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GENERAL CONTRACTUAL TERMS AND CONDITIONS FOR SERVICE PROCUREMENT The present General Contractual Terms and Conditions for Service Procurement (hereinafter: “GCTCSP”) together with the Purchase Order accepted comprises the Contract for the supply of Services/goods specified in the Purchase Order. For issues not regulated in other documentation of the Contract, the terms of GCTCSP will govern. Should any discrepancy occur between any contractual conditions laid down in the Purchase Order or in the GCTCSP, conditions of the Purchase Order will prevail. These GCTCSP are issued by MOL Hungarian Oil and Gas Public Limited Company (1117 Budapest, Október huszonharmadika u. 18.) mail address: 1117 Budapest Október 23. u. 18. tax reg. number: 10625790-2-44 Account keeping bank: ING Bank N. V. Magyarországi Fióktelepe bank account number (HUF): 13700016-01015021 bank account number (EUR): 13789017-01015100 bank account number (USD): 13701017-01015100 company registration court and register number of the company: Fővárosi Törvényszék Cégbírósága 01-10-041683 Bill-to address: MOL Magyarország Pénzügyi Szolgáltató Kft. Százhalombatta, Pf. 31. Statistical code: 12342659-5829-113-01 1. DEFINITIONS: „Parties”: shall mean Customer and Contractor collectively. „Purchase Order”: shall mean the written statement of the Customer for the execution of the specified Service 1 / 41

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Page 1: mol.hu  Web viewGENERAL CONTRACTUAL TERMS AND CONDITIONS. FOR. S. ERVICE PROCUREMENT. The present General Contractual Terms and Conditions for Service Procurement (hereinafter

GENERAL CONTRACTUAL TERMS AND CONDITIONS

FOR SERVICE PROCUREMENT

The present General Contractual Terms and Conditions for Service Procurement (hereinafter: “GCTCSP”) together with the Purchase Order accepted comprises the Contract for the supply of Services/goods specified in the Purchase Order. For issues not regulated in other documentation of the Contract, the terms of GCTCSP will govern. Should any discrepancy occur between any contractual conditions laid down in the Purchase Order or in the GCTCSP, conditions of the Purchase Order will prevail.

These GCTCSP are issued by

MOL Hungarian Oil and Gas Public Limited Company (1117 Budapest, Október huszonharmadika u. 18.)

mail address: 1117 Budapest Október 23. u. 18.tax reg. number: 10625790-2-44Account keeping bank: ING Bank N. V. Magyarországi Fióktelepebank account number (HUF): 13700016-01015021bank account number (EUR): 13789017-01015100bank account number (USD): 13701017-01015100company registration courtand register number of the company: Fővárosi Törvényszék Cégbírósága 01-10-041683Bill-to address: MOL Magyarország Pénzügyi Szolgáltató Kft.

Százhalombatta, Pf. 31.Statistical code: 12342659-5829-113-01

1. DEFINITIONS:

„Parties”: shall mean Customer and Contractor collectively.

„Purchase Order”: shall mean the written statement of the Customer for the execution of the specified Service accepted by the Contractor with unchanged conditions or with modified content approved by the Customer beforehand, such record generates the Contract between the Parties.

„Customer”: shall mean MOL Plc., which is entitled to send a written request to the Contractor expressing its contractual intention for the execution of the Service.

„MOL Group”: shall mean MOL Plc and those companies wherein on supreme body MOL Plc, directly or indirectly, bears more than 50 % of votes or where MOL Plc, directly or indirectly, exercises majority ownership or

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otherwise controlling rights based on a contract concluded with the other owner(s).

„Contract”: shall mean Purchase order approved by the Parties with agreed technical content, and with its annexes and with the actual General Terms and Conditions

„Service”: shall mean The subject of the Contract, the task or Service to be executed specified by the Purchase Order

„Certificate of accomplishment”:

shall mean the Document acknowledging the performance of the Services signed by the authorised representatives of the both Parties.

„Contractor”: shall mean the Service Provider, which will undertake to perform the Service with the acceptance of the Purchase order in full compliance with the specifications of the Purchase Order

„Contractor’s fee”: shall mean the counter value of the performed Services in the specified currency and the fixed amount recorded in the Purchase Order. The Contractor’s fee includes the detailed and fixed amounts (costs) in the Purchase Order. If it is not specified otherwise in the PO, the Contractor fee includes all additional and transaction costs. The taxes (eg. VAT) and other Duties Chargeable (claimable) as taxes, if any shall be listed separately.

2. METHODOLOGY FOR DETERMINING THE PURCHASE PRICE

2.1 Contractor shall apply the same pricing principles, rules and methodology when setting the fee of the Services ordered under the scope of the present GCTCSP Contractor shall set the Contractor’s fee in HUF/EUR/USD.

2.2 Upon Customer’s request Contractor shall submit the pricing method in written form with deatiled technical specification in order that the Customer can check the requirements under section 2.1.

The pricing method must contain the following information:

Contractor’s fee (Net + VAT)

Other miscellanious expenses, preferable listed, Net + VAT amount

3. ACCEPTANCE OF PURCHASE ORDER

3.1 Contractor shall accept the Purchase Order or the modified version of the same by sending back the duly signed copy by Contractor’s representatives by post or in electronic (scanned) form within 5 days upon reception or within the period defined by the Customer. Should the Contractor fail to confirm the Purchase Order within the time period specified above Customer is entitled to reject the performance without compensation.

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3.2 Customer excludes its liability with regard to placement or modification of any Purchase Order for the Goods which does not originate from its authorized representative.

3.3 Parties also consider the Purchase Order and the GCTCSP accepted if the Contractor does not confirm the Purchase Order within the period of time specified above (in Clause 3.1), but it perfroms the Service specified in the Purchase Order.

3.4 The Purchase Order must contain at least the following information:

Number and date of Purchase Order Most important information of Parties (Name and contact information of

Contractor, name of Customer, name and contact information of the administrator establishing Purchase Order.)

