party Trader hereby expressly agrees with reporting of trade data and data about the Balance Responsible Party Trader to the Agency.
b) This Service also includes a provision of records from the register of trade data on the gas on the electricity market organized by the Market Operator to the Balance Responsible PartyTrader, including matched and unmatched orders to trade under the terms of this Agreement, Business Terms, REMIT and the REMIT Implementing Act (hereinafter “registration and provision of trade data from CS OTE”).
c) The Balance Responsible Party Trader undertakes to pay the Market Operator for the Service the price determined in accordance with this Agreement and the Business Terms. If the price is not stipulated by ERO’s Price Decision, the Market Operator is entitled to adjust the price charged for the Service up to once a year. The Market Operator shall notify the Balance Responsible Party Trader about the price adjustment three months in advance. If the Trade does not agree with the adjusted price, the Balance Responsible Party Trader has the right to terminate the Service. If the Balance Responsible Party Trader does not terminate the Service within one month from the date of notification of the price adjustment, the Balance Responsible Party Trader is deemed to agree with the price adjustment.
d) The scope of Service does not include reporting of any trade data related to transactions executed outside the market organized by the Market Operator.
e) Either of the Contracting Parties is authorised to terminate the Service. The period of notice is one month and it commences on the first day of the month following the delivery of written notice to the other Contracting Party. This shall be without prejudice to the obligation of the Market Operator to offer the Balance Responsible Party Trader the conclusion of a Trade Data Reporting Agreement pursuant Article 6 the REMIT Implementing Act.
f) The Balance Responsible Party Trader is obligated to verify the completeness, accuracy and timeliness of trade data on the regular and continuous basis, using a method enabling remote access under the conditions set out in the Business Terms.
g) The Balance Responsible Party Trader undertakes to duly and timely provide the Market Operator all necessary data to the extent specified in the REMIT Implementing Act, which are necessary for ensuring the proper and timely Service by the Market Operator. The Balance Responsible Party Trader is responsible for the completeness and accuracy of the data provided to the Market Operator.
h) The Balance Responsible Party Trader shall notify the Market Operator in writing without undue delay about any changes of the data provided to the Market Operator under the terms of this Agreement.
i) The liability of the Market Operator and the Balance Responsible Party Trader for accuracy and completeness of trade data and accurate and timely reporting of trade data is specified in this Agreement, the Business Terms and the REMIT Implementing Act.
j) The Market Operator is not liable for any damage suffered by the Balance Responsible Party Trader or third parties as a result of provision incorrect or incomplete data in fulfilling the trade data reporting obligation on behalf of the Balance Responsible Party Trader under this Agreement if the Balance Responsible Party Trader has provided the Market Operator with incorrect or incomplete data, or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party Trader failed to verify the reported data as required under this Agreement.
k) If a third person claims damage compensation from the Market Operator or imposes a sanction due to the provision of incorrect or incomplete data in fulfilling the trade data reporting obligation on behalf of the Balance Responsible Party Trader pursuant to this Article of this Agreement, the Balance Responsible Party Trader shall immediately relieve the Market Operator of such claim if the Balance Responsible Party Trader has provided the Market Operator with incorrect or incomplete data or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party Trader failed to verify the reported data as required under this Agreement. If the Market Operator settles any such claim defined in the first sentence of this paragraph of this Article of this Agreement, the Balance Responsible Party Trader shall compensate the Market Operator for the damage, including expenses incurred in the Market Operator’s defence, if the Balance Responsible Party Trader has provided the Market Operator with incorrect or incomplete data, or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party Trader failed to verify the reported data as required under this Agreement. In such case, the Balance Responsible Party Trader shall ensure compliance with the obligation to report trade data by itself or via another reporting entity different from the Market Operator.
l) The Market Operator has the right to rescind the Service by delivering of written notice to the Balance Responsible Party Trader if the Balance Responsible Party Trader is overdue with payment of Service or the Balance Responsible Party Trader fails to provide the correct or complete data pursuant to Article 1 of this Agreement or fails to timely notify the Market Operator about any change of the data under the provisions of this Agreement.
m) The provision in the Article 16, letter a) of this Agreement shall cease to be effective on the date on which the Market Operator lost the right to access to the system of Agency. The rights and obligations under the Article 16, letter a) of this Article, of this Agreement shall cease to apply. In such case, the Market Operator shall continue a registration and provision of trade data from CS OTE under Article 16, letter b) of this Article, of this Agreement.
