Common use of Provision of Services Clause in Contracts

Provision of Services. 5.1. Terms and conditions of service provision shall be specified in the Customer’s order, which comply with the form provided in Annex 2 to this Agreement and being sent to the Contractor through the Customer’s cabinet in Information platform of the Storage System Operator of Ukraine (hereinafter – the “I-Platform). In case of temporary lack of access to the Customer’s cabinet in the I-Platform, the Order for a service provision shall be sent to the Contractor’s e-mail address specified in Section 15 of this Agreement. The order shall be an electronic document that is an integral part of the Agreement, after the order is agreed by the Parties. The Customer confirms the authority to submit order and acknowledges that the use of login and password to the Customer's cabinet is a confirmation of the authority to perform in the I-platform actions to determine the terms and conditions of services provided by this Agreement. The information provided with the use of login and password to the Customer' cabinet and received by the Contractor through the Customer's cabinet in the I-platform considered reliable, submitted by the Customer for his will and agreed by him. The Contractor, in case the Customer provides a complete set of documents required for declaring the Customer's natural gas and a duly executedorder, within 2 (two) working days from the date of receipt of the order, approves it by sending the Customer an invoice for payment of the Contractor's services according to such order. The invoice shall be issued as an electronic document, in accordance with the current legislation. In case of objection to certain conditions of th order, the Contractor shall notify the Customer of the motivated refusal to perform the order through the relevant functionality of the I-platform, which is reflected in the incoming messages of the Customer's cabinet in the I-platform. The Contractor, after receiving confirmation of payment for services to be provided according to the relevant Customer’s order , shall provide services according to such order within the period specified by the Customs Code of Ukraine. 5.2. The provision of services according to each Customer’s order shall be executed by the Parties through the signing of the Service Delivery Certificate. 5.3. The Service Delivery Certificate shall be drawn up by the Contractor and transferred to the Customer in two copies being signed by the authorized representative and sealed by the Contractor. 5.4. The Customer shall sign all copies of the Service Delivery Certificate provided and put a seal within two business days from the date of receipt thereof and then transfer one copy to the Contractor. 6. Rights and Obligations of the Parties 6.1. The Customer shall: 6.1.1. independently and in full enter reliable information, sufficient for the Contractor to provide services, to the Customer’s cabinet in the I-Platform, and in case of temporary absence of access to the Customer’s cabinet in the I-Platform, send the Contractor the required for service provision documents and information by electronic means of communication. 6.1.2. pay all customs charges according to the current legislation of Ukraine. 6.1.3. pay the cost of services provided in a timely and full manner; 6.1.4. perform other obligations provided by the current legislation of Ukraine and this Agreement. 6.2. The Customer shall have the right: 6.2.1 to deny acceptance of the services in case of their noncompliance with the terms of the Agreement, current legislation of Ukraine and notify the Contractor of this; 6.2.2. to bring the Agreement to an early termination in case of disagreement with the changed tariffs for services by the Contractor or in case of failure of the Contractor to fulfil its obligations with a 30 days’ written notice prior to the given day of the Agreement termination; 6.3. The Contractor shall: 6.3.1. acting at its own risk and expense, obtain a license required to provide the services under the Agreement if obtaining such a permit or license is provided by the current legislation of Ukraine. 6.3.2. provide services in accordance with the provisions of this Agreement and the Orders. 6.4. The Contractor shall have the right: 6.4.1. to receive payments for the services provided under the Agreement in full and in a timely manner; 6.4.2. to set tariff rates for the services; 6.4.3. to demand the information and documents from the Customer required to provide the services. 6.4.4. to deny service provision to the Customer and/or to bring the Agreement to an early termination in case of non-fulfilment of its obligations by the Customer; 6.4.5. to assign the performance of the Agreement to another person, remaining fully liable to the Customer for breach of the Agreement; 6.4.6. to perform other rights provided by the current legislation of Ukraine and this Agreement. 7. Liability of the Parties 7.1. The Parties shall bear liability for their failure to perform or improper performance of the Parties' obligations hereunder. 7.2. The Customer shall bear liability for the losses caused to the Contractor equal to actual damages associated to undue performance of its obligations by the Customer. The facts of undue performance of the Customer’s obligations and amount of compensable damages are shall be set in accordance with a procedure prescribed by the current legislation. 7.3. Claims for physical loss or damage shall be made by the Contractor and considered by the Customer in line with current legislation of Ukraine. 7.4. If the Customer fails to pay within the terms envisaged by Article 4.1 of the Agreement, the Customer shall pay fine at the double discount bank rate on the day of fine payment established by the National Bank of Ukraine for each day of delay. 7.5. The Customer shall be responsible for the accuracy of the information provided to the Contractor through the Customer's cabinet in the I-platform using the login and password to the Customer's cabinet. 7.6. The Contractor shall be liable to the Customer for breach of the Agreement unless the Contractor proves that the breach of the Agreement occurred not due to its fault. 7.7. The Contractor shall be released from liability for any damage to the Customer and from compensation for any damages, including those related to access of third parties to the information of the Customer's cabinet in the I-platform and disclosure of this information in case of such damage and / or losses occurred as a result of proper performance by the Contractor of the obligations established by this Agreement. 8.