Name and amount of Service Place of performance Deadline of performance Contractor’s fee (Net + VAT) Contact name of bill-to address Invoicing address, if it differs from Customer

3.5 Purchase orders and confirmations sent in electronic form (via e-mail) are also governed by section 15.4

4. DATA REPORT OBLIGATION OF THE PARTIES RELATED TO ROAD TRANSPORTATION IN HUNGARY

In case Materials/ Equipment/ Accessories used for performing the Services ordered by MOL Group member will be transported on road, the transportation can be subject to EKAER registration obligation based on the laws of Hungary (CXII of 2003 on the Law of Taxation).The present article constitutes the data report obligation of the Parties related to road transportation in order to fully comply with the legislative regulation

4.1 Obligations of Supplier

In case of Deliveries from Abroad:

4.1.1 Regarding every Purchase order/ Call-off received from MOL Group member, Supplier shall confirm the estimated dispatch date of the delivery within 10 working days.

4.1.2. In case of deliveries that might be subject to EKAER obligation, Supplier shall notify MOL Group member about the delivery and provide MOL Group member with all the necessary data required for the inquiry of an EKAER number. The data shall be provided by filling in the EKAER Data Sheet (Appendix 3) properly and sending it to MOL Group member to the [email protected] e-mail address at least 10 working days before the delivery. If the data specified in point 4.1.6. are not available for Supplier by the above deadline, they can be provided later, but no later than the start of the delivery by sending it to the [email protected] e-mail address.

4.1.3. In case there are less than 10 working days between receiving the Purchase order/ Call-off and the date of the delivery, Supplier shall make every effort to provide MOL Group member with the data specified in the EKAER Data Sheet as soon as they are

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available for Supplier but no later than the start of the delivery in order to comply with the legislative regulations.

4.1.4. Parties agree that the completely filled in EKAER data sheet is a prerequisite of applying for an EKAER number. In case a vehicle, the delivery of which is subject to EKAER obligation, enters into the territory of Hungary without a valid EKAER number, Supplier shall undertake all the legal consequences deriving from this default.

4.1.5 Supplier shall attach the filled in EKAER data sheet with the EKAER number indicated thereon to the transport documentation.Parties agree that the transportation shall begin exclusively upon the condition that the EKAER data sheet with the EKAER number is attached to the transport documentation and the EKAER number is made available during the time of the whole transportation for tax control purposes.

4.1.6 The following data can be modified even after dispatch:

a) Registration number (License plate number) of the vehicleb) Gross weight of the Products/ Assets/ materials in kgc) Total value of the Products/ Assets/ materials (with regard to changes in the

original amount)

In case of any changes in the above listed data, Supplier is obliged to notify MOL Group member immediately by sending an e-mail to [email protected] containing the EKAER number, the number of the Purchase Order and the modified data.

4.1.7 In case of any other changes of the original data, a new EKAER number is required for the transportation. Therefore, Supplier is obliged to notify MOL Group member immediately about the modifications by sending the relevant information – including the original EKAER number and the number of the Purchase Order – to the [email protected] e-mail address.

With respect to point 4.1.7. Supplier is liable to provide the new EKAER number received from MOL Group Member to the driver of the vehicle subject to EKAER obligation with an immediate effect.

4.1.8 Should Supplier begin the transportation without having the valid EKAER number on or attached to the transport documentation, or fail to notify MOL Group member immediately in case of any changes in the data defined in point 4.1.6 and 4.1.7., and this shall cause any damages to MOL Group member, Supplier shall reimburse such damages to MOL Group member.

4.2 In case Supplier transports Products/ Assets/ materials to MOL Group member from its business site located in Hungary or from abroad using its Hungarian VAT registration number or Tax number:

4.2.1 In case Supplier transports Products/ Assets/ materials from its own business site located in Hungary, or supplies goods from its Hungarian VAT number to MOL Group member, Supplier is obliged to consider the EKAER liability and apply for an EKAER number by submitting the data defined in the EKAER data sheet to the Hungarian Tax Authority via its online system available on the following website: https://www.ekaer.nav.gov.hu/customers/login.

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In this case, Supplier shall provide MOL Group member with the EKAER number and the relevant PO/ call-off/ Contract number by sending it to the [email protected] e-mail address.

4.2.3. In case Supplier inquires the EKAER number, Supplier shall inform the Hungarian Tax Authority about any changes in the EKAER relevant data of the transportation enlisted in point 4.1.6 before unloading.

4.2.4 In case of any other changes of the original data, which would require a new EKAER number for the transportation, Supplier shall request a new EKAER number and provide MOL Group member with that by sending it to the [email protected] e-mail address with an immediate effect.

4.2.5. Supplier shall attach the filled in EKAER data sheet with the EKAER number indicated thereon to the transport documentation.

With respect to point 4.2.4. Supplier is liable to provide the new EKAER number to the driver of the vehicle subject to EKAER obligation with an immediate effect.

Parties agree that the transportation shall begin exclusively upon the condition that the EKAER data sheet with the EKAER number is attached to the transport documentation and the EKAER number is made available during the time of the whole transportation for tax control purposes.

4.2.6. MOL Group member shall report the date of arrival of the Products/ Assets/ materials subject to EKAER obligation to the Hungarian Tax Authority upon delivery or the next working day the latest. Parties agree that the transportation shall begin exclusively upon the condition that the EKAER data sheet with the EKAER number is attached to the transport documentation and the EKAER number is made available during the whole transportation for tax control purposes.

4.2.7. In case Supplier begins the transportation without having the valid EKAER number

on the transport documentation or any entry of the data registered on the online system of the Hungarian Tax

Authority is incorrect or Supplier shall fail to inform the Hungarian Tax Authority in case of

changes in the data defined in point 4.1.6. by modifying the originally registered data of the transportation, or

Supplier shall fail to inform the Hungarian Tax Authority in case of any other data change defined in point 4.2.4. and fail to require a new EAKER number and

this causes damages to MOL Group member, Supplier shall reimburse such damages to MOL Group member.

4.3. Obligations of MOL Group member

4.3.1 MOL Group member shall provide Supplier with the EKAER Data Sheet together with the Purchase Order/Call off/ Contract to fill it in.