Appears in 2 contracts
Samples: Access Agreement, Access Agreement
Trade Data Reporting. a) The Market Operator undertakes to provide the Balance Responsible Party with the service of trade data reporting (hereinafter the “Service”). This Service comprises reporting of trade data on behalf and on the account of the Balance Responsible Party to the Agency, detailing transactions executed on the short- short-term gas market organized by the Market Operator, including matched and unmatched orders to trade, under the terms of this Agreement, Business Terms as amended and effective, REMIT and the REMIT Implementing Act (hereinafter “trade data reporting”). The Balance Responsible Party hereby expressly agrees with reporting of trade data and data about the Balance Responsible Party to the Agency.
b) This Service also includes a provision of records from the register of trade data on the gas market organized by the Market Operator to the Balance Responsible Party, including matched and unmatched orders to trade under the terms of this Agreement, Business Terms, REMIT and the REMIT Implementing Act (hereinafter “registration and provision of trade data from CS OTE”).
c) The Balance Responsible Party undertakes to pay the Market Operator for the Service the price determined in accordance with this Agreement and the Business Terms. If the price is not stipulated by ERO’s Price Decision, the Market Operator is entitled to adjust the price charged for the Service up to once a year. The Market Operator shall notify the Balance Responsible Party about the price adjustment three months in advance. If the Trade does not agree with the adjusted price, the Balance Responsible Party has the right to terminate the Service. If the Balance Responsible Party does not terminate the Service within one month from the date of notification of the price adjustment, the Balance Responsible Party is deemed to agree with the price adjustment.
d) The scope of Service does not include reporting of any trade data related to transactions executed outside the market organized by the Market Operator.
e) Either of the Contracting Parties is authorised to terminate the Service. The period of notice is one month and it commences on the first day of the month following the delivery of written notice to the other Contracting Party. This shall be without prejudice to the obligation of the Market Operator to offer the Balance Responsible Party the conclusion of a Trade Data Reporting Agreement pursuant Article 6 the REMIT Implementing Act.
f) The Balance Responsible Party is obligated to verify the completeness, accuracy and timeliness of trade data on the regular and continuous basis, using a method enabling remote access under the conditions set out in the Business Terms.
g) The Balance Responsible Party undertakes to duly and timely provide the Market Operator all necessary data to the extent specified in the REMIT Implementing Act, which are necessary for ensuring the proper and timely Service by the Market Operator. The Balance Responsible Party is responsible for the completeness and accuracy of the data provided to the Market Operator.
h) The Balance Responsible Party shall notify the Market Operator in writing without undue delay about any changes of the data provided to the Market Operator under the terms of this Agreement.
i) The liability of the Market Operator and the Balance Responsible Party for accuracy and completeness of trade data and accurate and timely reporting of trade data is specified in this Agreement, the Business Terms and the REMIT Implementing Act.
j) The Market Operator is not liable for any damage suffered by the Balance Responsible Party or third parties as a result of provision incorrect or incomplete data in fulfilling the trade data reporting obligation on behalf of the Balance Responsible Party under this Agreement if the Balance Responsible Party has provided the Market Operator with incorrect or incomplete data, or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party failed to verify the reported data as required under this Agreement.
k) If a third person claims damage compensation from the Market Operator or imposes a sanction due to the provision of incorrect or incomplete data in fulfilling the trade data reporting obligation on behalf of the Balance Responsible Party pursuant this Article of this Agreement, the Balance Responsible Party shall immediately relieve the Market Operator of such claim if the Balance Responsible Party has provided the Market Operator with incorrect or incomplete data or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party failed to verify the reported data as required under this Agreement. If the Market Operator settles any such claim defined in the first sentence of this paragraph of this Article of this Agreement, the Balance Responsible Party shall compensate the Market Operator for the damage, including expenses incurred in the Market Operator’s defence, if the Balance Responsible Party has provided the Market Operator with incorrect or incomplete data, or notified the Market Operator about any change in the data later than five calendar days before the reporting obligation became applicable, or if the Balance Responsible Party failed to verify the reported data as required under this Agreement. In such case, the Balance Responsible Party shall ensure compliance with the obligation to report trade data by itself or via another reporting entity different from the Market Operator.
