TERMS OF REFERENCE [SIWZ]

Project no.: 2017/CSP/1904 Warsaw, 12.09.2017 TERMS OF REFERENCE [SIWZ] 2017/CSP/1904 Construction or Modernisation of the Limestone Goods Cableway from Piechcin to Janikowo in the 'Design and Build' Formula Table of Contents INSTRUCTIONS FOR TENDERERS... 3 1. Subject of the invitation to tender... 3 2. Contracting Party... 3 3. Merchant conducting the proceedings... 3 4. Place of work execution... 3 5. Key dates in the process... 3 6. On-site visit... 3 7. Questions and Answers... 3 8. Guarantee of Tender... 4 9. Location and date for the submission of offers... 4 10. Division into commercial and substantive parts... 4 11. Submission of a partial offer, variants... 4 12. Conditions for participation in the tendering:... 4 13. Criteria for evaluating offers of tender, in both variants of the valuation:... 6 14. Information and reservations:... 6 15. Annexes... 9 DESCRIPTION OF THE SUBJECT OF THE ORDER... 10 1 Description of the current status... 10 1.1 General description... 10 1.2 The Piechcin - Janikowo Cableway - Technical data... 10 2 Installation requirements... 11 3 Guidelines for the Offer... 11 3.1 General assumptions... 12 COMMERCIAL DOCUMENTS... 14 Annexe no. 2A1 Draft Agreement... 15 Page 1 of 21

Annexe no. 2A2 - General Terms and Conditions for Implementation of the Ciech Capital Group Investments... 15 Annexe no. 2B - Specimens of the guarantees required... 15 Annexe no. 2C - Template of the Offer... 16 Annexe no. 2 Reference List of Projects... 19 Page 2 of 21

INSTRUCTIONS FOR TENDERERS 1. Subject of the invitation to tender 2017/CSP/1904 Construction or Modernisation of the Limestone Goods Cableway from Piechcin to Janikowo in the 'Design and Build' Formula 2. Contracting Party 2.1. Name: CIECH Soda Polska S.A. 2.2. Address: ul. Fabryczna 4, 88-101 Inowrocław 3. Buyer conducting the proceedings 3.1. Buyer's full name: Dorota Jozenas 3.2. Position: Co-ordinator of Strategic Procurement, Procurement Division 3.3. E-mail: dorota.jozenas@ciechgroup.com 3.4. Phone: +48 22 639 16 42, mobile +48 669 600 207 4. Place of work execution 4.1. Place of works execution: Cable railway from Piechocin to Janikowo 4.2. Name of the CONTRACTING PARTY's Company: CIECH Soda Polska S.A. 4.3. Address: ul. Przemysłowa 30, 88-160 Janikowo 4.4. Exact location: Cable railway between Piechcin and the CIECH Soda Polska Plant in Janikowo 5. Key dates in the process 5.1. The deadline for submission of offers of tender: in accordance with the information on the CIECH Procurement Platform. 5.2. All work covered by these proceedings, together with their acceptance by the Contracting Party, should be completed within the time frame and according to the schedule proposed by the Tenderer and agreed with the Contracting Party. 6. On-site visit 6.1. Place: CIECH SODA POLSKA S.A., ul. Przemysłowa 30, 88-160 Janikowo 6.2. Date: 18-21.09.2017 between 08.00-14.00 Participation in the on-site visit requires prior notification of the Buyer conducting the proceedings (e-mail: dorota.jozenas@ciechgroup.com) - no later than the day before the planned on-site visit 7. Questions and Answers Deadline for submitting questions: 25.09.2017 until 16.00. The Contracting Party will respond up to 27.09.2017. The only mode to ask questions and receive answers is the CIECH Procurement Platform in the question mode. The Contracting Party will publish aggregate answers to all the tenderers questions as soon as they are received. Page 3 of 21