4.3.2. Based on the data provided by Supplier on the EKAER Data Sheet, MOL Group member shall inform Supplier whether the transportation is subject to EKAER obligation or not.

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4.3.2 In case the transportation is subject to EKAER obligation from the intra-Community to the territory of Hungary(as defined in point 4.1), MOL Group member shall apply for an EKAER number by submitting the data defined in the EKAER Data Sheet (Appendix 3) and provided by Supplier to the Hungarian Tax Authority via its online system.

4.3.3. If the transportation of goods from abroad to Hungary (as defined in point 4.1) is subject to EKAER obligation, MOL Group member is obliged to send the EKAER number received from the Hungarian Tax Authority to the Supplier via e-mail (from the e-mail address of [email protected]) before the transportation begins.

If the transportation is subject to EKAER obligation Parties agree that the transportation can begin exclusively upon the condition that the EKAER data sheet with the EKAER number indicated on it is attached to the transport documentation and is available for tax control purposes by the authority during the time of the whole transportation within the territory of Hungary.

4.3.4 MOL Group member shall report the date of arrival of the Products/ Assets/ materials subject to EKAER obligation to the Hungarian Tax Authority upon receipt or the next working day the latest irrespectively of the place of dispatch.

4.3.5 MOL Group member shall inform the Hungarian Tax Authority about any changes in the EKAER relevant data of the transportation (enlisted in points 4.1.6.) received from Supplier before unloading.

In case of changes in any other data (according to point 4.1.7.) – if notified immediately by Supplier – MOL Group member shall invalidate the original EKAER number and apply for a new one. MOL Group member shall also send the new number immediately to the Supplier.

5. PERFORMANCE

5.1. Contractor is obliged to perform the Service specified in the Purchase Order to the Customer for the consideration/price stated in the PO with adequate expertise and due diligence. Contractor is obliged to perform the Service at the place, time and conditions specified in the PO. The Service shall be in full compliance with all attached amendments, modofications, other specifications, documents in the PO).

5.2. The performance deadline means the date of performance recorded in the Service Purchase order. The Customer shall accept the performance prior to the deadline only if it is not against its essential legal interests and the additional cots will be financed by the Contractor.

5.3. Customer is entitled to examine wether the perfromance complies with the contractual requirements, before the acceptance of the Services.. Customer ascertains about the completion of the Service after receiving the Contractor’s final report. If the provided and performed Service meets all the contractual requirements, the Customer accepts the performance.

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6. OBLIGATIONS OF THE PARTIES

6.1. The Parties shall cooperate with each other during the contractual performance, and they are obliged to inform each other about any important facts, information or circumstances that involves the Contractor Agreement.

6.2. The Contractor shall be obliged to complete the Services specified in the Contract in full compliance with effective legal (authority) regulations, standards and rules in the best quality that may be expected.

6.3. The Contractor represents and warrants that experts with appropriate skilles are available for him for the completion of this Contract.

6.4. The Parties engage to fully cooperate with each other in supporting the successful contractual performance, and will inform each other about all facts that may jeopardize or trouble the execution of the Services in time with the specified quality.

6.5. The Parties shall make an attempt to exercise their contractual rights and obligations in good faith, all disputed issues will be settled in an amicable way seeking the solutions with mutual agreement. The parties shall make an attempt to build up the most flexible and closest cooperation.

6.6. Contractor shall be obliged to execute the written instructions of the Customer related to the Actual Contract, shall represent the Customer’s statements and shall not express counter opinion to the Third Party.

6.7. The contractor shall not act against the Customer’s expressed requests or instructions. Should Contractor consider the Customer’s definite request or instruction unfeasible or unprofessional, will be obliged to draw in writing the Customer attention. Should Customer retain the opinion and take the risk and responsibility Contractor performs accordingly.

6.8. Customer informs the Contractor about the changes and decisions on the scope of Services (work) promptly or within at least two days.

6.9. In case of necessity the Parties shall arrange meetings in order to discuss the essential issues of the contractual performance. The Contractor shall be responsible for the preparation and the organising such a meetings.

7. GUARANTEE

The Contracot shall provide guarantee for the Service performed according to the contract. The duration of guarantee is 1 year, but not less than the period regulated in the currently effective provisions of law. The commencement date of guarantee is the day when the Service is accepted by Customer.If the given Service (goods, product) has been built-in or delivered as part of interdependent Services (hereinafter both referred to as complex Service), the commencement date of guarantee is the day when the complex Service is accepted by Customer.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Contractor retains ownership rights, particularly the right of disposal and use over all intellectual property (including documentations, images, sound or text documents, developed programs) prepared during the fulfilment of the contract. Contractor grants the Customer timely and geographically unrestricted, non-exclusive usage right for the mentioned intellectual property. Contractor declares and guarantees that the

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intellectual property which is prepared by Contractor and idelivered to the Customer during the fulfilment of the contract is free of all claims of the third party(ies).

8.2. During the fulfilment of the contract, Contractor may use documents, works, products, etc. (‘Items”) protected under copyright, patent or trademark laws exclusively upon condition that Contractor posesses usage rights of such Items. Furthermore Contractor agrees that such Items may be used only with the prior consent of the Customer. If their use is necessary for the fulfilment of this contract, Contractor shall grant the Customer the unrestricted usage right of the intellectual property produced by third parties (eg. Software sub-licenses).

8.3. In relation to all the intellectual property set out in this Section, which is produced by Contractor during the fulfilment of the Contract, Contractor shall assume comprehensive warranty of title and liability for defects.

Should any activity of the Customer will be outsourced, Contractor agrees that the usage rights granted to the Customer shall may be utilized by this organization (company) exclusively in favour of the Customer in a way set forth in this section without further payment or other obligations.

9. INVOICING AND PAYMENT TERMS

9.1. If all contractual obligations are fulfilled Contractor shall be entitled to submit an invoice within 15 days after performance in full compliance with the currently effective provisions of law and with the terms and conditions of the actual Contract .

