Receipt of a demand for payment under a performance bond

The Management Board of POLIMEX-MOSTOSTAL S.A. with its registered office in Warsaw (hereinafter referred to as the ‘Company’) hereby informs that on 12 June 2013 it was notified by Bank Gospodarki Żywnościowej S.A. of the receipt thereby of a demand for payment of PLN 1,461,006.83 (one million, four hundred and sixty-one thousand, six point eight three Polish zlotys) from the gmina of Świecie (hereinafter referred to as the ‘Beneficiary’) under a performance bond covering, inter alia, obligations arising from the warranty for defects no. 5910000000056970 provided for in contract no. 272/2/2011/E11171 dated 26 July 2011 for the execution by the Company of construction and technological works, inclusive of the design thereof, with respect to the investment of ‘Construction of a Municipal Waste Disposal Facility for the poviats of Świecie and Chełmno in Sulnówek’ (hereinafter referred to as the ‘Contract’).

The said performance bond was issued upon the order of the Company in favour of the Beneficiary.

At the same time, the Company wishes to note that it denounced the said Contract, of which it informed in current report no. 4/2013 dated 21 January 2013; consequently, the Contract shall be deemed as non-concluded and thus, in the opinion of the Company, the demand for payment lacks any legal and factual basis.

Due to the foregoing, the Company also requested the Bank not to effect any payments in favour of the Beneficiary, emphasising that any payment in favour thereof shall constitute unjustified enrichment.