8. Guarantee of Tender 8.1. In the case of submitting an offer for a complete undertaking, that is, the execution of a concept and the design and realisation of an investment, the Contracting Party requires the payment of a guarantee of tender in the amount of 500,000.00 PLN (in words: five hundred thousand zlotys) in the form of a bank guarantee of tender, in accordance with the specimen attached to this document of tendering. 8.2. Where a partial offer, that is, for concept and design only, has been submitted, the Contracting Party does not require the payment of any guarantee of tender. 9. Location and date for the submission of offers 9.1. Electronic version: CIECH Procurement Platform, within the period specified therein. 9.2. Paper version of the offer, with the prior consent of the Buyer in charge, as announced on the CIECH Procurement Platform. 10. Division into commercial and substantive parts 10.1. A formal, unconditional requirement to be fulfilled by the tenderer, is to divide the offer of tender into two parts and arrange each of them according to the following guidelines: File 1 - The commercial part of the offer which includes: a) a completed and signed offer form, b) the formal documents of the Tenderer, c) the Guarantee of Tender, along with the financial documents and the guarantees required, in order to secure implementation of the Agreement, d) the initialled Agreement, e) the material and financial schedule f) comments, if any. File 2 - The substantive part of the offer which includes: a) The reference list of projects, b) Substantive and technical elements of the offer of tender according to the requirements of the subject of the Terms of Reference, as contained in Annexe No. 1, c) Implementation schedule. 10.2. The substantive part of the offer of tender cannot contain any elements concerning the price or agreement. An offer of tender improperly prepared, as outlined above, may be formally rejected. 11. Submission of a partial offer, variants 11.1. The Contracting Party accepts the submission of a partial offer. 11.2. The Contracting Party accepts variants in the submission of the offer. 12. Conditions for participation in the tendering: 12.1. The procedure is open to those Tenderers who: Page 4 of 21

12.1.1. have the right to undertake certain activities or actions to the extent necessary to execute the Order, where the legislation imposes an obligation to hold such entitlements, or employ persons holding such powers under a contract of employment, a permanent contract or service agreement; 12.1.2. have the necessary expertise and experience to complete the Order 12.1.3. during the 5 years prior to the date for the submission of the offer -or, where the period of business activity was shorter - has completed, during this period, at least 2 investment projects of a similar nature with a net value of no less than PLN 10,000,000.00 (in words: ten million zlotys) each, as confirmed by references, acceptance protocols or at least statements, including the contact details of previous investors, the scope of the work performed and its value in accordance with Annexe No. 2D. The above condition does not apply to partial offers covering concept and design only. 12.1.4. have the potential and personnel for the proper conduct of the Order; 12.1.5. are in an economic and financial situation which ensures the proper conduct of the Order, 12.1.6. have the financial means or the ability to borrow, in order to be able to complete the Investment in question, to a value of not less than PLN 10,000,000.00 (in words: ten million zlotys) as confirmed by a bank certificate or statement 12.1.7. are insured against tort and contractual civil liability in respect of their business for a guaranteed sum of not less than PLN 10,000,000.00 (in words: ten million zlotys), 12.1.8. are not subject to exclusion from the procurement procedure for the Order 12.2. The following Tenderers may not participate in the proceedings: 12.2.1. those who, in the 3 years prior to the date of the posting of the advertisement, caused damage by failing to execute any contractual work or other work related to the execution of a construction investment or who have performed it improperly; 12.2.2. those against whom liquidation proceeding have been opened or who have applied for restructuring or whose bankruptcy proceedings have been filed or whose bankruptcy has been declared; 12.2.3. those who employ persons who have been validly convicted of a crime committed in the course of their work, a crime against economic activity or those who have committed other felonies, in order to obtain a financial advantage; 12.2.4. registered partnerships or professional partner companies whose partners have been legally sentenced for those offences, as indicated in point 12.2.3; 12.2.5. limited partnerships and joint stock limited partnerships, whose general partner has been legally convicted for those offences, as indicated in point 12.2.3; 12.2.6. a legal person, who, being a member of a governing body and holding office, has been sentenced for offences, as indicated in point 12.2.3. Page 5 of 21

