CONTRACTUAL DOCUMENTATION

THE CONTRACT EXCEEDING THE VALUE OF THE 2nd CATEGORY OF SUPPLIES

The Complete Delivery of Atmospheric Tanks for the Project of the 4th Stage of Secondary Recovery

Submitter registration number 10/C1.01/ZD2 IS VZ registration number 60054696 (IS VZ = Information system of public contracts – translator’s note)

Submitter identification Biocel Paskov a.s. ID: 264 20 317 Residence: Paskov, Zahradní 762, Frýdek-Místek Region, Postcode 739 21

Submitter contact person Ing. Jaromír Nytra for this contract Tel.: +420 558 461 533, + 420 728 216 399 Address: Biocel Paskov a.s., Zahradní 762, Paskov, 739 21

person in charge of submitting activities of TECHNOEXPORT company (stock company for foreign trade), JUDr. Kateřina Malmstedt, PhD. E-mail: [email protected] Address: Václavské náměstí 846/1, Praha 1, 113 34 Delivery address: Třebohostická 14, Praha 10, 100 31.

Stránka 1 z 41 PREAMBLE

This contractual procedure is governed by mandatory instructions for applicants and beneficiaries in the EOP (Environmental Operation Program), as amended as of July 30, 2010, mandatory procedures for contracting orders co-financed from EU funds, not covered by enforcement of Act No. 137/2006 Sb., on Public Procurement, in 2007-2013 Program period. For this reason, this contract is not commissioned pursuant to Act No. 137/2006 Sb. on Public Procurement, as amended (thereinafter the "Act") and is not a procurement procedure under the law, but it is only the analogy process to proceed under the rules for an open proceeding under the law, if not otherwise stated in this contractual documentation or notification.

The contractual procedure has been published on the Public Procurement Information System website – publicizing subsystem.

This contractual documentation contains the following sections:

1. Information and guidelines for suppliers 2. Bid cover sheet 3. Guidelines for bid processing

The following annexes are included:

Annex No. 1 – Technical specifications (Basic Engineering) Annex No. 2 – Trade and payment terms Annex No. 3 – Qualification of candidates Annex No. 4 – Evaluation criteria Annex No. 5 – Statutory declaration Annex No. 6 – Technical qualification statutory declaration Annex No. 7 – Itemized budget Annex No. 8 – Bid allegiance statutory declaration

Annexes to this contractual documentation form its integral part.

Caution: Submitter considers the information contained in this contractual documentation as confidential. This information should not be used for other purposes but for the participation in this contractual procedure.

Stránka 2 z 41 1. INFORMATION AND GUIDELINES FOR SUPPLIER

1.1 PURPOSE OF THE CONTRACT

The purpose of the contract is production and delivery of 6 pieces of atmospheric tanks including their assembly, placing and preparation for connection to other client technologies.

1.2 SUBJECT OF THE CONTRACT

The subject of this contractual procedure is to conclude the contract on delivery of a technological part – i.e. of 6 pieces of atmospheric tanks including their assembly and placing on foundations prepared in advance at SO 22-52 of the Secondary Recovery. The tanks are an integral part of the 4th stage – Venturi Scrubber and will be used for storage of liquid media. The description of liquid media and construction data are included in technological conditions. The connection of the piece of work to existing and new technologies of the submitter is not the subject of the piece of work.

1.3 ESTIMATED CONTRACT VALUE

The estimated contract value (excluding VAT) is CZK 8.000,000.

1.4 PLACE OF CONTRACT EXECUTION

The place of execution is Paskov, Zahradní 762, 739 21, Biocel Paskov, a.s. complex, existing Secondary Recovery Plant.

1.5 PERIOD OF CONTRACT EXECUTION

The expected date of the initiation of s is February 28, 2011. Equipment will be produced between February 28 to June 24, 2011, while on-site assembly between June 27 to September 1, 2011. The connection of the piece of work to existing and new technologies of the submitter will be carried out from September 1, 2011 to October 19, 2011 and is not a part of the piece of work. The contract must be fulfilled and the piece of work must be completed by October 19, 2011.

1.6 TRADE AND PAYMENT TERMS

Trade and payment terms for the public contract execution are given in Annex No. 2 of these contractual conditions. These trade and payment terms shall be included in the draft agreement on delivery, which will be submitted by the applicant in the bid. The draft agreement on delivery shall fully comply with the stated trade and payment terms and shall be signed by a person authorized to act on behalf of or for the applicant.

The bid price will be determined as at most admissible, final and fixed price. Contract price must include all necessary costs, including all costs related to placing and installation (fees, secondary costs such as transportation, expected risk related to equipment placing, which is the subject of supply, orderer operations, exchange rate effects, the general price development, increased costs resulting from the trading conditions, etc.). The crane for assembly will be organized by the client.

Stránka 3 z 41 All costs related to supply will be included in the price of equipment. The applicant will add the data necessary for the draft agreement establishment (its identification, bid price, length of warranty period of the equipment, which is the subject of delivery, contact persons and perhaps any additional details omitted), and the trade conditions completed as such will be submitted as its draft agreement.

Trade and payment terms define the future contractual relation frame.

1.7 TECHNICAL SPECIFICATIONS

Technical specifications are included in Annex No. 1 of this contractual documentation.

1.8 REQUIREMENTS FOR BID PRICE PROCESSING METHOD

The bid price will be quoted in CZK, without VAT and then including VAT, as specified in section 2 of this contractual documentation (the cover sheet). The bid price will be quoted in the bid cover sheet, whose sample is specified in Part 2 of this contractual documentation and in the draft agreement for public contract execution. Applicants must also establish a budget in accordance with itemized budget in the bid. The budget mandatory design is specified in Annex No. 7 of the contractual documentation. The itemized budget will be used to assess on how the applicant came to the bid price and how it set price of respective items of delivery.

1.9 REQUIREMENTS ON BID PROCESSING METHOD

Requirements on bid processing method are listed in Part 3 of this contractual documentation.

Applicants will describe the piece of work which they propose, according to the contractual documentation. Such description of the piece of work will be included in Annex No. 2 of the contract on piece of work (trade and payment terms) and additionally, it will be included in Part VIII of the bid. Assembly drawing for installation will be a part of the piece of work description.

1.10 EVALUATION CRITERIA AND BID EVALUATION METHOD

Evaluation criteria and bid evaluation method are specified in Annex No. 4 of this contractual documentation.

1.11 ADDITIONAL INFORMATION

Supplier is entitled to request additional information from submitter on the contractual documentation. The written request must be delivered to Ing. Jaromír Nytra, E-mail: jaromí[email protected], mailing address - Biocel Paskov a.s., Zahradní 762, 73921 Paskov and a copy to JUDr. Kateřina Malmstedt, PhD., E-mail:

Stránka 4 z 41 [email protected], mailing address – TECHNOEXPORT, a joint-stock company of Foreign Trade, Třebohostická 14, Praha 10, 100 31.

When in doubt concerning the content of the contractual documentation, including its technical part in English, subcontractors can ask for an answer via additional information.

The submitter shall respond to requests for additional information within 5 ing days since such request for additional information has been raised.

1.12 INSPECTION OF THE PLACE OF PERFORMANCE

The place of performance will be inspected on January 11, 2011 at 10 a.m. Suppliers who intend to participate at this inspection are required to sign up by an e-mail to the following e-mail address [email protected] and [email protected] at least 24 hours before the inspection and provide their identification data. Suppliers are requested to be at the office building reception of Biocel Paskov a. s. company, address Zahradní 762, Paskov, Postcode 739 21 at the latest at 10 a.m. on the day when the plant tour is organized.

1.13 PLACE AND DEADLINE FOR BID SUBMISSION

The bid will be sent by registered post or submitted personally at the address: Biocel Paskov, for the attention of Ing. Jaromír Nytra, Zahradní 762, Paskov, Postcode 739 21.

The bid shall be delivered no later than on January 20, 2011 by 8:00 a.m.

1.14 OPENING OF ENVELOPES

The opening of envelopes with bids will be held on January 20, 2011 at 9:00 a.m. at the submitter’s building at the address Zahradní 762, Paskov, Postcode 739 21, room No. B2 2.

At most one representative for each applicant may attend the opening session. Each representative will prove their identity by the document proving their entitlement to participate in the session on opening the envelopes on behalf of the applicant.

1.15 BID VARIATIONS

No variations of the bid are permitted by the submitter.

1.16 QUALIFICATION

Applicants are required to meet the qualification. Compliance with qualification means meeting the basic qualification conditions, professional qualification conditions, economic and financial qualification conditions and technical qualification conditions.

The conditions to meet the qualification are specified in Annex No. 3 of this contractual documentation.

Stránka 5 z 41 Applicants shall demonstrate the compliance with qualification through copies of the stated documents. The selected candidate for the contract conclusion is required to submit originals or certified copies of these documents to the submitter at least 5 days before the contract conclusion.

1.17 FINANCING THE PUBLIC CONTRACT

This contract is co-financed by EU funds, namely by the European Regional Development Fund and the Cohesion Fund under the Environmental Operational Program. In the case that the support from the Environmental Operational Program is not provided for any reason, the submitter may cancel the contractual procedure.

1.18 CONTRACTUAL PERIOD

Contractual period runs until March 15, 2011.

1.19 GUARANTEE ACCORDING TO ACT § 67

The submitter doesn’t require guarantee according to Act § 67.

1.20 PUBLICATION OF CONTRACTUAL DOCUMENTATION

The contractual information and call are publicized in complete wording on the submitter internet web sites www.biocel.cz. Hence the contractual information can be unlimitedly remotely accessed pursuant to § 48 ZVZ and the contractual documentation will be provided to applicants via unloading internet web sites www.biocel.cz free of charge.