9.2. The currency indicated on the PO shall be equal with the currency of the settled, invoiced and paid Contractor Fee. The currency of the actual price proposal shall correspond to the currency of the settled and paid Contractor Fee. If the currency of the charged amount on the invoice is different than HUF VAT shall be indicated in HUF as well on the invoice separately by Contractor according to Section 80 and 172 of the Act CXXVII of 2007 on VAT.

9.3. Should the performance of the Contractor meet all the terms and conditions of the actual Contract, Customer prepares and sends the Performance Protocol to the Contractor.

9.4. Contractor shall make out the invoice with the agreed Contractor fee after receiving the performance protocol signed by the Customer. Contractor shall send the invoice issued on the name and address of the Customer by mail to the Invoicing address of the Customer in 2 (two) copies attaching the signed Performance Protocol.

MOL Service Center Ltd.

Mailing Address: H-2443 Szazhalombatta PO.Box: 31.

The Performance Protocol (performed Service confirmed in writing by the Customer) is a mandatory attachment of the invoice. The Customer shall settle the invoice made out in full compliance with the currently effective provisions of law and with the terms and conditions of this Contract by bank transfer to the company set out in the invoice as recipient within 60 days from its receipt by the Customer of the said invoice.

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Should the invoice fail to meet the requirements of this Contract, or should other provisions of the Contract specified as preconditions of payment not be met, the Customer will call for the remedy of insufficiencies in writing. In such a case the deadline for payment specified in the Contract will commence on the day when the insufficiencies have been fully remedied. The payment obligation of the Costumer shall be deemed fulfilled on the date when its bank account is debited by the invoiced sum.

Contractor shall indicate on the invoice the TAX Code (VAT number) of the Customer, otherwise the invoice shall be considered formally defective and will be send back to the Contractor.

9.5. The document acknowledging performance shall be attached to the invoice and furthermore the SAP MM / SRM order number of Purchase order shall be indicated on the submitted invoice. If the above mentioned requirements are not met [MOL Group member] considers the invoice as formally defective and is entitled to return it without performance.

9.6. Should the invoice fail to meet the requirements of this Contract, or should currently effective provisions of law. are not met, the Customer will call for the remedy of insufficiencies (deficiencies) in writing. In such a case the deadline for payment specified in the Contract will commence on the day when the insufficiencies have been fully remedied.

9.7. Should the Party having payment obligation under the contract fail to settle any amount due to the other Party at the due date, it is regarded as late payment. For the period of the payment delay, that is from the first day of the delay to the day of actual payment of the amount overdue, the defaulting Party shall pay default interest the rate of which shall be the reference interest rate + 8%.

9.8. Reference interest rate is the 1 month interbank rate of the currency of the overdue amount as set out in the payment terms of the relevant contract, quoted on the first workday of the month when the defaulting Party falls in delay and displayed on the adequate page of bank.The Party in delay shall pay the accumulated default interest to the other Party in 8 days upon receipt of the demand letter. The default interest shall be calculated by the Parties on the basis of the actual number of days of the delay and considering 360 days per year.The default interest shall be paid in the same currency as the currency of the overdue amount set out in the payment terms of the contract.

9.9. If Contractor has any matured obligation towards Customer, Customer is entitled to offset the overdue liability of Contractor against any payment obligations deriving from the contract or other legal relation, and to inform Contractor thereof simultaneously. The Customer shall have the right to retain the charged amount of the contractual penalty from the Contract fee.

10. PENALTY

10.1. Penalty for late performance penaltyIf, due to any reason attributable to Contractor, obligations deriving from the contract are not or not in conformity with the contract fulfilled within the time period set out in the contract, Contractor shall pay late performance penalty, as follows:

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The compensation for each day of delay commenced equals to 10 % of the value of the contract as the basis of penalty, but not more than 20 %.

The late performance penalty becomes due at the time of the occurrence of the delay.

Payment of the late performance penalty shall not release Contractor from the obligation to perform the contract.

10.2. Defective performance penalty

If, due to any reason attributable to Contractor, obligations deriving from the contract are not or not in conformity with the contract fulfilled within the time period set out in the contract, Contractor shall pay late performance penalty, as follows:

The compensation for each day of delay commenced equals to 10 % of the value of the contract as the basis of penalty, but not more than 20 %.

The late performance penalty becomes due at the time of the occurence of the delay.

10.3 Non-performance penalty

If, due to any reasons attributable to Purschaser terminates or rescindes the Contract, Contractor is obliged to pay a penalty on non-performance that equals to 50% of the contractual value as the basis of penalty.

10.4. Penalty for violation of non-disclosure obligation

If Contractor violates its non-disclosure obligation set out in the contract, it shall pay penalty that equals to 20% of the contractual value as the basis of penalt, min. 250.000 Ft.

10.5. Penalty for violation of HSE regulations

If the Contractor violates the HSE regulations on the registered office, business premises and branch offices of Customer during performing the contract, it shall pay penalty as follows:

The facts and faults which may be assessed during the on-the-spot checks carried out by Customer and which are bases for the application of penalty and the other conditions of the penalty-calculation are regulated in Appendix 1. The Contractor shall be responsible and shall pay penalty for the violation of the HSE regulations by his subcontractors, too.

10.6. General rules of penalty

The Customer is also entitled to enforce the different types of penalties against the Contractor together.

In line with the rules of indemnification, Customer is entitled to claim compensation for damages exceeding the amount of the penalty.

The Customer may enforce the amount of the penalty in a separate demand letter that shall be paid by Contractor via bank transfer within 15 days of the receipt thereof.

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Acceptance of performance that fails to meet the requirements specified in the Contract shall not imply any resignation from claims arising from the breach of the contract.

11. NON-DISCLOSURE CLAUSE

Parties agree that all data, facts – in particular, but not limited to the existence of the contract and its contents – associated with the other Party and its activities received or obtained at any time, in any manner by one Party in connection with the conclusion and performance of the contract, shall be considered as business secret (confidential information) and as such, it shall not be disclosed or made accessible to third parties or be used for purposes other than performing the contract.

This provision shall not apply to the information handed over to MOL Group members. The fulfilment of the confidentiality obligation of MOL Group members is ensured by the Customer.