12.3. The Tenderer will prepare his/her offer, taking into consideration the requirement to deliver to the Contracting Party, at the latest within 14 days from the date of the signing of the contract, a Bank/Insurance Performance Bond issued for the Contracting Party, according to the specimen attached to the Documents of Tender for the amount of 15% of the net value of the Agreement and valid for the duration of the Agreement, along with the quality guarantee/warranty period 1, extended by 30 days. 12.4. The acceptance period for the payment of invoices by the Contracting Party is within 30 days. 13. Criteria for evaluating offers of tender, in both variants of the valuation: 13.1. Net price, that is, the total for concept, design and undertaking the work - 50% 13.2. Operating costs over a 30-year period. 29 % 13.3. Deadline [weeks]: 15% 13.4. Quality of service, that is, the quality of the solution offered: 5% 13.5. Quality of the offer: 1% 14. Information and reservations: 14.1. The Contracting Party initiates the proceedings by placing an advertisement on the CIECH Procurement Platform: www.procurement.ciechgroup.com/. 14.2. The proceedings are conducted in the form of an unrestricted tender by a commission appointed by the Contracting Party. 14.3. The pre-requisite for tendering is sufficient knowledge and experience which is indispensable in order to be able to complete the task; a statement to this effect must be submitted by the Tenderer together with his/her offer of tender. 14.4. The Contracting Party will select the most advantageous offer, based on pre-defined evaluation criteria during an electronic auction on the CIECH Procurement Platform. 14.5. Subject to section 14.7. below, the offer should be submitted via the CIECH Procurement Platform, under pain of nullity. 14.6. The submission of an offer in writing, to the location indicated in the Request for Offers, is allowed upon the prior approval of the Buyer in charge; this should be done by enclosing 2 envelopes, inscribed thus: "Commercial offer/substantive offer for the proceedings << Name of the proceedings from the CIECH Procurement Platform >> conducted by << Name of the Contracting Party >>, by << the full name of the Buyer in charge». Not to be opened before << date & time >>. All entries should be identical to the information on the CIECH Procurement Platform. The written offer should be submitted to the address of the Contracting Party, as indicated in the announcement, one copy divided into a commercial part and a substantive part. Offers submitted in open envelopes and sent by fax may be rejected by the Contracting Party and the Tenderer who submitted them may be excluded 1 If a quality guarantee is not granted, the bank guarantee is issued for a statutory warranty period, plus 30 days Page 6 of 21

from further participation in the proceedings. Offers submitted on paper should be accompanied by a copy of the offer in the electronic form. 14.7. Documents prepared in a foreign language are to be submitted, together with their translation into Polish. In case of discrepancies, the Polish version is binding. 14.8. The offer should include a draft agreement, signed and initialled by the Tenderer (Annexe no. 2A1 to the Terms of Reference) along with the annexes provided at the stage of tendering. The Contracting Party reserves the right to reject the offer in its entirety in the case of changes to the commercial and legal terms, proposed in the request, in particular, where there are any modifications to the provisions contained in the draft Agreement. 14.9. The Contracting Party will allow comments on the Agreement to be submitted; however, this may only take place in the course of the proceedings, in the Question and Answer mode, via the CIECH Procurement Platform, observing the deadlines provided. The Contracting Party will respond to the aforementioned Questions according to deadlines indicated in the Terms of Reference. 14.10. Should the Tenderer not consent to the contractual conditions, as laid down in the Terms of Reference or not consent to the changes made to the content of the Agreement, he/she may be excluded from further proceedings, due to a lack of comparability in the offers of tender. 14.11. Tenderers are required to read carefully the information contained in the Terms of Reference and prepare the offer in accordance with the requirements specified therein. 14.12. The Tenderer shall prepare his/her offer with due consideration as to the 90-day validity period of the offer, counted from the date, designated by the Contracting Party, as the last day for the submission of offers of tender. 14.13. The Tenderer acknowledges that the Contracting Party does not pay in advance for the task to be performed. 14.14. The Tenderer may change or withdraw his/her offer before the expiry of the deadline for the submission of offers of tender. 14.15. The content of the offers may not be read in advance of the pre-set date for them to be opened. 14.16. The opening of offers of tender is not held public and takes place immediately after the deadline for their submission. The Tenderer shall not have access to the content of the offers of other participants in the proceedings. 14.17. Any information provided in these Terms of Reference and made available to Tenderers during the procedure, has been provided solely for the purpose of preparing the offers of tender and may, in no case, be used otherwise or made available to persons not involved in the proceedings. 14.18. All costs related to participation in the procedure, including costs related to the preparation and submission of the offer, are to be borne by the Tenderer, regardless of the outcome of the proceedings. 14.19. In justified cases, the Contracting Party may, at any time, before the expiry of the deadline for the submission of offers of tender, modify the content of the Terms of Reference. Any modification on the part of the Contracting Party and made in this way, shall be transmitted without delay to all Tenderers. Where a change may occasion the need to modify the offer, the Contracting Party shall extend the time limit for the submission of offers of tender, taking Page 7 of 21