Text part of the contractual documentation is included in this contractual documentation with the exception of Annex No. 1 of this contractual documentation – Technical specifications.

1.21 OBJECTIONS

Applicants are entitled to raise objections within 5 days from delivery of information about the results of the bidding process. The submitter will decide on objections within 10 working days since their delivery.

1.22 APPLICANT COSTS AND BID REJECTION

The applicant is not entitled to cost reimbursement associated with the participation in the contractual procedure of this public contract. Bids will not be returned to applicants and shall remain with the submitter as a part of the documentation on the contractual procedure of this public contract. Any expenses related to the submission of bids are fully borne by the applicant.

1.23 CANCELLATION OF CONTRACTUAL PROCEDURE The submitter is entitled to cancel this bidding process without giving any reason.

The submitter is also entitled to cancel biding process if the project is not supported under the Environmental Operational Program.

Stránka 6 z 41 1.24 INTERCOMMUNICATION THROUGH SUBMITTER REPRESENTATIVE

By exercise of rights and obligations in this contractual procedure, the submitter is represented by TECHNOEXPORT, a joint-stock company of Foreign Trade, Praha 1, Václavské náměstí 846/1, Postcode 11334. Applicants are required to communicate directly with the submitter.

1.25 DELIVERY OF DOCUMENTS TO CANDIDATES WHO HAVE SUBMITTED A JOINT BID

If more applicants submit a joint bid, they are required to state one address for delivering documents of the submitter. Sending documents to this address is perceived as the submitter has sent it to all participants of a joint bid. However, the submitter has the right to send the document to each party of a joint bid separately.

1.26 COMMUNICATION WITH APPLICANTS

All communication with applicants will be done solely in writing to the contact persons and addresses stated in the contractual documentation.

1.27 SUBCONTRACTORS

The submitter does not permit the atmospheric tanks to be produced, installed and assembled by a subcontractor.

The submitter requires from the applicant to specify those parts of the contract which the applicant intends to subcontract and to specify identification data of such subcontractors. This information will be included in Part IX – Bid Subcontractors. The applicant is not allowed to change the subcontractor or pass on a part of the contract to be realized by the subcontractor without a prior written consent of the submitter.

1.28 INFORMATION ON FUNDING

The applicant is required to erect a large scale information panel at the installation location and following the piece of work completion and acceptance, the memorial plaque with text in the form and time periods specified in guidelines, methodologies, and relevant rules of EOP and / or governing body of EOP.

Stránka 7 z 41 2. BID COVER SHEET

Bid Cover Sheet

The Complete Delivery of Atmospheric Tanks for the Project of the 4th Stage of Secondary Recovery

1. Applicant

Trade company: Address and place of business: Post address for the purpose of this public contract information delivery: 1. First name and surname(s) 2. of statutory body . member(s): . Registration number /VAT registration number: Bank connection: Appropriate Trade Register and Trade Register file number: Contact person:

Telephone number: Fax: E-mail address:

2. Bid price

SUBJECT Bid price

The complete delivery of atmospheric tanks for the Project of Secondary Recovery including Price without Price including VAT assembly and all related deliveries, s and VAT VAT services

Stránka 8 z 41 Total bid price

3. Piece of work warranty period in months: …………

In______of the day ______

______Applicant signature

Stránka 9 z 41 3. GUIDELINES FOR BID PROCESSING

1. The supplier may submit only one bid. The supplier who has submitted a bid in the bidding process must not be at the same time a subcontractor to another supplier in the same process, if the other supplier proves its qualification through it. Moreover, the supplier cannot submit one bid for itself and the other jointly with multiple suppliers or submit multiple joint bids with multiple suppliers. Yet one bid can be submitted jointly by several suppliers.

2. If the bid is submitted jointly by several suppliers, they are required to attach the original copy of the agreement which contains the commitment that all these suppliers will be obliged jointly and severally to submitter and to third parties of any legal relationships arising in connection with contract, for the whole duration of the contract and for the duration of any obligation ensuing from the contract.

The original copy of this contract must contain a limitation of representation of these suppliers by a single legal entity, both in the frame of the selection process, and in the case of contract execution, including the course of the warranty period.

3. The bid will be divided into separate sections as follows:

(i) The completed and signed bid cover sheet the form of which is specified in Section 2 of this contractual documentation. The cover sheet must be signed by the applicant authorized person(s) in accordance with the signature method specified in the certificate of incorporation in Trade Register or by a representative authorized to do so under the law (power of attorney must be then included in the bid, filed under the bid cover sheet) (ii) Itemized budget the binding template of which is specified in Annex No. 7 of this contractual documentation

(iii( Documents proving basic qualification and professional qualification. ii.i. Criminal record(s) ii.ii. Supplier statutory declaration - statutory declaration sample is included in this contractual documentation in Annex No. 5 of this contractual documentation ii.iii. List of associates or members of a corporation body according to § 53 Section 1 letter k) of the Act ii.iv. List of employees or members of the Board according to § 53 Section 1 letter l) of the Act ii.v. Current list of shareholders according to § 53 Section 1, letter m) of the Act ii.vi. Confirmation of the competent financial authority ii.vii. Confirmation of the competent social security administration ii.viii. Certificate of incorporation to the Trade Register or other register ii.ix. Trade License (iv) Documents confirming compliance with economic and financial qualification preconditions. i. Insurance contract ii. Statutory declaration of turnover (v) Documents confirming compliance with technical qualification preconditions. i. List of reference contracts ii. Client(s) certificate

Stránka 10 z 41 iii. Certificate according to ČSN EN ISO 9001 series of standards iv. Statutory declaration - list of technicians, including their professional and language experience v. Statutory declaration – statutory declaration sample is included in Annex No. 6 of this contractual documentation vi. Statutory declaration – description of measures to ensure the quality of weldings (vi) Draft agreement. (vii) In case of joint bidding of more applicants, the applicants will submit the contract which contains a commitment that all of these applicants will be obliged jointly and severally to the submitter and to third parties of any legal relationships arising in connection with public contract, for the whole duration of the contract and for the duration of any obligations under the contract (viii) Description of the piece of work, including assembly drawing (ix) Subcontractors (x) Statutory declaration on allegiance by offering, as specified in Annex No. 8 of this contractual documentation

4. The bid cover sheet, statutory declarations, lists and draft agreement will be signed by the applicant. In case that the bid is signed by a person different from the person(s) through which the applicant is acting according to the status of entry in Trade Register, or in case of business entity of the natural person not incorporated in Trade Register by other person than by the stated business entity, the applicant will submit the particular power of attorney or any other valid delegation document.

5. The bid will be submitted in the Czech language. Documents proving compliance with qualifications made in other than Czech or Slovak languages must be equipped with translation into the Czech language.

6. If the bid is submitted by the applicant located outside the territory of the Czech Republic, the applicant must submit documents in its original language with translation into the Czech language.

7. The bid with annexes will be submitted in a hard copy in a properly sealed envelope marked "Contract - Complete Delivery of Atmospheric Tanks for the Project of the 4th Stage of Secondary Recovery – DO NOT OPEN “.

8. The envelope with the bid must contain the company name and address of the applicant to which the potential announcement stating that the bid was submitted after the deadline of bid submission, could be sent.

9. Unless otherwise specified, the applicant shall submit the offer, including other documents and annexes in a written form and three sets. The bid will also be delivered in the electronic form on a CD (RTF text or PDF format, MS Excel spreadsheet or a format transferable to MS Excel).

10. Individual sheets of the bid, including annexes will be duly numbered in ascending numerical order and sorted by binding design (referred to in Section 3, Part 3 of this contractual documentation).

11. The bid including all other required documents and annexes will be printed in high quality on white paper and will be bound or otherwise adequately secured against handling with individual leaves, including annexes and will not contain any loose

Stránka 11 z 41 leaves. The bid shall not include corrections and transcripts which may mislead the submitter. If the bid is submitted in the ring folder, it shall be protected against unauthorized use of individual leaves with seals including documents and annexes.

12. The individual bid sections will be separated by colored leaves from each other. These color sheets will be also numbered and included in the total number of the bid sheets.

13. The final document of the bid will be statutory declaration of bid allegiance. Information of the total number of the bid sheets will be included in this document, too.

14. The supplier receives no costs reimbursement incurred to participate in this contractual procedure.

15. The submitter will reject such bid that will differ from the call for this contract submission or contractual documentation. The discrepancy is mainly deemed to be any change, omission, deletion or addition, except for the addition of the bid price and the length of the warranty period in the draft agreement contained in Annex No. 2 of this contractual documentation.

Stránka 12 z 41 Annex No. 1 Technical Specifications

Documents for definition of technical specifications Technical specifications will be defined by the submitter as a reference to the following documents referred to in this order: - Czech technical standards adopting European standards or other national standards which adopt European standards, - European technical approvals, - general technical specifications stipulated in accordance with a procedure recognized by EU Member States and published in the Official Journal of the European Union, - international standards, or - types of technical documents other than the standards issued by the European standardization bodies.

Documents containing the definition of technical specifications All references to the above documents are listed in the Specification Biocel Tanks and Basic Engineering, regardless of whether they appear in the text or drawings. Technical specifications may be defined in the Specification Biocel Tanks Basic Engineering also by referring to - Czech technical standards, - construction technical certificates, or - national technical specifications relating to the design, implementation and assessment of buildings and constructions and use of products.

Reference to other technical specifications

With each reference according to Sections stated above, the submitter accepts even the use of other, qualitatively and technically similar solutions for each reference.