This provision shall not apply to the information to be disclosed by Customer to third parties providing finance-accounting, legal, HR, insurance, additional financial or debt collection Services for Customer upon contract, and to the assignee in respect of the information necessary for the execution and performance of the assignment agreement in case of assignment of claims arising from the contract by Customer, furthermore to a third party if the contract requires the providing a financial security and the information is necessary for the execution and performance of the agreements that are connected to the required security.

The obligation of non-disclosure shall not apply to information which:(i.) is in the public domain, or – due to a reason other than the act or omission of

the receiving Party – subsequently becomes publicly known, or(ii.) was provably in the possession of the receiving Party prior to the effective

date of the contract, or(iii.) the receiving Party acquired from a third party who is not under a

confidentiality obligation vis-á-vis the Party concerned by such information, or

(iv.) is to be made public or disclosed pursuant to the law, stock exchange regulation or authority order, to the extent such disclosure is legally required.

Contractor approves that any data and information received from the Customer in relation to the execution and performance of this contract regarding the Customer and its operation is to be considered business secret and must not be disclosed to or make it available for third Party except the written permission of the Customer provides otherwise.

The termination of the present contract for whatever reason shall not affect the present confidentiality obligation, which shall expire 5 years from the date of termination.

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12. TERM OF THE CONTRACT

The Contract enters into force upon the confirmation/acceptance of the Purchase Order and the present GCTCSP and shall expire on the date of fulfilling all contractual obligations.

13. AMENDMENT OF CONTRACT

The contract concluded in writing may also be amended in writing in paper form only, unless the Parties agree in the contract to amend it in electronic form. Change of company registration data, including change of company name, registered seat, representative, bank or bank account number, organisation responsible for the conclusion and performance of the contract and change of contact persons, shall not qualify as amendment of the contract. Such changes shall, depending on circumstances of the given case, be communicated by the affected Party to the other Party in writing 10 days in advance or 10 days following the occurrence (registration) of the change.

14. TERMINATION OF CONTRACT

14.1. Customer shall be entitled to terminate the contract in writing with a notice period of 30 days/months (optional) without specifying the reasons thereof.

The termination notice shall be handed over in person or sent by a letter with certificate of delivery to the Contractor

In case of termination Parties shall settle with one another all Services and the contractual countervalue thereof, performed until the day of termination.

14.2. If it is possible to restore the conditions entirely as existed before concluding the contract, Customer shall be entitled to rescind from the contract in writing with immediate effect and without liability for indemnification thereof, or if the conditions existed before concluding the contract cannot be restored, Customer shall be entitled to terminate the contract in writing even with immediate effect and without liability for indemnification, in the following cases:

a) if Contractor and/or any person acting on behalf or as a representative of the same materially violates the provisions of the Business Partner Code of Ethics of MOL Group, or

b) if Contractor and/or any person acting on behalf or as a representative of it violates the provisions of the HSE Regulations applicable within the territory of Customer, or

c) if Contractor violates its non-disclosure obligations undertaken in the contract, ord) if statement or behaviour/action of Contractor damages Customer’s reputation,

business trustworthiness, ore) if Contractor fails to deliver in due time set out in the contract, orf) if Contractor repeatedly or materially violates its contractual obligations not

referred to above, or

g) if Contractor has a debt outstanding for more than 30 days against any member of the MOL Group the sum of which is at least EUR 1000 per any member of the MOL Group or the aggregate of all its debts outstanding for

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more than 30 days against the members of the MOL Group equals to or exceeds EUR 10,000 (in case any debt is outstanding in a currency other than EUR, such debt has to be converted on the rate of European Central Bank for such exchange / EUR (ECB fixing), or.

h) if Contractor is insolvent or a petition for liquidation is filed against it.

The letter on rescission or termination shall be delivered in person, by a courier or by sending a letter with certificate of delivery to Contractor. In case of rescission by Customer, Parties shall settle with one another all Services performed and the contractual countervalue paid until the day when the rescission becomes effective and shall restore the conditions as existed before concluding the contract.

In case of termination the contract for cause by Customer, Parties shall settle with one another all Services perfomed and the contractual countervalue paid – including the breach of contract and its consequences – until the day when the termination becomes effective

In case of rescission or termination the contract for cause [MOL Group member] reserves the right to enforce its rights arising from breach of contract, including the right of being indemnified.

15. FORCE MAJEURE

It is not qualified as breach of contract, if any/either of the contracting Parties cannot perform its contractual obligations due to reasons beyond the control of any of the Parties (force majeure). Circumstances to be considered as force majeure shall mean unforeseen events that cannot be prevented by human efforts (e.g. war, earthquake, flood, fires, terrorist attack, etc.), are beyond the control of the Parties and directly hamper the given Party’s ability to perform its contractual obligations.

The contractual deadlines shall be extended in proportion to the duration of force majeure.If the period of force majeure exceeds 30 days, the Parties shall conduct negotiations on the possible amendment of the contract. If such negotiations are not successful within 10 days, either of the Parties shall be entitled to terminate the contract with immediate effect, even if it would otherwise not be entitled to do so pursuant to the governing law or the contract, furthermore the Parties shall, without delay, settle accounts with one another as stated for the termination of the contract, in accordance with the rules applicable to subsequent impossibility.

The contracting Parties shall, without any delay, notify one another in writing of the threat or the occurrence of any force majeure situation and its expected duration. Damages deriving from late notification of the threat or the occurrence of force majeure shall be borne by the Party liable for such late notification.

16. NOTIFICATIONS

16.1. Communication between the Parties may be made verbally (personally or by telephone) and in writing (email, letter), however, the Parties must conclude agreements concerning the implementation of the tasks required in each case

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recorded in writing (email, letter) within 3 business days.

16.2. The Customer is obliged to notify the Contractor in writing within 2 working days in case any disagreement occurs related to the fixed agreement in any respect. If such notification is not made within 2 working days, the Contractor will continue to work according to the agreement.

16.3 Notification by a letter with certificate of deliveryIf the Contract prescribes that a legal statement shall be delivered by sending a letter with certificate of delivery and the addressee does not take over such mail with recorded delivery sent to its delivery address defined in the present Contract or in lack of this to its registered seat for any reason, the delivery of the mail has to be attempted again. If the repeated delivery proves to be unsuccessful, the mail qualifies as delivered within 5 (five) days from the repeated posting.