into account the time needed to introduce those changes into the offers which have resulted from the modification of the Terms of Reference. 14.20. The Contracting Party may reject the offer submitted by the Tenderer, in particular, where the offer was submitted after the deadline or where it does not meet the requirements laid down in the Terms of Reference. 14.21. Where a Tenderer has been excluded and his offer of tender has been rejected, the Contracting Party shall not be obliged to provide explanations, nor shall the Tenderer have any claim against the Contracting Party. 14.22. The remuneration proposed in the offer of tender should be paid as a lump sum, expressed in Polish zlotys. The Contracting Party allows offers of tender to be submitted in EUR. For comparison purposes, the value in EUR will be converted into PLN, at the average exchange rate of the National Bank of Poland on the date of the opening of the offers. 14.23. The offer should be submitted on the offer template, attached as Annexe no. 2C, to the Terms of Reference and in the table on the CIECH Procurement Platform. 14.24. All prices in the offer should be given digitally and in words. 14.25. All prices should be indicated with their amounts inclusive of VAT (gross) but exclusive of that tax amount (net), indicating, in addition, the percentage of the tax due on goods and services. 14.26. In the event of a conflict between the digital and verbal or written indication of prices, the amount indicated in words shall be binding. 14.27. The Tenderer should determine -and account for- all costs and fees related to the nature of the work, resulting from local conditions and restrictions as well as all other factors that may affect the cost of performing the Subject of the Agreement. 14.28. All pages of the offer document should be numbered and signed by the person authorised to make statements on behalf of the Tenderer and the whole offer document should be collated and dated, together with the date of the submission of the offer. 14.29. The offer should be signed by persons duly authorised to do so. If the offer is signed by persons who are not indicated in the current copy of the National Court Register, as being authorised to represent the Tenderer, a power of attorney for the persons signing the offer of tender, signed by the person indicated in the current copy of the National Court Register, as being authorised to represent the Tenderer, should be attached to the offer of tender. 14.30. The schedules attached to the offer should include deadlines expressed in weeks and counted from the start of the work or of the delivery, the dispatch of the Order, the signing of the Agreement or other time, as specified in the Terms of Reference. No indication as to calendar dates for individual stages can be permitted unless otherwise specified in the Terms of Reference. 14.31. The Principal shall take into account the option of conducting an electronic auction in order to identify the Contractor; the Tenderer, in submitting his/her offer of tender shall thereby agree to this method for selecting the Contractor. 14.32. Where a Tenderer, whose offer has been chosen, abstains from concluding the Agreement, the Contracting Party may reject the offer of this Tenderer and select the best offer of tender from the remaining offers without re-evaluating them. In such a case, the Contracting Party shall notify both the Tenderer whose offer has been rejected and the Tenderer whose offer has been selected in accordance with the above provision. Page 8 of 21

14.33. The Contracting Party reserves the right: 1) to annul the tendering procedure without giving any reason, 2) not to process any offer of tender submitted after the deadline, 3) to withdraw from selecting offers of tender at any time without giving a reason, 4) to pursue additional negotiations, 5) to assume that the tender is inconclusive, without giving a justification. 15. Annexes 15.1. Annexe no. 1 - Description of the subject of the Order - the subject of the enquiry 15.2. Annexe no. 2 - Commercial documents Annexe no. 2A1 Draft agreement Annexe no. 2A2 - General Terms and Conditions for Implementation of the Ciech Capital Group Investment Annexe no. 2B - Templates of the guarantees requested, Annexe no. 2C - Template of the Offer Annexe no. 2D Reference List of Projects Page 9 of 21

