Common use of Schedule of the completion and Delivery Date Clause in Contracts

Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be as follows : with regard to the 1 (first) RTG Crane: […] (in words : […]) counted from the date of signing the Agreement; with regard to the 2 (second) RTG Crane: […] June 2023; with regard to the 3 (third) RTG Crane: […] June 2023. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the given RTG Crane. The Delivery Date is set for the benefit of the Ordering Party. Detailed schedule of the completion of the Subject of the Agreement with regard to each RTG Crane is included in Appendix No 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement with regard to each RTG Crane (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of RTG Crane at the premises of the Contractor or the Manufacturer of RTG Crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the each RTG Crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the RTG Crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the RTG Crane into operational conditions with dimensions not greater than 50 x 50 meters. The surface shall be provided to the Contractor for the period required to install the RTG Crane and to bring it into operational condition but not longer than 60 (sixty) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing each RTG Crane into operational condition the commissioning test of the given RTG Crane shall be carried out according to the requirements specified in Appendix No 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the RTG Crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the RTG Crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the RTG Crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the RTG Crane under conditions specified in Appendix No 5 to this Contract (referred to as the “Test”). The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the RTG Crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No 5 the Contractor shall provide an experienced RTG Crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the RTG Crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the RTG Crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the RTG Crane; provision of the Warranty Bond. § 3.

Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be as follows : with regard to the 1 (first) RTG Crane: […] (in words : […]) counted from the date of signing the Agreement; with regard to the 2 (second) RTG Crane: […] June 2023; with regard to the 3 (third) RTG Crane: […] June 2023. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the given RTG Crane. The Delivery Date is set for the benefit of the Ordering Partyboth Parties. Detailed schedule of the completion of the Subject of the Agreement with regard to each RTG Crane is included in Appendix No 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement with regard to each RTG Crane (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of RTG Crane at the premises of the Contractor or the Manufacturer of RTG Crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the each RTG Crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the RTG Crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the RTG Crane into operational conditions with dimensions not greater than 50 x 50 meters. The surface shall be provided to the Contractor for the period required to install the RTG Crane and to bring it into operational condition but not longer than 60 (sixty) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing each RTG Crane into operational condition the commissioning test of the given RTG Crane shall be carried out according to the requirements specified in Appendix No 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the RTG Crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the RTG Crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the RTG Crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the RTG Crane under conditions specified in Appendix No 5 to this Contract (referred to as the “Test”). The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the RTG Crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No 5 the Contractor shall provide an experienced RTG Crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the RTG Crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the RTG Crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the RTG Crane; provision of the Warranty Bond. § 3.

Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be as follows : with regard to the 1 (first) RTG Crane: […] (in words : […]) counted months from the date of signing the Agreement; with regard to Agreement by the 2 (second) RTG Crane: […] June 2023; with regard to the 3 (third) RTG Crane: […] June 2023Parties. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the given RTG STS Crane. The Delivery Date is set for the benefit of the Ordering Party. Detailed schedule of the completion of the Subject of the Agreement with regard to each RTG Crane is included in Appendix No No. 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement with regard to each RTG Crane (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of RTG STS Crane at the premises of the Contractor or the Manufacturer of RTG STS Crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the each RTG STS Crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the RTG STS Crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the RTG STS Crane into operational conditions with dimensions not greater than 50 100 x 50 120 meters. The surface shall be provided to the Contractor for the period required to install the RTG STS Crane and to bring it into operational condition but not longer than 60 110 (sixtyone hundred) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing each RTG the STS Crane into operational condition the commissioning test of the given RTG STS Crane shall be carried out according to the requirements specified in Appendix No No. 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the RTG STS Crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the RTG STS Crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the RTG STS Crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the RTG STS Crane under conditions specified in Appendix No No. 5 to this Contract (Agreement [referred to as the “Test”)]. The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the RTG STS Crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No No. 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No No. 5 to the Agreement the Contractor shall provide an experienced RTG STS Crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the RTG STS Crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the RTG STS Crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the RTG STS Crane; provision of the Warranty Bond. § 3.

