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Comissison notes

Szczecin, 22nd October 2020

NOTE No. 1
of the commission conducting the proceedings aimed at entering into a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a the user of:
interpretation and application of point III.4 letter (b)  subpoint  (ii)  of the Procedure in connection

Within the framework of the negotiations referred to in point III.4 letter b subpoint (ii) of the Procedures, negotiations concerning the material terms of the Preliminary Agreement or Final Agreement indicated in the Documentation are also acceptable.

Any and all capitalised terms used herein that have not been defined directly in this document shall have the meaning given thereto in section I of the ‘Procedure for the proceedings of awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of a real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’.

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Szczecin, 22nd October 2020

NOTE No. 2
of the commission conducting the proceedings aimed at entering into a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a the beneficiary of:
interpretation and application of point XIV.7 of the Procedure in connection with point XIV.9 of the Procedure

In the event that in the course of the negotiations, referred to in point III.4 letter (b) subpoint (ii) of the Procedure, no final agreement is reached with the Participant to the Proceedings invited to participate in Stage II of the Proceedings and the Management Board of ZMPSiŚ S.A. would adopt a resolution to eliminate that Participant from further participation in the Proceedings, referred to in point XI.10 of the Procedure, the deposit paid by the Participant to the Proceedings eliminated from further participation in the Proceedings will be returned to that Participant, in accordance with the provisions of point XIV.7 of the Procedure.

Any and all capitalised terms used herein that have not been defined directly in this document shall have the meaning given thereto in section I of the ‘Procedure for the proceedings of awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of a real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’.

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Szczecin, 2nd November 2020

NOTE No. 3
of the commission conducting the proceedings aimed at entering into a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by the user on:

personal participation in the opening of the Offers and to provide streaming of the Offers Opening.

1. In view of the solutions introduced by law on the territory of the Republic of Poland related to the prevention, counteraction and combating of COVID-19 and the establishment by the Council of Ministers of certain restrictions, orders and prohibitions resulting from the occurrence of a state of epidemic on the territory of the Republic of Poland in connection with SARS-CoV-2 infection, the possibility of personal participation in the opening of Offers, which will be made by the Commission at the time and place indicated in point XVI of the Procedure, will be reserved exclusively for members of the Commission.

2. In order to ensure the transparency of the public opening of the Offers, which will be performed by the Commission at the time and place indicated in point XVI of the Procedure, an online broadcast will be made available to all persons who will send a message containing all the information indicated in point 3 of this note to the following e-mail address: ct@port.szczecin.pl by 06 November 2020 at 3:00 p.m.

3. The message, referred to in point 2 of this note, must contain at least the following information:
a) the name and surname of the sender of the message;
b) telephone number (including international area code) to contact the sender of the message;
c) the e-mail address to which information is to be sent, which will enable the sender of the message to access the online broadcast of the public opening of the Offers, which will be performed by the Commission at the time and place indicated in point XVI of the Procedure.

4. A message with a link to access the online broadcast will be sent to the e-mail address, referred to in point 3(c) of this note.

5. The messages, referred to in point 2 of this note, sent after the date specified in point 2 of this note or non-compliant with the requirements specified in point 3 of this note will be left unanswered.

6. Any and all capitalised terms used herein that have not been defined directly in this document shall have the meaning given thereto in section I of the ‘Procedure for the proceedings of awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of a real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’.

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Szczecin, 3rd November 2020

Note No. 4
of the commission conducting the proceedings aimed at entering into a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by the user on:

the method of conversion of the amounts given in foreign currencies into Polish zlotys for the purposes of the Proceedings

1. All amounts expressed in foreign currencies in the content of the Offers or other documents submitted together with the Offers will be converted into Polish zlotys for the purposes of the Proceedings according to the exchange rate of the relevant foreign currency specified in Table A No. 182/A/NBP/2020 announced by the National Bank of Poland on 17 September 2020, i.e. on the day on which it was published on the website of ZMPSiŚ S.A. "Announcement of initiation of proceedings and invitation to participate in proceedings".

2. Any and all capitalised terms used herein that have not been defined directly in this document shall have the meaning given thereto in section I of the ‘Procedure for the proceedings of awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of a real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’.

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Szczecin, 3rd November 2020

NOTE No. 5
of the commission conducting the proceedings aimed at entering into a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by the user on:

simplified diagram of the Proceedings

1. In order to present the progress of the Proceedings and the events to follow, the Commission announces a "Simplified Diagram of the Proceedings " which forms a schedule to this note.

2. The schedule titled „Simplified Diagram of the Proceedings” forms an integral part of the note hereof.

3. Any and all capitalised terms used herein that have not been defined directly in this document shall have the meaning given thereto in section I of the ‘Procedure for the proceedings of awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of a real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’.

Simplified Diagram of the Proceedings

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Szczecin, 3rd November 2020

NOTE No. 6
of the commission conducting the proceedings aimed at entering into a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by the user on:

the details of the bank account to which the Offer Deposit payment should be made

1. The Commission publishes detailed data of the bank account indicated in point XIV.2 of the Procedure to which the payment of the Offer Deposit shall be made:

• account number in IBAN standard:

PL 28 1240 3826 1111 0000 4403 0937

• name and address of the bank maintaining the account:

Bank PEKAO S.A.
III Oddział Szczecin
Pl. Orła Białego 3
70-952 Szczecin

• SWIFT / BIC:

PKOPPLPW

2. Any and all capitalised terms used herein that have not been defined directly in this document shall have the meaning given thereto in section I of the ‘Procedure for the proceedings of awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of a real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’.

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