Annexe No. 1 to the Terms of Reference No. 2017/CSP/1904 DESCRIPTION OF THE SUBJECT OF THE ORDER for Open Tender: 2017/CSP/1904 Construction or Modernisation of the Limestone Goods Cableway from Piechcin to Janikowo in the 'Design and Build' Formula Assumptions of the Subject of the Order: 1 Description of the current status 1.1 General description The Janikowo Railway is a construction built at the turn of the fifties and sixties. The railway is in continuous operation with short breaks, annually, for repairs. Limestone is transported by a cable railway from the K-1 station in Piechcin through corner Station B to Station W at the plant site. The total route length is approx. 7500 m. The rail has a single drive with a 75 kw motor. The drive is located at the W Station. The railroad track is divided into 6 sections, at the ends of which there are tensioning, anchoring or tensioning - anchoring stations. The single sections of cables on one side are anchored in the stations while on the other side, they are anchored with anchoring couplers connecting them to tensioning ropes. At the ends of the tensioning ropes, there are baskets with tensioning weights. There are 7 to 12 supports in each section. 1.2 The Piechcin - Janikowo Cableway - Technical data 1. Carriage speed v = 2.3 m/s 2. Drive rope with a diameter of 24 and a weight of 2.12 kg/m, length of about 14,800 m and a breaking load of 368.7 kn. 3. Drive rope 82 full carriages with a total weight of approx. 2,100 kg each and 82 empty carriages with a weight of 693 kg each. Average distance between the carriages is approx. 92 m - temporarily about 40 s. 4. The drive rope is tensioned by the weight at Station K-1 which is 7,400 m away from the power station. 5. The tensioning force of the driving rope, near Station K-1, is 30 tons. 6. There are 60 route supports on the route. 7. The drive rope is placed along the route mainly by the carriage coupling. 8. Yield 125 tons/hour. Page 10 of 21

Loading station sag station Intermediate stations Corner station Unloading station The longitudinal profile of the present railway is shown in Annexe No. 1.2 to the document 2 Installation requirements Transport The amount of limestone to be transported, crushed and sifted. Variant 1. Construction of a new means for transporting stone from the loading point at the K1 Piechcin Station to the loading point at the furnace, at a level of +32 m, via the cable railway, among other methods. Transport capacity of 2,900 t/day, in 21-hour, effective operation mode with the option to extend up to 3,500 t/365 days per year. Adaptation of the installation to correctly mix the limestone and fuel which is anthracite-coke and to then load it onto carriages in layers, rather like a "sandwich" without, however, completely mixing the grains. Automated, in order to maximise maintenance-free installation Variant 2. Modernisation of the current cableway to 2,900 t/day; 21 hours of effective operation, 365 days a year Change all support and foundation structures Supports/posts at section No. 2 to be left unchanged New ropework to be delivered by recognised suppliers, new anchor - tensioning stations Modernisation of Stations K1, B, W A concept for the modernisation of the cableway (Annexe No. 1.3) may be the basis for further analysis of this topic Improving safety, that is, the elimination of the risk of carriage derailment Reduction of noise emission Tenderers will be required to measure current as opposed to target noise levels. Determining the optimal route Reduction of operating costs Reduction of energy consumption Service journey time to the location is 3 hrs; repair is within 24 hrs 3 Guidelines for the Offer The offer should include: A description of the scope of work for a given variant o Construction of a new, complete railway line and disposal of the old installation after completion of the work Page 11 of 21

o Modernisation of the current railway layout Design and assembly work in all sectors of the industry o Mechanical o Technological o Control and Measurement Instruments and Automation o Industrial IT o Construction o Electric o Other, as necessary Obtaining all formal and legal permits needed to carry out this modernisation (Environmental Decision, required, Building Conditions - the railway goes through several municipalities, obtainment of building permits). Obtaining all permits, approvals, and authorisations for the operation of the railway. The Contractor shall carry out all necessary hand-overs and acceptance tests including the final technical acceptance of the whole transport system using his/her own resources. The final acceptance must be completed, via the technical acceptance protocol signed by both parties, once the whole system has been approved by the authorised institutions and a positive protocol has been issued. The costs of any acceptance and admission will be borne by the Contractor. A description of the effect of the railway on the environment both before and after modernisation Within this scope, the Contractor will provide free training for the requisite number of employees of Ciech Soda Polska; the approximate number of people to be trained stands at 10. Copies of the permissions to design and execute a specific activity or action where the legislation imposes an obligation to have the same, with particular reference to freight train operation. Analysis of the technical condition of the current railway and the possibility of extending further, the use of such as the carriages, Presentation of an overview of the work schedule for individual variants, taking into account working in stages, such as design and execution and assembling in stages, minimising the downtime in the present system; some minimalisation of downtime in the current system is, however, expected The investor assumes the feasibility of cancelling the execution stage after analysis of the project Presentation of a comparison of variants taking account of: o Investment costs o Operating costs, over 30 years o Required service - number of people in post o Repair costs, over 30 years o Total downtime during construction o Transport restrictions and the impact of the wind, among other things, on the work 3.1 General assumptions 1. We expect an innovative project, using proven technical and technological solutions. 2. All design work is to be carried out according to the standards applicable, viz., EU directives and regulations and standards vis-à-vis power, control, visualisation and other standards in force at Ciech Soda Polska. Page 12 of 21