Annexes, a non-text part of this contractual documentation of Specification Biocel Tanks and Basic Engineering, are an integral part of these technical specifications and this contractual documentation.

With regards to the fact that the submitter should initiate the Project and the assembly of the piece of work as soon as possible because it must be implemented by September 1, 2011, for the sake of receiving funds from OPŽP, FS and ERDF, as well as for the sake of due compliance with payment of funding, this bidding process must be open and close as soon as possible. Bearing in mind the stated facts, the submitter has no time to translate a part of technical conditions – Specification of Biocel Tanks and Basic Engineering which were developed by a foreign supplier into the Czech language and hence, the Czech translation is not available. Should suppliers be unclear as to its technical part in English, additional information can be requested within the frame of providing additional information.

Stránka 13 z 41 In cases where Specification of Biocel Tanks and Basic Engineering includes requirements or references to commercial companies, names, or names and surnames, specific identification of goods and services that indicate to a particular person, or its organizational unit, including patents for inventions, utility models, industrial designs, trademarks or designations of origin, the submitter allows using other similar solutions in terms of quality and technical aspect, provided that at least the same or better specified parameters included in the project or in assessment statements are adhered to. These similar solutions must be supported by the specified parameters as in case of commercial companies, names, or names and surnames, specific descriptions of goods and services that indicate to a particular person, or its organizational unit, patents for inventions, utility models, industrial designs, trademarks or designations of origin specified in the project or assessment statements.

SPECIFICATION OF BIOCEL TANKS AND BASIC ENGINEERING IS CONTAINED IN THE TECHNICAL SPECIFICATIONS OF BASIC ENGINEERING FOLDER - ANNEX NO. 1 OF CONTRACTUAL DOCUMENTATION

Stránka 14 z 41 Annex No. 2 Trade and payment terms

As a part of the contractual documentation, the submitter proposes the following trade and payment terms: trade and payment terms are given in the document – Supply Contract that is included in this Annex. Trade and payment terms contained in this Annex are binding for the applicant. Any discrepancies, changes, deletions, additions (with the exception of bid price and warranty period addition) will be treated as a failure of the submitter requirements specified in the contractual conditions. The indicated contract design sample will be signed by a person authorized to act on behalf of the applicant and will be included by that person in the bid:

Supply Contract

concluded under the Commercial Code

I. Contractors

1. Orderer: Biocel Paskov a.s., place of residence: Zahradní 762 739 21 Paskov CZECH REPUBLIC

Represented by: Ing. Ivo Klimša, Chairman of the Board Ing. Vojtěch Podmolík, Board Member

Technical Issues Representative: Ing. Jaromír Nytra – Head of Investment Department

Contract Issues Representative: Ing. Miroslav Mynarz – Head of Purchasing Department

Bank connection: Komerční banka F-M, bank account number: 7206-781/0100 IBAN : CZ81 0100 0000 0000 0720 6781

Identification Number: 26420317

Stránka 15 z 41 Tax Identification Number: CZ26420317

The company is registered in the Trade Register at the Regional Court in Ostrava, Section B, Insert 2488 VAT payer (thereinafter “Orderer”)

Stránka 16 z 41 2. Contractor: X (Company or company name, residence or point of business, identification number and registration record)

Acting person X (Name, surname and job position) (thereinafter “Contractor”)

II.

1. The contractual parties have concluded this contract on the basis of the tender held in accordance with binding regulations for applicants and beneficiaries of support under the Environmental Operational Program, as amended on July 30, 2010, binding procedures for commissioning orders co-financed from EU funds, not covered by the enforcement of Act No. 137/2006 Sb. on Public Product Act in the program period of 2007-2013. In accordance to rules and the Act No. 137/2006 Sb. on Public Product Act, as amended (thereinafter "Act”), this job order was not commissioned in accordance with the law and it was not a contractual proceeding pursuant to law, unless otherwise specified in contractual documentation or in the announcement. The selecting procedure (thereinafter "SP") was launched on December 1, 2010 and the announcement on the job order was sent to the central distribution system that day. Contractual documentation of SP will be referred to as "CD” and SP announcement as the “announcement” for purposes of this contract thereinafter. III.

The Subject and Purpose of the Piece of Work

1. Based on this contract, the contractor undertakes to deliver the piece of workk as specified in this contract to orderer at his own expense and risk and the orderer undertakes to accept the duly completed from contractor and pay the price for this to the contractor. 2. The subject of the piece of work is production, assembly and installation of six pieces of atmospheric tanks on foundations prepared in advance at SO 22-52 of Secondary Recovery. The stated tanks are an integral part of the 4th stage – Venturi Scrubber and will be used for storage of liquid media. Next subject of the piece of work is the preparation for connection to other orderer technology, placing, assembly, and implementation of all safety tests, the obtaining of all permits, certificates, certificates required for launching the and its operation, as specified in Annex No. 2 of this CD, particularly of this CD technical specifications and other documentation necessary for the production and delivery of the (further documentation is indicated as "FD" and the subject of the contractor performance under this contract as referenced as "piece of work " thereinafter). The contractor acknowledged, agreed and confirmed by the bid submission to SP that (i) technical conditions of CD are not a complete documentation for production and delivery of the piece of work, but they are complete for the development of the complete and final bid of delivery of the piece of work, mainly of complete and final price of the piece of work, and (ii), FD will be delivered by the orderer within the period set forth in this agreement. The contractor created a description of the piece of work on the basis of contractual documentation, which forms Annex No. 2 of this contract. In case of any discrepancies between description of the piece of work developed by the contractor and CD and FD, the CD and FD will be effective. The assembly drawing for the piece of work installation is a part of description of the piece of work. 3. In case that the construction scope exceeds the limits under § 15 of Act No. 309/2006 Sb., the responsible investment department manager of the orderer will appoint Health and Safety Coordinator and other obligations arising thereof. 4. The contractor declares to have checked the technical specifications for CD before signing the contract and did not find any defects that would prevent the contrator from duly and professionally performed piece of work.

Stránka 17 z 41 5. The contractor shall deliver the as a single operating unit, i.e. it will carry out at its own expense and risk all related transactions and that are not specifically indicated in this contract but are necessary for duly delivered, site-transported, installed and assembled . At the same time, the contractor will adjust the place of performance for the proper conduct of the piece of work, will implement safety measures and other activities necessary for the proper initiation and execution at its own expense. 6. Parameters of the piece of work are listed in the CD technical specifications and will be added to FD. 7. The contractor undertakes to process the documentation of actually performed piece of work and its connections to other orderer technologies and installation and to submit it to orderer with the piece of work delivered. The contractor shall prepare the documentation in two copies in writing in so-called "red-pen version“. 8. If, in the course of execution of this contract the contractor finds out that the subject of the piece of work needs to be amended or complemented, it must notify the orderer in writing without a delay. Such change must be then discussed by the contractual parties and can be realized only following concluding a supplement to this contract. The subject of the supplement will be also the agreement on the change of due dates of execution and change of price. 9. The purpose of this piece of work is: production and assembly of six pieces of tanks on foundations prepared in advance including connecting points at SO 22-52 of Secondary Recovery.

IV.

Time and Place of Performance

1. The contractor undertakes to produce, deliver, assemble and complete the piece of work as a whole and to hand it over to the orderer no later than on October 19, 2011. The connection of the piece of work to existing and new technologies of the submitter is not the subject of the piece of work, but the contractor shall assist the orderer at the stated connection of the piece of work.

2. The contractor shall initiate execution of this contract immediately after conclusion thereof.

3. The contractor agrees to perform the piece of work in following milestones: 3.1. The contractor undertakes to produce the piece of work and deliver it to the assembly site before June 24, 2011 in such condition that it can be assembled and installed;

3.2. The contractor undertakes to assemble and install the piece of work so that it can be connected to other orderer technologies, no later than on September 1, 2011;

3.3 The contractor agrees to complete the piece of work and submit it to orderer and provide orderer with all assistance and do all works, supplies and services so that the piece of work could be put into pilot operation no later than on October 19, 2011.

4. The place of performance is Biocel Paskov, Zahradní 762, Postcode 739 21, terms of delivery DDP Paskov according to Incoterms 2010. The place of assembly is understood to be a steel structure of SO 22-52 building of the Secondary Recovery located in the production plant of Biocel Paskov a.s. 5. The contractor shall include with identification of each shipment on all shipping documents the following: - Recipient (orderer) name and address Biocel Paskov a.s., Zahradní 762, 739 21 Paskov

Stránka 18 z 41 - Order code number - Total weight (gross or net)

V.

Price of the Piece of Work

1. The orderer and contractor have agreed the price of the piece of work to be ... X…, ...X... VAT excluded. 2. As a payer of value added tax, the contractor includes value added tax to the agreed price at the statutory rate bearing in mind that the rate may change, if legal regulations change during the realization time of the taxable payment, should the manufacturer is obliged not to include VAT. 3. In Section 1 of this article, the price indicated covers all works and performance of the contractor specified in the subject of piece of work under Article III of this contract, in particular with regard to Article III. 2 and 5 thereof. 4. The agreed price of the piece of work can only be changed only if mutually agreed to change the subject of piece of work in the form of an annex to this contract. In such case, the piece of work and performance uncovered by the price of the piece of work will be expressed in the annex to this contract. If not proceeded as stated, the contractor is not obliged to carry out such works and in case that such s are performed by the contractor, it is deemed that the contractor acts on his account and cannot claim settlement of incurred costs. 5. If such s performed by the contractor are involved which were made or are to be made due to the elimination of claimed defects of the piece of work or due to erroneous execution of the piece of work detected even before its handing over to the orderer, or works and executions required as a consequence of an intervention of a government or other body which discovered that the piece of work result did not comply with generally binding legal provisions, technical standards or conditions for eligibility for Operational Program of Environment, the contractor shall execute those obligations and piece of work without a delay and at his danger and cost.

