Conclusion of the agreement concerning the Opole project.

Current report no. 152/2013

With reference to current report no. 112/2013 dated 14 August 2013 and current report no. 126/2013 dated 30 September 2013 informing on negotiations regarding the participation of Alstom Power sp. z o.o. (hereinafter referred to as "Alstom") in construction of power units nos. 5 and 6 in Elektrownia Opole (the Opole Power Plant; hereinafter referred to as the “Opole Project”), the Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw (hereinafter referred to as the “Company”) hereby informs that on 25 October 2013 the Company and Rafako S.A. (hereinafter referred to as “Rafako”) as well as Mostostal Warszawa S.A. (hereinafter referred to as “Mostostal”) acting jointly with the Company as a consortium of companies (hereinafter collectively referred to as the “Consortium”) and Alstom concluded an agreement specifying the terms and conditions of cooperation between Alstom and the Consorium as part of the performance of the contract for construction of power units nos. 5 and 6 in Elektrownia Opole dated 15 February 2012 (hereinafter referred to as the “Main Contract”).

 

Pursuant to the agreement, the parties accepted Alstom's undertaking of the functions of the general designer and the design works coordinator for the Opole Project; however, the modifications introduced by Alstom as the general designer cannot result in either the change of the environmental conditions issued for the Opole Project or the change of the Project Opole execution dates resulting from the Main Contract.

 

Alsom undertook with respect to Polimex and Mostostal to satisfy the claims of Polimex and Mostostal respectively against Rafako that can accrue on the basis of the consortium contract (i) due to the non-performance or improper performance of obligations of Rafako provided for in the consortium contract as the obligations of the leader of the Consortium and (ii) due to the non-performance or improper performance of the scope of works that Rafako undertook to execute as part of the Opole Project.

 

 

The agreement concluded among Alstom and the Ordering Party has been deemed significant due to the fact that it concerns the contract for the execution of the Opole Project, from which the revenues of Polimex exceed 10% of the revenues from the sale of Polimex Capital Group for the period of last four working quarters.