3. Before submitting an offer of tender, any possible ambiguities should be clarified, in order that a complete offer, for the final remuneration proposed, may be developed. At the same time, the Contractor should be fully aware of all the conditions inherent in implementing such a task and all the circumstances which may come into play over the period, as well as the cost of the work. The Contracting Party assumes, as a rule, that the deadline and remuneration for the realisation of the subject of the offer have been properly determined by the professional Contractor and are sufficient, in order to complete the task on time. After accepting and signing the Agreement, the Contracting Party will not take into account any claims of the Contractor, in respect of any underestimation of the cost of work. 4. Before submitting an offer of tender, an on-site inspection of the task is recommended to be carried out. The on-site inspection will be organised at the request of the Tenderer. To arrange an appointment to visit the site, please contact the Buyer in charge of the proceedings, via the CIECH Procurement Platform ANNEXES: 1. Attachment 1.1 - Acceptance Tests - requirements 2. Attachment 1.2 - Longitudinal profile 3. Attachment 1.3 - Concept of section 5 4. Enclosure No. 1.4 - Price breakdown of the offer Page 13 of 21

Annexe No. 2 to the Terms of Reference No. 2017/CSP/1904 COMMERCIAL DOCUMENTS for Open Tender: 2017/CSP/1904 Construction or Modernisation of the Limestone Goods Cableway from Piechcin to Janikowo in the 'Design and Build' Formula Page 14 of 21

A separate document Annexe no. 2A1 Draft Agreement Annexe no. 2A2 - General Terms and Conditions for Implementation of the Ciech Capital Group Investments A separate document Annexe no. 2B - Specimens of the guarantees required Separate documents Page 15 of 21

Annexe no. 2C - Template of the Offer A separate document - as an editable version FORM FOR THE SUBMISSION OF A TENDER (TEMPLATE) Project No. 2017/CSP/1904 Place and date In response to the invitation of the Contracting Party... to submit Offers of Tender for the award of the Order entitled: on behalf of the Tenderer:. hereinafter referred to as the "Subject of the Order" Details of the Tenderer: Name (company), registered office, persons authorised to represent the company, KRS number, Tax Reg. No. /NIP/, Statistical Reg. No. /REGON/, contact data and telephone numbers, address for correspondence: traditional and electronic. we hereby submit this offer to undertake the Subject of the Order. On behalf of the Tenderer, we declare that he/she: 1. is acquainted with the Terms of Reference together with its annexes, including an on-site inspection and is familiar with the design documentation* (delete as appropriate) 2. accepts, fully and unreservedly the requirements specified in the Terms of Reference and the Contracting Party's explanations given in the course of proceedings, in accordance with the procedure specified in the Terms of Reference and is, further, bound by these requirements and explanations. 3. guarantees the fulfilment of the entire Subject of the Order in accordance with the requirements specified in the Terms of Reference and explanations of the Contracting Party as Page 16 of 21