VI.

Terms of Payment

1. The parties have agreed the following terms of payment for the piece of work price:  Pre-payment invoice amounting 20% of the contractual price of the piece of work will be paid against the pre-payment invoice issued by the contractor within 30 days after concluding this contract under the condition that the delivery is received by the orderer at the latest within 20 days since singing this contract of surety bond on issuing bank guarantee amounting 20% of the contract price of the piece of work credited to the orderer, The surety bond will include the bank obligation to pay the orderer 20% of the contractual price of the piece of work , if the contractor does not deliver the produced piece of work to the assembly site at the latest by June 24, 2010.  Pre-payment invoice amounting 40% of the agreed piece of work price will be paid upon delivery of the produced piece of work to the assembly site against the pre-payment invoice issued by the contractor.  Pre-payment invoice amounting 30 % of the agreed piece of work price will be paid by the orderer after completion of the piece of work assembly under article IX, Section 8 of this contract and after written confirmation of the completion of the piece of work assembly against the pre-payment invoice issued by the contractor.  The contractor shall issue the final invoice for the agreed piece of work price after the complete handover and commissioning into the pilot operation. The orderer advance payments will be deducted from the total price. Additional payment is 10% of the agreed price for the piece of work. 2. The invoice shall include tax document particularities stipulated by VAT act and mercantile

Stránka 19 z 41 paper in accordance with § 13a of the Commercial Code and apart from legal particularities, it will include the contract number of the orderer and contractor. Should a foreign contractor be involved, the tax document - invoice will contain the following information:

a) the contractor and orderer identification b) tax document registration number c) the subject and scope of invoiced performance d) the date of tax document issue e) the date of performance realized f) performance price as well as unit prices, if required

The invoice is due 60 days from the invoice receipt by the orderer.

3. If the invoice does not include the agreed or statutory requirements or contains incorrect data, the orderer is entitled to return it to the contractor by the date of its due date. In such case, the contractor is obliged to issue a new invoice with a new due date.

VII.

The transition of ownership and the risk of damage

1. The counter party has agreed that the piece of work will be the orderer property from the beginning on. 2. Risk of damage of the piece of work goes from the contractor to orderer on the day of the piece of work handover to the orderer under Article X of this contract.

VIII.

Rights and obligations of contract parties

1. The orderer is obliged to hand over the assembly site in a protocol before transportation and installation to the assembly site. The contractor agrees to notify orderer in writing about the date and time of start of the transportation and installation, at latest 20 working days before the start of transportation and installation to the assembly site. The parties will agree on handing over the assembly site in a protocol thereafter. The orderer agrees that the assembly site will be handed over to the contractor in such condition, that the contractor will be able to proceed smoothly in the execution of this contract. 2. The contractor agrees to secure the assembly site at its own expense. If it is required to reduce traffic on roads or in areas related to orderer assembly site as a result of performance, the contractor will ensure the necessary permits and all appropriate signs at his own expense. 3. During the piece of work performance, the contractor undertakes to ensure order and cleanness on the assembly site and access roads, including snow removal on the roads which are part of the assembly site area, at its own expense. 4. The orderer has the right to control the piece of work at each stage of its performance. In particular, the check will involve those parts of the piece of work, which will be covered. The contractor is required to call upon the orderer to check covered parts of the piece of work three working days in advance through entry in the assembly log book. Within 24 hours after checking the covered parts of the piece of work, the orderer is obliged to deliver positive or negative statement on the performance of the covered parts of the piece of work via entry in the assembly log book or through a written notification. 5. During inspection of covered parts of the piece of work, the contractor is obliged to submit the contractor with results of all tests, evidence of the quality of materials used on the performance of those parts of the piece of work, certificates, tests and everything needed to document under this contract, CD technical conditions, generally binding legal regulations and mandatory technical standards to the orderer. If, by covering certain parts of the piece of work resulted in disabled access to other parts of the piece of work, hence in disabling their future inspection, the contractor shall submit at inspection the same documents even regarding those parts of

Stránka 20 z 41 the piece of work. 6. In the case that the orderer does not appear to check the covered parts of the piece of work and fails to deliver its opinion in the period specified in paragraph 4 of this Article, the contractor is authorized to cover the part of the piece of work involved. In case that the contractor will be obliged to uncover the covered part of the piece of work at the later request of the orderer, the costs of uncovering and subsequent covering will be borne by the orderer. 7. If it was clearly evidenced during performance of the piece of work that it was done by the contractor in such manner, that at its completion it will not be in accordance with the contract, CD, binding legal regulations, binding technical standards or binding procedures of the orderer, the contractor is required to remove this discrepancy even during performance of the piece of work, specifically within 15 days from the receipt of the written request raised by the orderer. In the opposite case, the orderer is entitled to remove these shortcomings through a third party and at the contractor's expense. 8. If the orderer finds out during the performance of the piece of work that the materials used by the contractor for performance of the piece of work are not in accordance with CD, the contract, or do not or will not meet specified tests, generally binding legal regulations, binding technical standards or the subject of the piece of work, such materials shall not be used by the contractor for the performance of the piece of work and they will have to be removed from the site of performance in the deadline set unilaterally by the orderer and will have to be replaced by other impeccable materials. 9. The orderer undertakes to hand over FD to the contractor within 5 working days since signing this contract. 10. The orderer is obliged to provide necessary assistance for the piece of work accomplishment to the contractor, provide him with requested information, drawings and assembly site access with below mentioned exception. The contractor acknowledges that the piece of work can be connected to the orderer technologies and put into operation at the shutdown of whole plant of the orderer for whom the piece of work is intended. For this purpose, the plant will shut down from October 10 to 19, 2011 which is acknowledged by the contractor who undertakes to meet that deadline. Following October 19, 2011, the pilot operation will be initiated.

11 The orderer undertakes to keep following measures in term of safety, fire protection and hygiene:

11.1 In case that the piece of work under this contract will require obligations observance according to Act No. 309/2006 Sb. and Decree of the Government No. 591/2006 , the orderer will let health and safety plan developed for this piece of work, will appoint a Work Safety and Health Protection Coordinator and will meet reporting duty in the area-respective Regional Labor Inspectorate. 11.2 Upon request of the contractor, provide the necessary information to perform the piece of work and to provide the contractor with access to the spaces needed for performing the piece of work . 11.3 To inform the contractor about the origin, extent, or the cause of failure or accident incurred at his premises which affects the performance of the piece of work by the contractor. The orderer must indicate the period of anticipated interruption of the piece of work of the contractor. 11.4 Upon request of the contractor, to organize security and fire protection training free of charge for all contractor employees, all employees of its subcontractors, if needed, so that all those people working in the orderer's premises on the execution of the piece of work were trained as required. The contractor will hand over the list of those persons prior to start of the piece of work to the orderer. 11.5 To notify on new operating hazards in the places of the piece of work performance. 11.6 To ensure pre-medical production classification of first aid according to its traumatological plan to all employees of the contractor and for all employees of its subcontractor, if required. 11.7 To ensure fire supervision after completion of welding works and provide assistance in the areas of risk of fire occurrence.

Stránka 21 z 41 11.8 To ensure company entry permit for contractor's or subcontractor’s technology vehicles required, in accordance with principles specified in internal orderer regulations. 11.9 Responsibilities of the orderer, referred to in paragraphs 11.2 to 11.8 are organized by a person appointed by the orderer.

12 The contractor undertakes to comply with following measures in term of safety, fire protection and hygiene:

12.1 In case of health and safety plan prepared for this piece of work, the contractor will respect and comply with this plan; in case of establishing a Health and Safety Coordinator, he will respect instructions of such person 12.2 The contractor shall comply with all generally applicable laws, regulations and technical standards covering hygiene, environment, drug addiction, safety, fire protection, etc. by performance of this contract and by performance of contracts of the piece of work concluded in compliance under this contract. 12.3 The contractor shall comply with general duties and regulations of the orderer stipulated by Directive S 472. 12.4 The contractor shall fully respect the ban on activities of external companies on the orderer place according to Directive S 472. By signing this contract, the contractor confirms that it has received this Directive from the orderer and has been acquainted with it being aware of the risks at the orderer’s place (Section 5.4 of Directive S 472). 12.5 If a person is proved to have consumed alcohol or other intoxicants (security service report), the person concerned will not be allowed to enter the orderer’s premises 12.6 The contractor shall provide its employees with visible company identification on their clothing. The same requirement will be met by its subcontractors. 12.7 The contractor shall organize wearing of protective helmets of an approved type (color is not specified) by its employees and subcontractors which enter the factory and premises. The protective helmet is not required to be used at following company facilities (buildings) and during following activities: - on the way to the shift (from the reception desk to the dressing room) and from shift (from the dressing room to the reception desk), while moving between production facilities outside the reach of technological equipment, except for the operational facility PC 20 – timber-yard - in offices, control rooms of individual PCs, sanitary facilities, day rooms, conference rooms, archives, registers, corridors and stairways that are part of these premises, - in cafeterias and canteens and in cabs of transport and handling equipment (forklifts with ROPS, loader, cars) - in the lodge and reception facilities, - in non-production facilities (fire rescue, material storage, workshops, laboratories) - in fodder yeast storages, cellulose storages, cellulose and fodder yeast packaging lines and at separation, - during special activities where the use of helmets would increase risk to the device safety (for example drying machine start-up, cleaning and inspection inside the tanks), - during special maintenance activities (welding, inspection inside the device and tanks, installation in constraint areas), - in buildings and facilities outside the area of corporation (for example gas stations, sewage line, landfill, sedimentation tank), at all activities where the use of helmets would result in a bigger risk than a potential head injury to employees or equipment safety. 12.8 The contractor shall ensure visible identification of his vehicles or vehicles of subcontractors entering the orderer premises. The contractor takes into account that they are unprotected railway crossing marked by traffic signs in the orderer premises. Upon repeated findings of traffic rules infraction by vehicles of the contractor or his

