Amendment to the significant agreement

Legal basis: Article 17(1) of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC

With reference to the current report no 20/2017 of 23rd February 2017 and the current report no 35/2018
of 21st August 2018, the Management Board of Polimex-Mostostal S.A. with the registered office in Warsaw informs about an amendment to the agreement concerning the construction, delivery and assembly of a steel supporting structure for the ducts and the reactor and the construction of the ducts and the reactor for an SCR installation for units no 9 and 10 for ENEA Wytwarzanie Sp. z o.o. (the “Contract”). The contract was concluded between Polimex Energetyka Sp. z o.o. (the “Contractor”) and Rafako S.A. with the registered office in Racibórz (the “Employer”) (the “Annex”).

The Annex is the legal basis for the adjustment to the unit rates agreed between the Contractor and the Employer. The estimated remuneration of the Contractor for the execution of the subject of the agreement has been currently set at PLN 61,725,172.06 net.

Pursuant to the conclusions of the Annex, the Contractor will finalize the contractual milestones: (i) in terms of assembly by 15th March 2019, (ii) in terms of delivery of the quality documentation by 31st March 2019 and (iii) in terms of implementation of corrosion protection for unit no 9 by 31st March 2019.

The Contractor is obliged to submit the annex to the performance guarantee including the amendments resulting from the Annex within 30 days from the date of the signature of the Annex.

Other provisions of the Contract as indicated by the Issuer in the current report no 20/2017 of 23rd February 2017 and the current report no 35/2018 remain unchanged.