l) The Market Operator has the right to rescind the Service by delivering of written notice to the Balance Responsible Party if the Balance Responsible Party is overdue with payment of Service or the Balance Responsible Party fails to provide the correct or complete data pursuant to Article 1 of this Agreement or fails to timely notify the Market Operator about any change of the data under the provisions of this Agreement.
m) The provision in the Article 16, letter a) of this Agreement shall cease to be effective on the date on which the Market Operator lost the right to access to the system of Agency. The rights and obligations under the Article 16, letter a) of this Agreement shall cease to apply. In such case, the Market Operator shall continue a registration and provision of trade data from CS OTE under Article 16, letter b) of this Agreement.
I. Statement of the Balance Responsible Party
a) The Balance Responsible Party hereby declares that the organizational unit referred to in Article 1 of this Agreement is not a business establishment pursuant to the Value Added Tax Act, as amended. Furthermore, the Balance Responsible Party hereby declares that it has no other representation in the territory of the Czech Republic that may be deemed a business establishment and that no supply provided by the Operator is intended for the organizational unit or any other representation of the Balance Responsible Party in the Czech Republic.
b) The Balance Responsible Party hereby undertakes to notify the Market Operator within 3 business days about any change in the line of business of the organizational unit that would result in setting up a business establishment and, furthermore, in the event any other establishment arises for the Balance Responsible Party in the territory of the Czech Republic. Should such event occur, relevant information must be provided in writing without undue delay, but no later than within 10 days following the date of setting up a business establishment of the Balance Responsible Party in the Czech Republic.
c) The Balance Responsible Party hereby undertakes that in the event the relevant tax administration authorities deem its organizational unit or other representation in the Czech Republic a business establishment for purposes of value added tax and, as a result, the Market Operator is required to pay additional tax and/or the tax administrator levies sanction or tax attribution thereof pursuant to relevant legal regulations, such as fines and penalties, tax increase, or late payment interest, due to erroneous value-added tax declaration, the Balance Responsible Party shall fully refund all such assessed and additionally assessed tax payments and reasonable expenses of the Market Operator arising from administrative proceedings related to the assessment and additional assessment, with the exception of the expenses arising from proceedings whereby the tax administrator has ordered the Market Operator to pay these expenses due to inactivity or breach of legal obligations by the Market Operator pursuant to Section 107 (6) of the Tax Code.
d) The Balance Responsible Party shall make the refund based on written notice by the Market Operator and following submission of documentation on additional tax assessment and levying related sanctions and tax attribution by the tax administrator for the Market Operator, and documents proving that the Market Operator has paid the tax administrator the additionally assessed tax and related sanctions and tax attribution. The Balance Responsible Party shall make the refund without undue delay, no later than within one week after delivery of said notice and documentation listed above to the Balance Responsible Party regardless of whether the decision on additional tax assessment and other levied payments has become enforceable and legitimate. The Balance Responsible Party shall reimburse the Market Operator for the sanctions and tax attribution levied by the tax administrator due to late tax payment up to the amount of the sanctions and tax attribution in accordance with late tax payment by the substitute due date of payment of additionally assessed tax pursuant to Section 143 and the following Sections of the Tax Code.
e) The obligation of the Balance Responsible Party to pay under the foregoing Article is in no way affected by whether the Market Operator has exercised statutory remedial measures against the decision on additional tax assessment and other levied payments, or not. In the event the decision hereof is cancelled or mitigated and the additionally assessed or levied payment in full or partially returned to the Market Operator or set off against another tax obligation the refund of which is not within the scope of the Balance Responsible Party’s obligations under the foregoing Article, the Market Operator is obligated to reimburse the Balance Responsible Party the corresponding amount reduced by reasonable expenses incurred to exercise remedial measures that resulted in cancellation or mitigation of the relevant decision.
Appears in 1 contract
Samples: Settlement Agreement
