Balance Responsibility Agreement between Swedegas AB and the Balance Administrator

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Cecil Boyd
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1 Balance Responsibility Agreement between Swedegas AB and the Balance Administrator

2 This Balance Responsibility Agreement (the Agreement) sets forth the terms and conditions regarding System Balance Responsibility that Swedegas hereby assumes on behalf of the Balance Administrator. This Balance Responsibility Agreement includes the following as applicable on each occasion. Definitions Annex 1 General terms and conditions for Balance Responsibility Annex 2 Reporting and information Annex 3 Balance settlement Annex 4 Gas trading with Swedegas Annex 5 Pricing and charges Annex 6 These annexes are an integral part of the Agreement. In the event of a conflict between the Agreement and any of the annexes, the main section of the Agreement shall take precedence over the annexes. All terms/expressions used in the Agreement and in the annexes shall assume the meaning as defined in Annex 1. Current versions of Annexes 1-6 have also been published on the Swedegas website The Agreement has been assigned agreement number:

3 1. Contracting parties This Agreement has been entered into between: Swedegas Company registration number: Address: Kilsgatan 4 Postal address: SE Göteborg Telephone: +46 (0) Fax: +46 (0) Contact person: and Balance Administrator Company: Company registration number: Address: Postal address: Invoicing address (if different from the postal address): Telephone: Fax: Contact person: 2. Background Swedegas is the System Balance Administrator for the Western Sweden Natural Gas System. This includes, inter alia, responsibility for ensuring that in the short term a balance is maintained between input and offtake of Natural Gas in the Western Sweden Natural Gas System. Pursuant to Section 7, sub-section 4 of the Natural Gas Act, a gas supplier may only supply Natural Gas at an offtake point for which a party has assumed financial responsibility for providing a quantity of Natural Gas that is equal to the quantity withdrawn at the offtake point. Only the party that has entered into an agreement with Swedegas can assume financial responsibility of this nature in the Western Sweden Natural Gas System. This Agreement has been entered into in the light of the above.

4 3. General Terms and Conditions for Balance Responsibility General Terms and Conditions for Balance Responsibility, including the terms and conditions for invoicing and payment, are set forth in Annex Reporting and information Reporting and information takes place according to the stipulations in Annex Balance settlement The procedure for balance settlement is set forth in Annex Gas trading with Swedegas Rules regarding gas trading with Swedegas are set forth in Annex Pricing and charges Gas trading with Swedegas that takes place within the framework of the Agreement is priced according to the terms and conditions set forth in Annex 6. The Balance Administrator is hereby obliged to make payment for Natural Gas purchased according to the rules set forth in Annex 5 and which has been priced according to the terms and conditions set forth in Annex 6. In the same way, the Balance Administrator is entitled to receive payment from Swedegas for Natural Gas sold according to the rules set forth in Annex 5 and which has been priced according to the terms and conditions set forth in Annex 6. In addition to what is stated for gas trading according to the preceding paragraph, the Balance Administrator shall pay the charges that Swedegas levies on each occasion and which are set forth in Annex 6.

5 8. Amendments and addenda For amendments and addenda to the main section of the Agreement to be valid, they must be made in writing and be signed by both parties. Swedegas is permitted to make a change to the Annexes, although providing at least two (2) months' notice is given and only after the Balance Administrator has been given the opportunity to issue a statement. If amendments and addenda to the main part of the Agreement and/or the annexes result in amended terms and conditions for the Balance Administrator, no change of this nature can come into effect before the Supervisory Authority has granted its approval. 9. Effective date etc. This Agreement refers to balance responsibility from 6am on July 1, 2015 and is valid until further notice. The Agreement can be terminated at the end of a month subject to a mutual period of notice of three (3) months. Termination must be made in writing to be valid. However, if an amendment to the Annexes is made by Swedegas, the Balance Administrator is entitled to terminate the Agreement on the date on which the amendment comes into effect subject to a period of notice of at least one (1) month. In order to be valid, termination must be made within one (1) month of the Balance Administrator's receipt of notice of the amendment. Subject to the conditions set forth in Annex 2, Swedegas can also terminate the Agreement with immediate effect. However, the payment obligation of the Balance Administrator according to point 7 above applies until such time all gas trading between the Balance Administrator and Swedegas and all charges according to the Agreement have been settled financially. 10. Assignment The Balance Administrator may not, either wholly or in part, assign rights or transfer obligations according to the Agreement without the written consent of

6 Swedegas. Such consent may not be denied if the assignee satisfies all the requirements laid down in the Agreement. In the event a legal entity other than Swedegas is appointed by the government to assume System Balance Responsibility, Swedegas is entitled to assign the Agreement to this entity, following written notification. 11. Governing law and disputes Disputes regarding the validity of this Agreement and its inception, interpretation or application, as well as any other dispute deriving from legal relations arising as a result of this Agreement, shall not be referred to a public court of law and shall instead be resolved through arbitration according to the Arbitration Act in force at the time the arbitration agreement is invoked. Arbitration proceedings shall take place in Gothenburg. This Agreement shall be governed by Swedish law Place: Place: Date: Date: Swedegas AB Balance Administrator

Special Provisions. Special Instructions to Bidders. Instructions to Bidders. General Conditions

Special Provisions. Special Instructions to Bidders. Instructions to Bidders. General Conditions Contract No.: FORM OF TENDER We, the undersigned Contractor(s) have carefully examined the attached documents as herein listed and forming part of this tender. DOCUMENTS INCLUDED IN CONTRACT Special Provisions