Stránka 22 z 41 subcontractors, the permission to enter the orderer premises of the vehicle concerned, will be withdrawn 12.9 All imported materials, tools and equipment of the contractor or his subcontractors must be registered by the security service at the entry to the orderer premises, in order to prove later, that the item is their property. 12.10 If an unauthorized carry-out is reported of the orderer property from the orderer premises (based on a report of the company security guard), i.e. the case when the contractor, his subcontractors or its employees cannot prove that they have received a permit to carry out things under Directive S 462 (Permit Rules), the person detected will lose their permit to enter the orderer premises. 12.11 The contractor shall perform the piece of work in such manner that no damages are caused to the orderer. The contractor shall ensure safety of its employees or persons contracted for the piece of work performance, control and supervision of the orderer technological devices used for the piece of work performance. General safety which is not related to the subject of the piece of work performance is ensured by the orderer. 12.12 The contractor shall not switch on/off technological devices on its own, without the presence of the orderer representative. 12.13 The contractor shall protect and take care of things which were lent or otherwise handed over by the orderer. 12.14 The contractor has got acquainted with environmental and existing risks of the place where the piece of work is going to be performed and does not require the orderer to change it. If repairs of technological equipment are required under this contract, the contractor will assess risks for such activity. 12.15 The contractor shall file, report and forward records on work accidents of its employees in accordance with relevant regulations. In case of fault or complicity on injury of the orderer employee, by operating its equipment, etc., the contractor has to call its appointed representatives to participate in the investigation of such accident causes and adoption of actions. 12.16 For the purpose of monitoring accidents of employees of external companies in the premises, the contractor is required to report all injuries resulting in sickness leave incurred to its employees at performance, motion and dwelling at the site at the latest by 5 days after the accident occurrence. Reporting can be made: . By calling extension 2192 or the line of Work Safety and Health Protection and Fire Protection (TAM telephone, extension 3333). . By an e-mail to [email protected] The following data must be specified when reporting an injury: - The complete company name - Date and hour of injury incurrence - Place of injury incurrence - Activity in which the accident occurred - Occupation of person injured - Source of injury - Cause of injury - Other person contributory (individual or corporate body) - Measures

This report does not relieve the contractor as an employer from the obligation to record injuries under the meaning of Gov. Reg. No. 201/2010, including sending the "Accident record" to institutions referred to in the Decree of the Government. In case of failure with these requirements, this is deemed as breach of the contract by the orderer. 12.17 Only dedicated and specified roads and accesses to individual work areas should be used while manufacturing and operating facilities which are not related to their activities should not be entered. 12.18 Washing of passenger cars, trucks and handling equipment outside the designated areas is forbidden, especially on open roads with drainage to storm sewerage.

Stránka 23 z 41 12.19 To cover the costs for false Fire Fighting Brigade emergency intervention of the orderer caused by the contractor, according to their price list. 12.20 To keep ban on smoking in all buildings located within the fenced area of Biocel Paskov. When violating the ban on smoking by an employee of the contractor or a person (the ‘external company’ thereinafter) who was involved in the piece of work performance within the company,, such act is deemed to be a breach of the contract - breach of security regulations, which the contractor was acquainted with. 12.21 To instruct the orderer on risks arising from its activities under this contract. 12.22 To follow the guidelines of Fire alarm directives (fire alarm call, the primary intervention, fire reporting, etc.) in case of the fire in the area. The contractor is obliged to report fire in the area of the orderer and also the fire extinguished by employees to the orderer Registration Office (dispatching of Fire and Rescue Service), indicating the place of fire, time of fire, company name, the damage caused by fire, saved values, consequent damages and the name of an employee who reported the fire. This notice does not relieve the contractor to notify the fire occurrence to appropriate bodies under Fire Protection Act No. 133/1985 Sb. 12.23 All works connected with open fire under Directive S 422 - Fire safety at using open flame, carried in the orderer premises or facilities, except for approved permanent welding places must be conducted in accordance with the Directive of Ministry of Interior No. 87/2000 Sb. and the orderer Directive S 422. It means it has to be reported by the authorized employ- ee according to the location of the piece of work performance and following risk assessment, primary and special fire protection measures including eventual issue of an Order to perfor- mance of works, must be determined.

13. Information obligation of the contractor: 13.1.a) In case that the contractor, within the subject of this contract, assigns also persons who are not citizens of the Czech Republic but are citizens of the European Union (EU), the Euro- pean Economic Area (EEA) or Switzerland, or foreigners who do not need the work permit, the contractor is required to fill in a "Personal file for work assignment in the Czech Repub- lic" (EL) and hand it over to the orderer technical representative at least 3 days before the arrival of these persons to work at the site of the orderer. The contractor is also obliged to inform the orderer technical representative without delay on all changes in the data provid- ed in the EL. 13.1.b) The contractor is not subject to the obligation referred to in paragraph 13.1.a) when it fulfilled its obligation to notify the competent Labour Office regarding their employees who are citizens of the European Union (EU), the European Economic Area (EEA) or Switzerland, or foreigners who do not need permit (§87 of Act No. 435/2004 Sb. about Employment) 13.1.2. Contractor's obligations specified in point 13.1 shall also apply in case that the contractor will perform the subject of this contract via employees of subcontractors, who are citizens of EU / EEA, Switzerland or foreigners who do not need work permit.

14. The piece of work is funded by the European Union, European Union funds, namely by Cohesion Fund and European Regional Development Fund under the Environmental Operational Program. The contractor is required to raise a large scale information panel at the installation location and the memorial plaque with text, in the form and within the time specified by the guidelines, methodologies, and relevant rules of EOP and / or governing body of EOP after piece of work completion and its handover.

15. The contractor is obliged to cooperate and provide the necessary documents and to endure the control by authorized public authorities, particularly the State Environmental Fund of the Czech Republic, Ministry of Environment of the Czech Republic and possibly other relevant authorities which have the right to control the Environmental Operational Program. The contractor is required to permit verification to all bodies of the implementation structure of the Environmental Operational Program, responsible control authorities of the Czech Republic and authorized staff of the European Commission and European Court of Auditors. The contractor is also required to implement corrective actions imposed on it by authorized bodies, in time, scope and quality as required by the competent inspection authority on the basis of inspections carried out to monitor the project. At the same time, the orderer shall notify the contractor on the compliance of corrective actions and who ordered such measures.

Stránka 24 z 41 16. The contractor must provide the orderer, or other persons specified by the orderer with all required information, document their activities, to provide all documentation related to the project for 10 years following the year in which the orderer receives the final evaluation report of the piece of work whose performance is related to this contract. The contractor is required to transfer this to its subcontractors, too. The contractor is required to archive all documents related to performance for 10 years following the year in which the orderer receives the final evaluation report of the piece of work whose performing is related to this contract.

17. The contractor agrees that, by the performance of this contract, it will meet all obligations arising from the STANDARD documents, charter II, Part 6 - welded connections and non-destructive tests, which are included in the CD technical specification and it will commit their subcontractors to its performance, too.

18. The contractor undertakes to manufacture, install and assemble six pieces of tanks, while producing, installing and assembling it on its own and will not subcontract them.

19. The contractor is not entitled to change a subcontractor or to subcontract a part of the job order to a subcontractor without the prior written consent of the orderer. The list of subcontractors and description of the performance that will be delivered by them within the performance of this contract is specified in Annex No. 4 of this contract.

20. The contractor, its subcontractors and their employees are obliged to respect the obligations arising from general safety guidelines for employees of foreign companies which are specified in Annex No. 1 of this contract.

21. The contractor undertakes to proceed during installation and assembly of the piece of work assisted by suppliers of relevant deliveries and building works of the Project of the 4th stage of Secondary Regeneration, mainly with suppliers of Venturi Scrubber and Droplet Separator, steel construction and other construction so that the deadline of the piece of work completion and pilot operation initiation could be complied with in accordance with Article IV, Section 3.3 and VII, Section 10 of this Contract.

IX.

Keeping the assembly logbook

1. The Contractor shall keep the assembly logbook during the piece of work performance which is used as documented evidence on its performance. Entries in the assembly logbook start with the recorded acceptance of the assembly site in a protocol. 2. The assembly logbook records involve all facts relevant to the contract execution, mainly information on time progress of works, the quality of the piece of work and reasoned deviations against the project documentation, and finally, on the result of acceptance process involving covered parts. 3. The logbook consists of introductory sheets, daily reports and annexes. 4. Daily reports are written in the logbook with numbered lists, both solid and perforated for two separable carbon copies. Perforated sheets are identically numbered with solid sheets. Daily records are written legibly and are signed by technical representatives of each contractual party or persons representing them. Those persons are listed on the first page of the logbook. As a rule, entries are made on the day when works were carried out or such circumstances, which are subject to the record, occurred. Daily entries must not include blanks, so that no records could be added into them later. The stated representative of the contractor shall pass on a copy of each entry to the orderer representative on the day when the entry was made. 5. A representative of the project documentation developer, state construction supervision authority or another state supervision body are also authorized to inspect the logbook and make entries herein pursuant to Article VII, Section 15 of this Contract. 6. In case that the authorized representative of a contracting party disagrees with the entry made by an authorized representative of the other contracting party or other person referred to in Section 5 of this article, they are obliged to add their statement on the record within three working days. In opposite case, it is considered that they agree with the content of the entry.