16.4 Notification via electronic mail (e-mailThe Parties agree that they inform each other on the information related to the performance of the contract (including the issuance and acceptance of calls and orders on the basis of the contract) via electronic mailing system.

Purschase order includes the contact details of the contact persons.

For lack of confirmation of the receipt, the notifications sent electronically via email by the above contact persons shall be considered as delivered after one business day from sending.

The Parties acknowledge and accept that until proof of its opposite, the notifications, confirmations defined in the contract are sent electronically, by email to Customer and Contractor without authorized signature or other authorization replacing it.

The Parties are not entitled to refer in front of any court or authority to that that the emails created pursuant to the provisions of the contract are not in line with the formal requirements of written documents made in the name of the company, unless it was provably applied with a fraudulent or other unlawful intention.

In case of a dispute regarding the identity of the sender or the content of an email, the sending Party shall evidence that the mail was not sent by the person indicated as sender or that it was sent with a content different from the delivered one.

The Parties declare that they consider the email system to be applied secure and appropriate at the time of signing of the contract and also undertake to inform the other Party without delay on the fact or information that the security of the system is threatened. Parties are liable for any damage arising from their late notification.

Parties explicitly set forth that the contract shall not be amended or terminated by electronically sent mail.

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17. REFERENCE

17.1. The Customer is entitled to refer to the contract or its cooperation with Contractor if a third party explicitly requests this during a call for tender, public procurement process or contract negotiations. Without having an explicit written consent from Contractor Customer is only entitled to disclose the existence and the subject of the contract (with disclosing the volume of goods or Services pertaining to the subject matter of the contract) to the third party.

17.2. The Contractor may only be entitled to refer to the contract or its cooperation with Customer upon Customer’s prior and express consent in writing. Customer is entitled to revoke its consent provided at any time in writing without giving any reason.

18. ACCEPTANCE OF BUSINESS PARTNER CODE OF ETHICS

By the execution of the contract, the Contractor certifies that it has reached the Business Partner Code of Ethics of MOL Group on www.mol.hu, it has studied and understood what has been stipulated therein and agrees to be subject to the obligations deriving therefrom.

19. PROHIBITION OF EMPLOYING EMPLOYEES OF MOL GROUP

Contractor undertakes that during the performance of the contract it will not employ the employees of MOL Group neither in employment relationship nor in any other legal relationship for working, nor in the frame of civil relationship, furthermore it will not establish a business relationship with any company operating by direct or indirect participation or majority influence (as defined by the Hungarian Civil Code) of Customers’s employee or his/her close relative.This obligation shall be extended to the subcontractors or suppliers of [Name of the Contracting Party] and [Name of the Contracting Party] shall make the subcontractors or suppliers comply with this obligation.

20. TRANSFERABILITY / ASSIGNMENT

Customer is entitled to transfer/assign the contract in whole or in part or specific rights, obligations or claims arising from the contract to a third party, with the prior notice of the Contractor. By signing the contract, the Contractor irrevocably consents to any such transfer/assignment

21. USE OF SUBCONTRACTOR

Contractor is entitled to use subcontractor (performance agent) only upon the prior written consent of the Customer. Employing subcontractor (performance agent) shall be initiated by forwarding the subcontractor registration form to Customer. Customer’s consent shall not release the Contractor from performing its obligations against Customer or the liabilities thereof.

In case of using subcontractor (performance agent), Customer may, in writing and specifying the reasons thereof, request the Contractor to replace such subcontractor

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(performance agent) with another subcontractor (performance agent) or may prohibit any not reported subcontractor to enter the territory of the Customer. The Contractor may not reject such request and shall, within 15 days, involve another subcontractor (performance agent) or perform the relevant work himself. In case of employing a subcontractor (performance agent) Contractor shall be responsible for the work of the subcontractor (performance agent) as for his own work.

22. ACCEPTANCE OF THE HSE REGULATIONS

The Contractor undertakes to fully comply with the internal HSE Regulations (working-, fire-, environment protection, traffic etc. rules) effective within the territory of the Customer. By signing the contract the Contractor certifies that it has studied and understood what has been stipulated therein and agrees to be subject to the obligations deriving therefrom.

If the Contractor uses a subcontractor, Contractor undertakes that it strictly makes the subcontractor study and comply with the internal HSE Regulations (working-, fire-, environment protection, traffic etc. rules) effective within the territory of the Customer

23. APPLICABLE LAW

Parties agree that all issues covered by the contract – including the validity of the contract, the contractual provisions, declarations, agreements and obligations – shall be governed by the laws of Hungary, and by excluding the conflicting rules of this law.

24. COURT CLAUSE

Parties shall endeavour to settle amicably all disputes associated with the contract.In the absence of an agreement being reached amicably, Parties shall refer the dispute to the exclusive competence of the Budapest Second and Third District Court of Justice, if the local courts are competent according to the Hungarian Code of Civil Procedure. In any other cases Parties shall settle their legal dispute before the competent court having jurisdiction according to the Hungarian Code of Civil Procedure.

25. FULL AGREEMENT CLAUSE

The Contract constitutes the full agreement between the Parties regarding the subject matter of the Contract. By concluding the Contract all prior negotiations made by the Parties either verbally or in writing and respectively all their prior agreements having the same subject matter are hereby repealed. Those customs which the Parties applied before in their business relation and those practices they evolved within each other do not form part of the Contract; nor do any of those customs which are known widely and commonly and are regularly used by Parties of similar contracts in the given business.

26. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The general terms and conditions of the Contractor shall not be applied in case of agreed Contracts based on current general terms and conditions.

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Contractor also admits and confirms that it has studied and understood what has been stipulated therein and agrees to be subject to the obligations deriving therefrom. Parties find the information included in the general terms and conditions unequivocal and intelligible. Parties admit that the content of the general terms and conditions does not violate the consequence of good faith, and find the information justifiable included therein.