given in the course of proceedings in accordance with the procedure specified in the Terms of Reference. 4. shall complete the Subject of the Order within the deadline of..., in accordance with the requirements specified in the Terms of Reference and the Contracting Party's explanation under the following conditions: a) Total remuneration/net price... PLN (in words:...) plus, VAT due... PLN (where applicable) (in words:...) which is the total gross remuneration/gross price of... PLN (in words:...) b) Remuneration/net price for individual stages: Stage 1:... PLN Stage 2:... PLN Stage 3:... PLN 5. This Offer is valid for: 90 days from the deadline for its submission. 6. The remuneration/gross price includes all receivables for the Subject of the Order that meet the requirements laid down in the Terms of Reference - together with the annexes- and, further, covers all direct and indirect costs that will be incurred by the Contractor for the proper and timely performance of the entire Subject of the Order, as well as the taxes and charges, in particular, the VAT on goods and services and Excise duties, 7. If our Offer is considered to be the most advantageous, we will be obliged to secure implementation of the Agreement in accordance with the terms laid down in the Draft Agreement, annexed to the Terms of Reference. 8. We will undertake to conclude the agreement at the place and on the date indicated by the Contracting Party. 9. We are not in arrears with paying taxes, fees or with health and social insurance contributions. 10. No bankruptcy or settlement proceedings have been instituted against us. 11. The business activity of the Tenderer is not in violation of any employment or occupational health and safety regulations and does not pose any threat to the environment or to the workforce. 12. The Tenderer conducts his business activity according to the legislation applicable, with particular regard to the legislation concerning environmental protection, labour legislation and social rights, including health and safety at the workplace. 13. He/she is the holder of a civil liability insurance policy to the extent required by the Terms of Reference which is valid throughout the duration of the Subject of the Request for Offers or shall be obliged to obtain such a policy before signing the Agreement. 14. He/she has the necessary permissions, certificates, permits, concessions or licences where required by the relevant legislation or the Subject of the Order. Page 17 of 21

15. All persons, who will be executing the Subject of the Order, possess the required permissions where the legislation so imposes, 16. He/she accepts, without reservation, the Draft Agreement along with the conditions for executing the work. Attached to this FORM OF OFFER, the Tenderer submits, herewith, all documentation constituting an integral part of the Offer in accordance with Clause 10 of the Terms of Reference. Place, date and signature of the person authorised to submit declarations of intent on behalf of the Tenderer. Page 18 of 21

Annexe no. 2 Reference List of Projects Pos. Name of the task or investment for which the reference was issued Customer for whom the task was undertaken [name, contact details, contact person] Net investment value [PLN] Net involvement of the Tenderer in the investment [PLN] Role of the Tenderer, function, scope of tasks Duration of the task Engagement period No. of the attachment with references 1 2 3 4 5 All prices quoted are net Page 19 of 21

Annexe No. 2E - Price breakdown of the Offer (Annexe to the Agreement) Assumptions: Construction or Modernisation of the Limestone Goods Cableway from Piechcin to Janikowo in the 'Design and Build' Formula - Price breakdown of offers Variant 1a. - 2900 t/day, Variant 1b. - 3,500 t/day, Table 1 Concept Project Performance Total Description Deadline Deadline Deadline Deadline [weeks] [weeks] [weeks] [weeks] Construction of a new means for the transport of stone from the loading point at the K1 Piechcin Station to the loading point at the furnace at a level of +32 m, via the cable railway, among other methods. Transport capacity 2900 t/day, with a 21-hour, effective mode of operation Adaptation of the installation to the proper mixing of limestone and fuel, viz., anthracite-coke, which will then be loaded into carriages in layers, rather like a "sandwich", without, however, completely mixing the grains. Automated, in order to maximise maintenance-free installation Construction of a new means for the transport of stone from the loading point at the K1 Piechcin Station to the loading point at the furnace at a level of +32 m, via the cable railway, among other methods. Transport capacity 3,500 t/day, with a 21-hour, effective mode of operation Adaptation of the installation to the proper mixing of limestone and fuel, viz., anthracite-coke, which will then be loaded into carriages in layers, rather like a Net amount [PLN] Net amount [PLN] Net amount [PLN] Net amount [PLN] Page 20 of 21

"sandwich", without, however, completely mixing the grains. Variant 2. - 2900 t/day, Automated, in order to maximise maintenance-free installation Modernisation of the current cableway to 2,900 t/day, with 21-hour, effective operation, 365 days a year Change all support and foundation structures Supports/posts of the section No. 2 to be left unchanged New ropework to be delivered by recognised suppliers, new anchor - tensioning stations Modernisation of Stations K1, B, W Page 21 of 21