Stránka 25 z 41 However, annexes to the contract cannot be concluded as such. Those must be made in the form of a written annex to the contract signed by the statutory representatives of both parties, or representatives in matters relating to the contract. 7. The contractor is obliged to save a copy of the daily entries separately from the original copy to have it available in case of loss or destruction of the logbook. The contractor shall protect the construction (assembly) logbook against theft and damage, while saving it until all obligations arising from this contract execution are met by the parties. 8. The assembly is completed when the piece of work is ready to be connected to other technologies of the orderer. The protocol on the assembly completion will be developed in accordance with Article X, Section 3 of this Contract.

X. Handover and acceptance of the piece of work 1. The obligation of the contractor to carry out the piece of work is fulfilled by its due completion and written handover to the orderer. The piece of work is considered to be properly completed when it is done without defects and backlogs and pilot operation was launched on a due date in accordance with Article IV, Section 3.3, which showed that the piece of work met requirements and operating conditions specified in the CD and FD.

2. If the pilot operation does not start within one month after the deadline specified in Article IV, Section 3.3 for reasons that were not caused by the contractor, the piece of work will be considered to be duly completed.

3. Proper completion of the piece of work assembly at the assembly site will be certified by the assembly protocol signed by the orderer and contractor. The contractor shall complete the assembly in the period stipulated under Section 3.2 of this Contract.

4. The contractor’s technical representative will call on in writing a technical representative of the orderer at least 3 working days prior to the handover and acceptance of the piece of work. The contractor shall ensure participation in the acceptance process of those of its contract partners whose participation is needed for the sake of the proper handover and acceptance of the piece of work.

5. The protocol on hand-over and acceptance of the piece of work will be signed by both parties in terms of technical issues. The protocol must specify what piece of work is the subject of the handover and acceptance, if it is handed over without defects (a defect of the piece of work is also understood as a failure of criteria specified in technical conditions of ZD and DD) including backlogs, and whether it is accepted by the orderer. If the orderer refuses to accept the piece of work, it is obliged to state reasons for it in the protocol including proposals on how to eliminate defects and backlogs. The contractor is obliged to eliminate defects in the piece of work and duly hand over the piece of work at the shortest time and no later than 30 days after the last hand over proceeding. If no agreement is obtained between the contracting parties on whether the piece of work has defects or backlogs, the parties may agree the expertise examination performed by an agreed competent legal or natural person. If the defects and backlogs are not eliminated within 30 days from the date on which the piece of work should be handed over under this contract and if no other written agreement between the contracting parties is made, the orderer may withdraw from the contract. The parties may agree that instead of defects and backlogs removal, the discount from the price of the piece of work will be offered or those parts which show defects or backlogs will be replaced.

XI. The contractor's liability for piece of work defects 1. The contractor is responsible for defects during the guarantee period, which is...X.... months and begins by acceptance of the piece of work by the orderer. 2. If the orderer finds defects of the piece of work within the warranty period at the latest, the

Stránka 26 z 41 orderer shall promptly advise (raise a claim) the contractor in writing. Such announcement (claim) will include description of defects by the orderer and indicate how such defects manifest and what compensations by virtue of defects eliminations are required. Instead of elimination of defects, the orderer may request a discount from the price of the piece of work or replacement of parts of the piece of work that are affected by such defect. If it is not specified what compensations are required by the orderer, it is deemed that the orderer requires elimination of defects. 3. The contractor is obliged to remove defects of the piece of work at its own cost within 10 days of the complaint delivery, unless other deadline is agreed in writing. If the contractor fails to remove the defects of the piece of work in this period, the orderer has the right to withdraw from this contract. 4. If the contractor does not remove the defects of the piece of work within the period specified in Section 3 of this Article and the orderer does not withdraw from this contract, the orderer is entitled, following notification sent to the contractor, to have the defects of the piece of work removed by a third party. If so, the orderer has the right to require compensation from the contractor of costs connected with for elimination of defects via a third party under the condition, that the incurred costs are demonstrable and reasonable.

XII.

Contractual penalties

1. In case that the contractor fails to complete the piece of work and to hand it over to the orderer within the deadline specified by the contract, the contractor will pay the penalty of 0.1% of the price of the complete piece of work for every started day of delay, until the date when it is handed over without defects and backlogs, or withdrawal from the contract is made. 2. The contractor undertakes to pay the orderer the contractual penalty of 0.1% of the price of the complete piece of work for each started day of delayed assembly completion against the period specified in Article IV, Section 3.2 of this Contract. 3. In case that the orderer accepts the piece of work with defects and backlogs and the contractor does not eliminate those defects or backlogs within the period specified in the contract or time limit agreed by technical representatives of the parties in the protocol of handover and acceptance, the contractor shall pay a penalty equal to the costs needed to eliminate defects or backlogs. 4. If the contractor does not remove the defects within the warranty period specified in this contract or other period agreed in writing, the contractor shall pay the penalty amounting CZK 50,000 for each defect and day of delay to the orderer, until the defects within the guarantee are removed or until the orderer withdraws from the contract due to the failure in removing defects, or until the parties conclude the written agreement to provide discounts of the price or until the orderer notifies the contractor that the defects will be removed by a person other than the contractor. 5. Contractual penalties do not affect the orderer rights to compensation of the damage and the obligation ensured by the contractual penalty will not cease. In addition to the compensation of damage, the orderer is entitled to request even the contractual penalty. 6. For delay in payment of invoices or other monetary claims, the party required to pay to the legitimate party will pay the interest on late payment of 0.03% of the outstanding amount for each day of delay until the full payment of financial duty is made. If the orderer´s payment is delayed by more than three months, the contractor may withdraw from this contract. 7. The contractor will pay penalty of CZK 5 000 per day to the orderer for the contractor delay caused by clearing out the assembly site. 8. The contractual penalty is due within 30 days from the receipt of the billing of the contractual penalty to the liable contractual party to its address set forth in the heading of this contract or other, clearly advised address. XIII.

Termination of the contractual relationship

1. The parties may terminate the relationship based on this contract by a written agreement or a unilateral withdrawal in writing of one or the other party from contract in the cases stipulated by this contract or the Czech Commercial Code.

Stránka 27 z 41 2. Withdrawal from this contract is effective by delivering the written withdrawal to the other contractual party. 3. Among others, the contractual parties consider as a substantial breach of contract the delay of the contractor in completion of the piece of work by more than 14 days and delayed invoices by more than 3 months after their due date. 4. In case of withdrawal from the contract, the contractual parties will check the stock of works performed until that date and of received payments, within ten days from withdrawal from the contract. Then, they will settle their claims and liabilities within 30 days from withdrawal from the contract, unless a different deadline is agreed in writing, 5. Within this period, the contractor will also leave and clear out the place of performance and will hand it over to the orderer. 6. The orderer is entitled to withdraw from this contract, if it will not receive support under the Environmental Operational Program, or will be obliged to return this grant even partially, or the competent authority of the funding granted by the Environmental Operational Program body is of an opinion that the bidding process concluded on the basis of this contract does not comply with rules of procurements which are financed, be even partially, from the Environmental Operational Program.

XIV.

Compensation for damage

1. The contractual parties shall be responsible for damages caused by breach of this contract or generally binding legal regulations. Compensation for damage consists in paying the actual damages and lost profit. XV.

Force majeure

1. Force majeure involves those circumstances which exclude the liability of one or both parties from the performance of this contract. The circumstance excluding liability are considered to be an obstacle, which occurred independently on the will of the liable party and prevents it from fulfilling its obligations, should it be not reasonably assumed that the liable party could avert or overcome the obstacle or the liable party foresaw such obstacle at the time of the liability incurrence. The responsibility is not excluded by the obstacle that occurred only at times when the liable party was on default with meeting its obligations or was caused by its economic situation. Effects excluding liability are limited only for the period when the obstacle, which those effects are connected with, persists. 2. The cases of force majeure for purposes of this contract shall be considered a war conflict, natural disaster, general strikes, fire, mobilization, nationalization, embargo, and restrictions arising from the decision of the State. 3. The party asserting these circumstances excluding its liability for this contract execution, shall, if the circumstances of the case allow, notify the other party that specific circumstances foreclosing liability on its part arose including the estimated time that the circumstances will last. 4. If factors, which exclude responsibility exceed one month, each of the parties can withdraw from the contract. XVI.

Judicature

1. The conclusion of this contract, this contract and relations resulting from it are governed by the Czech law. 2. Any disputes arising from this contract will be solved by Czech General Court.

XVII.

Stránka 28 z 41 Final provisions

1. Should discrepancies between the specifications of the listed in Annex No. 2 of this contract and the specification included in CD were identified, mainly regarding CD technical documentation, the CD shall be effective. 2. Any amendments and additions to this contract can only be made in writing in the form of annexes to this contract. 3. Documents delivered during this contract execution are delivered by the parties via registered letter addressed to the other party address set forth in the heading of this contract, or to the address demonstrably notified by the other party. 4. This contract is made in two original copies while each Contracting Party shall receive one of them. 5. Annexes No. 1, 2, 3 and 4 also given below and in this contract are an integral part of this contract. 6. The contractual parties confirm the entire content of this contract via signatures of persons acting on this contract.

Annex No. 1: General safety guidelines for employees of external companies - submitted electronically Annex No. 2: Specifications of the piece of work, Annex No. 3: The Contractual Documentation Annex No. 4: Subcontractors

In ...... of the day ......