By signing the contract Contractor acknowledges that Customer is entitled to unilaterally amend – by sending a written notice Contractor before the planned amendments become effective – the general terms and conditions. If Contractor does not object against the amendments in writing within 15 days, it shall be considered as accepted by Contractor and it shall form a part of the contract.

27. LIST OF APPENDIXES:

Appendix 1.: Basic HSE requirements on MOL Group sites and premises of MOL member companies

Appendix 2.: Subcontractor registration datasheetAppendix 3.: EKAER data sheet

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Appendix 1.: Basic HSE requirements on MOL Group sites and premises of MOL member companies

Basic HSE requirements on MOL Group sites and premises of MOL member companies

1. General requirements

Contractor assumes the obligation to fully comply with the relevant HSE regulations (safety, fire, and environment protection, traffic, etc. rules) in effect at the sites, premises and filling stations (hereinafter collectively as: site) of MOL Group member companies (hereinafter as: MOL Group), and the relevant laws and HSE requirements (safety, fire and environment protection, traffic, etc. rules) specified in the inseparable appendices of the effective contracts and individual orders (hereinafter as: contract) in the line-bound facilities.

If the Contractor wants to employ the Services of a sub-contractor, then it will assume the obligation that this sub-contractor will fully comply with the HSE regulations in effect in MOL Group’s sites, and that the sub-contractor will take over the prescribed HSE regulations. The given sub-contractor will be employed only if it has become aware of and familiar with the relevant HSE regulations and acknowledged them as obligatory rules.

Contractor shall do its best efforts in order that materials and processes applied during its operations, and that health and safety of persons performing work and staying within the impact zone of work health, as well as elements of the natural and built environment cannot be exposed to danger, and no damage can be caused to MOL Group.

Contractor will be entitled to involve sub-contractors into the performance of the ordered work only if reported in advance in writing using the relevant acceptable form, accompanied with detailed justification, and subject to the Ordering Party’s written approval.

The contractor will be entitled to involve sub-contractors (performance agents) into the performance of its contractual obligations, but their maximum number can be three for project implementation by MOL Investment or directly by the relevant business, and two for Petrolszolg’s implementation.

Contractor shall ensure that the present HSE requirement system is validated throughout the sub-contractors chain. The contractor will be liable for the performance of its sub-contractors just like for its own.

2. Pre-work information on hse requirements

Contact officers identified in the contract and the order may be contacted in HSE requirements related to the performance of the contract and order, who will offer the opportunity for clarifying the emerging HSE issues raised by the Contractor and/or its sub-contractor (e.g.: site dangers, comments to HSE plan, interpretation of MOL HSE rules, etc.).

3. Subjective conditions

Contractor will be responsible for securing organised and documented training for its employees on rules specified in the present HSE appendix, including the Life-saving rules (see Point 10.), and for claiming its sub-contractors for the same.

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The training materials related to Life-saving rules are available at the following link: http://www.mol.hu/hu/belso_HSE/eletvedelmi_szabalyok/

In sites, offices and stores equipped with electronic entry system, the Contractor employees shall have valid, i.e. valid for the given MOL Group site, entry card. MOL Nyrt. contact officer shall provide the forms required for applying for such entry card and he will also provide information on relevant cost.

4. Objective conditions for work performance

4.1. Requirements to working and protective clothes and protective equipments

During its activities the Contractor shall use and wear the protective equipments in conformity with the provisions of the relevant laws and regulations, if sources of danger in place during its activities or its work performance so require.

The Contractor will be responsible for identifying and providing the supplementary protective equipments required for the given activity, including ensuring that they are used. The Ordering Party will be entitled for defining such protective equipments, and also for auditing their regular use.

Information related to entry into the site of work performance and type and protection capacity of the required personal protective equipments can be obtained from the contractual contact officer

4.2. Compliance of working equipments

The contractor may bring working equipments, tool and machines to the working area and technology area which are in perfect technical status and is accompanied with the prescribed operation manual, documentation, certificate, compliance document and commissioning document in accordance with its hazard category or control revision prepared in Hungarian language and specified in the relevant legal regulations, and all the required periodical revisions or inspections have been performed on these equipments.

4.3 Requirements for the applied chemical materials

During operations with dangerous materials and preparations, the Contractor shall keep the safety data sheets of such dangerous materials and preparations at the site of work or within easy reach (e.g. within the site). The Contractor will be entitled to keep dangerous materials and preparations at the working site only in quantities as required for the daily work.No materials/preparations with damaged or incomplete packaging and/or unidentifiable items will be allowed to bring into the site of the activity, working area, technology area, and these cannot be stored in equipments that are used for food items! No chemical materials and preparations may be released into the environment or drainage system.

4.4. Requirements for vehicles

Trucks and buses entering into MOL Group sites (except filling stations) shall comply with the requirements specified in Decree 5/1990 (IV.12.) KÖHÉM and 6/1990 (IV.12.) KÖHÉM and ADR. Further, vehicles entering into a technology area shall have firefighting equipments as it follows: for passenger cars at least 1 piece 1 kg charge fire extinguisher; for mobile lifting equipments at least 1 piece 2 kg charge fire extinguisher.

For trucks:

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up to 3,5 t permissible gross vehicle weight (GVW): 1 piece of 1 kg charge dry power fire ex -tinguisher

up to 12 t permissible gross vehicle weight: 1 piece 6 kg charge dry power fire extinguisher, up to 12-24 t permissible gross vehicle weight: 1 piece 12 kg charge dry power fire extin-

guisher, higher than 24 t permissible gross vehicle weight: 2 pieces of 12 kg charge dry power fire ex -

tinguisher. For auto buses:

up to 30 passenger capacity: 1 piece of 3 kg charge dry power fire extinguisher, between 31-100 passenger capacity: 1 piece of 6 kg charge dry power fire extinguisher, higher than 100 passenger capacity: 1 piece 12 kg charge, or 2 pieces of 6 kg charge dry

power fire extinguishers.

5. Traffic rules

There are specific and individual traffic rules in effect in every MOL Group site regarding the speed limit. Rules of the Traffic Code will be applied onto traffic within the sites. Driving into operation or technology area will require a permit. The security Service is authorised for holding regular speed limit control of vehicles using radar equipments. Drivers who may breach the speed limit may face penalty.