Schedule of the completion and Delivery Date. The deadline for the performance of the Subject of the Agreement (referred to as the “Delivery Date”) shall be as follows : with regard to the 1 maximum 18 (firsteighteen) RTG Crane: […] (in words : […]) counted months from the date of signing the Agreement; with regard to Agreement by the 2 (second) RTG Crane: […] June 2023; with regard to the 3 (third) RTG Crane: […] June 2023Parties. For the purposes of execution of the Agreement the Delivery Date means the date on which both Parties sign the Handover Report of the given RTG CraneSTS crane. The Delivery Date is set for the benefit of the Ordering Party. Detailed schedule of the completion of the Subject of the Agreement with regard to each RTG Crane is included in Appendix No 3 to the Agreement (referred to as the “Schedule of the Completion of the Subject of the Agreement”). The Contractor shall be obliged to submit monthly report on the progress of the completion of the Subject of the Agreement with regard to each RTG Crane (referred to as the “Report”). Each Report shall include, at least : description of the main activities and works performed in the given month by the Contractor; status of the purchasing of essential components for the purpose of the completion of the Subject of the Agreement; Open issues which needs to be clarified; Timetable for implementation of the Subject of the Agreement (planned and actual); Photographic documentation confirming state of progress on the completion of the Subject of the Agreement. The Contractor shall be obliged to provide to the Ordering party each Report in a form of a spreadsheet along with photographic documentation via e-mail until the 5 (fifth) day after the lapse of the month the Report refers to. The Contractor undertakes to enable the Ordering Party to conduct the necessary number of production inspections of RTG Crane STS crane at the premises of the Contractor or the Manufacturer of RTG Crane STS crane (if the Manufacturer is another entity than the Contractor). The production inspection shall be conducted upon the Ordering Party's request within 7 (seven) days from the request delivery to the Contractor, and shall involve checking the completion and observance of conditions set by the Ordering Party. The Contractor shall notify the Ordering Party about its readiness to conduct the production inspection within the period resulting from the request of the Ordering Party. A production inspection report shall be drawn up and signed by both Parties in 2 (two) copies, 1 (one) copy for the Contractor and 1 (one) copy for the Ordering Party. The Contractor shall deliver, install and bring the each RTG Crane STS crane into operational condition and prepare for registration and handover procedure in the Port of Szczecin at Fińskie Quay (referred to as the : “Place of Delivery”). Within 5 (five) working days before the planned date of delivery and unloading of components for the purpose of installing and bringing the RTG Crane STS crane into operational condition, the Contractor shall be obliged to inform the Ordering Party about the exact date and approximate time of such delivery and unloading, which must fall within from 7.00 to 15.00 hours. The Ordering Party shall provide to the Contractor an unhardened surface for the purpose of installing and bringing the RTG Crane STS crane into operational conditions with dimensions not greater than 50 100 x 50 120 meters. The surface shall be provided to the Contractor for the period required to install the RTG Crane STS crane and to bring it into operational condition but not longer than 60 (sixty) days. The Contractor confirms that it has familiarized itself with the conditions of the surface and does not / will not raise any objections in this respect. Unless otherwise provided for in the Agreement, the Ordering Party shall not provide to the Contractor under the Agreement : water, electricity or any other media. After successful installation and bringing each RTG Crane the STS crane into operational condition the commissioning test of the given RTG Crane STS crane shall be carried out according to the requirements specified in Appendix No 4 to the Agreement (referred to as the “Commissioning Test”). If no objections are raised with regard to the RTG Crane STS crane (i.e. all requirements of the Commissioning Test are met), the Parties shall draw up and sign the certificate of the Commissioning Test in 2 (two) copies, 1 (one) copy for each of the Parties. If any objections are detected, the Ordering Party shall draw up a list of objections, and the Contractor shall be obliged to remove them without undue delay. In such case the Parties shall agree on the second date for carrying out the Commissioning Test which shall fall 7 (seven) days after the first date at the latest. If necessary, procedure described in this section, may be repeated, what does not impact in any way rights of the Ordering Party set forth in § 8 of the Agreement. After successful completion of the Commissioning Test the Ordering Party shall undertake at the costs and risks of the Contractor necessary formal steps to register the Crane with the Transport Technical Supervisory Service (in Polish : “Transportowy Dozór Techniczny” abbr. “TDT”). Final and complete application documentation shall be submitted by the Ordering Party with the TDT without undue delay counted from the moment of receiving such documentation from the Contractor. The Contractor shall be obliged to cooperate with the Ordering Party in order to register the RTG CraneSTS crane, in particular, by maintaining its operability thorough the registration process and providing all the necessary data, explanations and documents in translated version, in the form and content as required by the TDT. After successful registration of the RTG Crane STS crane with the TDT, but in any case, no later than 4 (four) weeks thereafter, the Parties shall carry out a test of the RTG Crane STS crane under conditions specified in Appendix No 5 to this Contract ([referred to as the “Test”)]. The Test shall demonstrate - in as far as it will appear feasible and within the scope of the planned test scenario - compliance of the RTG Crane STS crane with the Agreement under following conditions: Positive completion of the Test as defined in Appendix No 5 to the Agreement; In the event of a negative completion of the Test the Contractor shall remedy the defect and the Test shall be repeated, however, the Parties allow the possibility to carry out maximum six attempts of the Test, i.e. : initial Test and five repetitions thereof; For the Test scenarios as per Appendix No 5 the Contractor shall provide an experienced RTG Crane STS crane operator with appropriate qualifications. After successful completion of the Test the Parties shall sign the Handover Report. The signing of the Handover Report is conditional upon : compliance of the RTG Crane STS crane with provisions of this Sale Contract; completion of the Commissioning Test; successful registration of the RTG Crane STS crane with the Transport Technical Supervisory Service; positive completion of the Test; provision of the guarantee card issued by the producer of the RTG STS Crane; provision of the Warranty Bond. § 3.