The Orderer The Contractor

Biocel Paskov a. s. ……………………………………….. Ing. Ivo Klimša, Chairman of the Board

Biocel Paskov a.s.

Ing. Vojtěch Podmolík, a Board Member

Stránka 29 z 41 Annex No. 3 Qualification of applicants

The applicant qualification requirements are specified in the announcement on contractual documentation commencement. Requirements listed here only specify the submitter requirements for qualification published in the notice of contractual documentation commencement in detail.

1. Proving the compliance with basic qualification requirements

Each applicant shall prove compliance with the basic qualification requirements according to § 53 Section 1 of the Act. The applicant proves the basic qualification requirements pursuant to § 53 Section 2 of the Act.

The basic qualification requirements are met by the applicant:

a) who was not lawfully convicted for a crime committed for the benefit of an organized criminal group, the crime of participation in an organized criminal group, money laundering, evasion, bribery, corruption, indirect bribery, fraud, loan fraud, including the cases involving the preparation, attempt or participation in such crime, or when effacement of a conviction for committing such a crime occurred. Should a legal entity be involved, the statutory body or any member of the board must meet this presumption and, if the legal entity is statutory body of the supplier or a member of statutory body, the statutory body or any member of the board of the legal entity must comply with this presumption. If a foreign legal entity bids or requests to participate through its branch, the presumption hereunder shall also be met by the head of this branch in addition to those persons. This basic qualification presumption must be met by supplier in relation to both the Czech Republic and the country of its headquarters, place of business or residence,

The applicant shall prove compliance with this basic qualification presumption through submitting the extract from the Criminal Records.

b) who has not been lawfully sentenced for a crime the merit of which is related to the subject of the supplier business under special legislation, or when effacement of a conviction for committing such crime occurred; should a legal entity be involved, the statutory body or any member of the board must meet this presumption and, if the legal entity is statutory body of the supplier or a member of statutory body, the statutory body or any member of the board of the legal entity must comply with this presumption. If the foreign legal entity bids or requests for participation through its organizational unit, the presumption hereunder shall be met also by the head of this organizational unit in addition to those persons. This basic qualification presumption must be met by supplier in relation to both the Czech Republic and the country of its headquarters, place of business or residence,

The applicant shall prove compliance with this basic qualification presumption through submitting the extract from the Criminal Records.

c) who did not complete the objective element of unfair competition by means of bribery under a special legal regulation,

Stránka 30 z 41 The applicant shall prove compliance with this basic qualification presumption through submitting the statutory declaration. d) whose assets is not or was not subject to insolvency proceedings in which the decision on the bankruptcy was given within the past 3 years or insolvency petition was not rejected because of insufficient assets to cover the costs of insolvency proceedings, or bankruptcy has not been canceled because the property was entirely inadequate, or the imposition of forced administration under special legislation was established,

The applicant shall prove compliance with this basic qualification presumption through submitting the statutory declaration. e) who is not in liquidation,

The applicant shall prove compliance with this basic qualification presumption through submitting the statutory declaration. f) who has no recorded arrears of taxes in accounting, both in the Czech Republic and the country of residence, place of business or residence of the supplier,

The applicant shall prove compliance with this basic qualification presumption through submitting the confirmation of relevant revenue office and submitting the statutory declaration in relation to consumption tax. g) who has no arrears of payments and penalties for public health insurance, both in the Czech Republic and the country of residence, place of business or residence of the supplier,

The applicant shall prove compliance with the basic qualification presumption through submitting the statutory declaration. h) who has no arrears of insurance and penalties for social security and state employment policy, both in the Czech Republic and the country of residence, place of business or residence of the supplier,

The applicant shall prove compliance with this basic qualification presumption through submitting the confirmation of relevant authority or institution. i) who has not been lawfully disciplinary punished in the past 3 years and who has not been imposed in disciplinary action in accordance with special legislation, should evidence of professional qualification in accordance with special regulations according to § 54 letter d) is required. If the supplier performs such activities through a responsible representative or other person responsible for the activities of suppliers, this presumption applies to those persons,

The applicant shall prove compliance with the basic qualification presumption through submitting the statutory declaration. j) who is not recorded in the register of persons prohibited from the performance of public contracts,

The applicant shall prove compliance with the basic qualification presumption through submitting the statutory declaration.

Stránka 31 z 41 k) who will submit the list of partners and members, should a legal entity be involved,

The applicant shall prove compliance with the basic qualification presumption through submitting the list.

l) who submits list of employees or board members who ed in the past three years at the supplier and were in decision making position for deciding on procurement and

The applicant shall prove compliance with the basic qualification presumption through submitting the list.

m) who, being in a status of the joint stock company, has issued only registered shares and submitted the list of current shareholders in the period under § 52 of the Public Product Act.

The applicant shall prove compliance with the basic qualification presumption through submitting the list and the extract from Trade Register.

Evidence proving compliance with the basic qualification requirements shall not be older than 90 calendar days from the last date for which proof of compliance with qualification shall be proved.

2. Proof of compliance with professional qualification requirements

By submitting the bid, every applicant proves the compliance with professional qualification requirements according to § 54 Letter a) and b) of the Act, through submitting:

a. The extract from Trade Register, if registered, or an extract from other equivalent evidence, if registered,

The extract from Trade Register shall not be older than 90 calendar days from the last date for which proof of compliance with qualification shall be proved.

b. The document of authorization to do business in accordance with special laws to the extent of the object of public procurement, in particular the document of business license or license. The submitter requests to submit business license authorizing the production of machines and equipment, namely the trade certificate or extract from the Trade Register for this public contract.

3. Proof of compliance with economic and financial qualification requirements

At submitting the bid, every applicant will prove compliance with economic and financial qualification requirements according to § 55 letter a) and c) of the Act, via submitting the following documents:

a) a statement on the overall annual turnover of the applicant realized under special legislation for the last three accounting periods. If the applicant opened his business later or lawfully launched the activity related to the subject of public contract later, it’s satisfactory to submit data on its turnover for all

Stránka 32 z 41 accounting periods since its establishment or the initiation of appropriate action. The limit to meet the qualification criteria is set to CZK 10 million / each accounting period for the total turnover obtained. The applicant shall prove it through submitting the statutory declaration.

b) the document on liability insurance for damage caused by the performance of business activity amounting of at least CZK 5.000.000 for every insurance event with insurance validity until mid-2012. The applicant shall prove it through submitting the insurance contract. .

4. Evidence of compliance with technical qualification requirements

At submitting the bid, every applicant will prove compliance with technical qualification requirements according to § 56, Section 3, letter a) and § 56, Section 4 of the Act, via submitting:

4.1 The list of major supplies from the area of production and assembly of similar technical equipment for chemical operations, namely of minimum two deliveries amounting in total CZK 3.000.000,-- realized by the applicant over the past 3 years and the client’s confirmation of due performance of two of the most important supplies. Those confirmations must include the subject, price, delivery time, including the statement whether these were done properly and professionally.

The list of supplies will be submitted by the applicant through the statutory declaration and the confirmation will be documented by reference provided by the orderer.

4.2 Quality Management System certificate. The applicant will submit the evidence of compliance with the qualification criteria according to § 56 Section 4 of the Act through the presentation of quality management system certificate issued under the Czech technical standards by an accredited person (ČSN EN ISO 9001), namely for the certification area related to the subject of this contract. The submitter will accept the equivalent documents issued in a member state of the European Union. The submitter will also accept other evidence of equivalent quality assurance measures.

4.3 The list of technicians who will be involved in the contract execution, while: • at least one technician must have experience with at least two similar supplies (i.e. contract in the area of manufacture and assembly of technical equipment for chemical operations while the total value of these supplies must amount minimally CZK 3.000.000), and at the same time • at least one technician must master English or German language at the level of very good dialog language, and excellent technical language.

The list of technicians will be documented via statutory declaration and their professional expertise and language skills will be documented via statutory declaration, as well.

4.4 the description of the supplier through the statutory declaration on measures to ensure quality performance according to the standard of Biocel Paskov a. s. company – STANDARD, charter II, part 6 – Welded connections and non-

Stránka 33 z 41 destructive tests being a part of Basic Engineering (Welded connections and Non-destructive testing_Rev.1).

The applicants shall submit the compliance with the qualification through statutory declaration about the compliance with standards described in the STANDARD document, charter II, part 6 – Welded connections and non- destructive tests (the statutory declaration sample is as Annex No. 6 of this contractual documentation).

5. Consequences of qualification failure

5.1 The qualification is not met by the applicant who has not submitted data and information on qualification in the scope specified in contractual documentation including the documents according to the provisions of a law or did not meet the duty stipulated in § 58 of the Act. The submitter may require from the contractor to explain submitted information and documents in writing or submit any additional information or documents proving compliance with qualification. The Contractor shall comply with that obligation within a reasonable period specified by the submitter. 5.2 Applicants who have not met the qualification will be excluded from the tender by the submitter. 5.3 The submitter shall promptly notify the applicant in writing on the exclusion from the tender. 5.4 If the bid is submitted jointly by several applicants, each of them shall prove the compliance with the basic qualification requirements according to § 50 Section 1 letter a) of the Act and professional qualification requirements according to § 54 letter a) of the Act in its entirety. All candidates must prove the compliance with the qualification according to § 50 Section 1 letter b) c) of the Act jointly. 5.5 Documents proving compliance with the basic qualification requirements and the extract from Trade Register shall not be older than 90 calendar days to the last date for which evidence of compliance with qualification shall be proved. 5.6 Foreign supplier proves compliance with the qualification under the law applicable in the country of his residence, its place of business or residence, to the extent required by this law and public submitter. If the document is not issued according to the laws applicable in the country of the foreign supplier headquarters, place of business or residence, the foreign supplier must prove the compliance with the qualification through the statutory declaration. If the obligation is not stipulated which should be complied with within the qualification in the country of residence, place of enterprising or domicile of the foreign submitter, he will make the statutory declaration about that fact. The foreign supplier shall submit documents proving his compliance with the qualification requirements in his native language including translation into Czech language. This applies also for the submitter proving compliance with qualification with documents in other than the Czech language who has his residence, place of business or permanent residence in the Czech Republic. 5.7 Proving of qualification through the extract from the list of qualified suppliers:

For the sake of proving compliance with his qualification, the applicant may submit the extract from the list of qualified suppliers to the submitter, in the period specified for proving the compliance with the qualification, while this statement substitutes the evidence of compliance with:

5.7.1 basic qualification requirements according to § 53 Section 1 of the Act and

5.7.2 professional qualification assumptions according to § 54 of the Act to the extent to which documents demonstrating compliance with these professional

Stránka 34 z 41 qualification requirements cover the requirements of the submitter for proving compliance with professional qualification requirements for the execution of this public contract. 5.8 Proving the qualification through a certificate from the system of certified suppliers The applicant may prove his qualification through submitting a certificate issued by the system of certified suppliers which contains requirements specified in § 139 of the Act to the submitter, in the deadline for proving the compliance with the qualification. The information in the certificate shall be valid minimally by the last date of the time period for proving compliance with the qualification (§ 52 of the Act). Under conditions stated above, the certificate substitutes in the scope of data included herein, prove that the supplier is in compliance with qualification. The submitter will not recognize qualification as evidenced, if the submitted certificate does not show clear and complete range of compliance with the qualification specified by the submitter in this contractual documentation. Moreover, the submitter stipulates, that if the submitted certificate does not clearly show the complete compliance with all respective qualification presumptions indicated by the submitter, the applicant shall attach next documents to the certificate which will clearly prove that the scope of qualification required by the submitter was met by the applicant. 5.9 The applicant must submit copies of documents proving his compliance with qualification requirements.

Stránka 35 z 41 Annex No. 4 Evaluation criteria

1. The evaluation criterion for this public contract submission is the economic advantage of this bid.

2. The applicants bids will be evaluated according to their economic advantages, namely according to following sub-criteria that are ranked in descending order of importance and the relationship between the criteria is expressed in their importance in %:

2.1 The offer price without VAT – 80% of importance 2.2 Warranty period of the in moths – 20% of importance

3. The warranty period and bid price specified in Section 2 of Annex No. 4 will be listed in the draft agreement submitted by the contractor in the bid cover sheet.

4. The warranty period offered is limited to the minimum and maximum value. Minimum value is 2 years and the maximum 5 years.

5. With regard to the fact that the connection of the piece of work to existing technology is only possible through the shutdown of whole factory of the submitter in which the will be placed, and the shutdown is scheduled for October 2011, it is not possible to determine delivery time and the deadline for completion of as a criterion. Bearing in mind that it is necessary to meet strict quality, functional and technical characteristics of the piece of work, it is impossible to establish these as the evaluations criteria as well, but they must be duly specified by the submitter. With regard to above mentioned, the submitter has decided to define criteria of the bid price and warranty period of the piece of work by allocation of the above mentioned ratio. Time duration of the warranty period in months has been determined as an evaluating criterion for the sake of the piece of work quality assurance.

6. The bids will be evaluated by the Evaluation Committee in accordance with § 79 of the Act. The submitter reserves the right to pass the bids to independent experts in order to develop supporting opinions or information for the Evaluation Committee.

7. Method of evaluation:

The bids will be evaluated by the Evaluation Committee whose members are appointed by the submitter.

The bids will be evaluated by allocation of points. The Evaluation Committee will use the scoring scale ranging from 0 to 100 points for the final evaluation of the bids. Each particular bid will be allocated by a number of points according to an individual criterion reflecting the level of success of the bid concerned.

For numerically expressible sub-criteria for which the most suitable offer has the minimum value of criterion, the most suitable bid will gain 100 points. Each next evaluated bid will receive a point value which will result from multiplication by 100

Stránka 36 z 41 and the ratio of value of the most suitable bid regarding the value of the evaluated bid.

For numerically expressible sub-criteria for which the most suitable offer has the maximum value of criterion, the most suitable bid will gain 100 points. Each next evaluated bid will receive a point value which will result from multiplication by 100 and the ratio of value of the most suitable bid regarding the value of the evaluated bid.

Partial evaluation criterion which cannot be expressed in the resulting numerical value will be assessed in such manner, that the Evaluation Committee will establish the sequence of bids from the most suitable to the least suitable and will grant 100 points to the best offer, while the remaining offers will gain such number of points which corresponds to the level of the criterion compliance against the best offer.

If the Evaluation Committee considers the value of other sub-criteria than the bid price as clearly inadequate, 0 points will be assigned to the bid under this sub- criterion.

The evaluation according to the score method will be carried out by the Evaluation Committee in such manner, that individual scores of offers according to particular criteria will be multiplied by the relevant ratio of the given criterion. Based on the sum of resulting values in individual offers the Evaluation Committee will determine the sequence of success of individual offers. The most successful offer will be the one which has gained the biggest score.

Should two or more bids have the same score, the overall sequence of offers is decided by the criterion of the biggest level of significance and even if there is a match in those criteria, the bid price will decide. If even in this case the scores of two or more bids are identical, the draw will decide under the participation of applicants whose offers gained the same scores.

8. The general formula for point values calculating

a) The criterion for which the most suitable bid has the maximal criterion value (warranty period duration)

Value of the bid Number of points = 100* ------Value of the most suitable bid

b) The criterion for which the most suitable bid has the maximal criterion value (bid price)

Value of the most suitable bid Number of points = 100*------Value of the bid

c) Overall rating = number of points obtained within the criterion * criterion significance in %.

Stránka 37 z 41 Annex No. 5

STATUTORY DECLARATION OF THE APPLICANT on the compliance with the basic qualification requirements according to § 53 Section 1 of the Act No. 137/2006 Sb. on Public Contracts

Complete delivery of the Atmospheric Tanks for the Project of 4th Stage of Secondary Recovery

The applicant…………..… (Complete the company name, address, Identification No., registration in the Trade Register or the name, business or residence address, Identification No., registration in another register) hereby declares that he fulfils the basic qualification requirements under the Act No. 137/2006 about public contracts and in the scope under § 53 of this Act, by proving that:

a) none of the statutory representatives of the applicant or other person of the applicant has completed facts connected with performing unfair competition by means of bribery under a special legal regulation; b) the applicant´s property is not subject or has not been subject in recent 3 years to insolvency proceeding resulted in the issue of decision on bankruptcy, or insolvency proposal was not rejected because the level of assets was too low to cover the costs connected with insolvency proceeding, or insolvency petition was not rejected because of insufficient assets to cover the costs of insolvency proceedings or bankruptcy was not cancelled due to absolutely insufficient level of assets or forced administration was introduced in accordance with special legal provisions c) the applicant is not in liquidation; d) the applicant has not arrears of taxes recorded in accounting related to consumer tax; e) the applicant has not arrears on premium and penalties for public health insurance; f) neither the applicant, nor his legal representative responsible for the activities of the applicant were lawfully disciplinary punished within the past 3 years and have not been imposed in disciplinary action in accordance with special legislation g) the applicant is not recorded in the register of persons prohibited from the execution of public contracts.

In……………………., of the day ……………………..

______……….. Name of the applicant/company name of the applicant Acting/represented………….by the agent / chairman / member of the Board / under the letter of attorney

Stránka 38 z 41 Annex No. 6

STATUTORY DECLARATION OF THE APPLICANT on the compliance with STANDARD, Charter II, Part 6 – Welded connections and non-destructive tests

The Complete Delivery of Atmospheric Tanks for the Project of 4th Stage of Secondary Recovery

The supplier …………..… (Complete the company name, address, Identification No., registration in the Trade Register or the name, business or residence address, Identification No., registration in another register)

hereby undertakes that by execution of this contract, he will fulfill all obligations arising from the STANDARD documents of Biocel Paskov a.s. company, charter II, Part 6 - Welded connections and non-destructive tests and agrees that he will commit their subcontractors to this performance too.

In……………………., of the day ……………………..

______……….. Name of the applicant/company name of the supplier Acting/represented………….by the agent / chairman / member of the Board / under the letter of attorney

Stránka 39 z 41 Annex No. 7 Itemized budget

ITEMIZED BUDGET IS CONTAINED IN THE EXCEL FILE „THE BUDGET – ANNEX No. 7 OF CONTRACTUAL DOCUMENTATION“

Stránka 40 z 41 Annex No. 8

STATUTORY DECLARATION OF THE APPLICANT of bid allegiance throughout the whole course of contractual period

Complete delivery of the Atmospheric Tanks for the Project of 4th Stage of Secondary Recovery

The supplier …………..… (Complete the company name, address, Identification No., registration in the Trade Register or the name, business or residence address, Identification No., registration in another register)

hereby declares that it is obliged by entire bid content submitted in this tender of ‘Complete delivery of Atmospheric Tanks for the Project of 4th Stage of Secondary Recovery, namely throughout the whole course of the contractual period.

Total number of bid sheets is………

In……………………., of the day ……………………..

______……….. Name of the applicant/company name of the supplier Acting/represented………….by the agent / chairman / member of the Board / under the letter of attorney

Stránka 41 z 41