6. MOL Group HSE audits and potential consequences

The Contractor accepts that during its work performance MOL’s representatives may perform on-the-site audits in order to audit the compliance of the work with the relevant regulations and the Contractor’s site representative shall cooperate during such audits. These audits are focusing onto ensuring compliance with the requirements specified in the effective and relevant laws and in MOL Group HSE regulations.

The Contractor accepts that MOL Group will be entitled to impose the following sanctions for events of non-compliance identified and documented during the on-the-site audits, subject to the weight of the given event of non-compliance:

o to call upon for supplementing the missing document, etc. (immediately, or by a deadline)

o to order to hold extraordinary HSE training o to cancel / withdraw the permit to work o to impose a HSE penalty o to ban the contractor’s employee(s) from entry into MOL Group site for a

definite period o to terminate the contract with immediate effect.

The Contractor accepts that MOL Group may impose HSE penalties described in Attachment 1. onto the Contractor for event of non-compliance identified during the on-the-site audits.

7. Reporting HSE events and potential consequences

The Contractor shall immediately report to the site manager (operator) and the Ordering Party’s representative any fire, near miss, environment pollution, technical incident and traffic accident that occurred at the working area, or during the work performed by its own or its sub-contractor’s work, which shall be confirmed within 24 hours also in writing. If such reporting is missed the Ordering Party will be entitled to terminate the contract with immediate effect.

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The Contractor shall supply every data and detail to the Ordering Party’s and the Operator’s representative in order that thus it can enable the preparation of every report and document for the Ordering Party. The Contractor shall involve the Ordering Party’s representative into the investigation, and provide him a copy of the investigation protocol.If any of the Contractor’s or its sub-contractor’s employees causes an accident, fire, explosion or pollution to the environment at a MOL Group’s site, then the Contractor shall directly pay in addition to the compensation for direct damages also any and all consequential cost arising from or related to the intervention, remediation, recultivation and firefighting on behalf of MOL Nyrt. or its fire brigade (firefighting materials, required technical and human resources, etc.).

8. Actions in case of emergency

The contractor shall get acquainted with the rules of the alarm system in effect in the site, the method of alarm, assembly and lock-up places, emergency phone numbers, and the expected rule of conduct.

9. Waste management, materials storage and housekeeping

The contractor shall collect all wastes generated or produced during its activity and in its ownership (e.g. paint boxes, aerosol cylinders, other packaging materials, communal wastes) at the working site in an environmentally-friendly manner and equipped with all the relevant labels or signage, and transport such waste from the site at the conclusion of the daily work or time-to-time as required.

The contractor shall continuously ensure the proper housekeeping in the working area during the work performance, and to maintain perfect physical order and status of the working area throughout the entire work process in respect of safety, environmental and fire protection, with consideration to the regulations applicable onto treatment, storage and registration of wastes.

10. Additional life-saving rules

Life-saving Rules shall be applied in every operation in MOL Group and/or the corporate management. Every person who stays in a MOL Group’s site in Hungary shall comply with the requirements described in the Life-saving Rules.

Smoking is allowed only in designated areas! Prior to starting any work check whether energy sources are isolated or switched off! Apply for permit to work and comply with its rules! Use the prescribed safety or life-saving equipments! Hold an air space test or analysis if and when required! Do NOT work in trenches without proper protection (grading, supported)! Do not remove the safety signals or markings and do not de-activate or overrule the

safety-critical equipments! Do not violate the rules for safe elevation or lifting! Do NOT drink alcohol or take drogs prior to and during work! Comply with the safety rules and intervene when and if required!

Schedule 1.

Sanctions imposed by the ordering party due to deficiencies and violation of rules identified during on-the-site HSE audits and provisions for their application

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1. The ordering party’s representative(s) will be entitled to hold at any time an audit checking compliance with the relevant HSE regulations in accordance with the provi-sions of the relevant contract in the sites, premises (hereinafter collectively referred to as: site) of MOL.

2. The ordering party will record the findings and conclusions made by its representative(s) during such audit(s) into a protocol, and the contractor on-the-site work supervisor, or other representative/agent acting as authorised representative will sign this document.

3. The contractor will mean a partner contracted with the ordering party, and this partner will be liable and responsible for its involved sub-contractor as for himself. The contractor will be liable and responsible for violation of rule committed by the sub-contractor and its consequence towards the ordering party.

4. If the ordering party’s representative finds or concludes during the audit that the contractor violated the HSE regulations during its performance or work, then this party may impose a penalty based on the records in the protocol(s) or apply “Other actions/consequences” as specified under Point 11.The contractor further agrees to perform and follow the actions identified in the state of affairs enlisted under the following Point 11., in conformity with the ordering party’s instructions.Payment of penalty(ies) described under Point 11. will not release the contractor from other consequences specified for the breach of contract, and/or from more serious legal consequences specified in the relevant laws and regulations.

5. If the ordering party can during the performance of the contract or individual work order (hereinafter as: the contract) identify several times the state of affairs as the basis for imposing the penalty in the on-the-site audit, the penalty may be imposed also several times under the said state of affairs.

6. In case several deficiencies (state of affairs for penalty) emerge simultaneously, the penalty may be imposed individually or in combination after each state of affairs.

7. The ordering party will summarise the content of the on-the-site audit protocols establishing the state of affairs, as the basis for imposing the penalty within 45 days following the occurrence of the condition (successful technical hand-over/take-over, or other condition specified in the contract) defined for the performance of the contract as the latest, or at the same time will take action for imposing the penalty. On-the-site audit protocol(s) and protocol drawn up by the ordering party showing the amount of the penalty and other relevant data (violation of rule, etc.) shall form appendices of the notice of such penalty.

8. Employees will mean the employees of the contractor and also the sub-contractor, in harmony with Point 6. above.

9. Definitions related to the state of affairs shall be always interpreted in accordance with the relevant provisions of the then effective HSE laws and regulations (health protection, safety technology, safety, environmental protection) and the contract.

10. Expulsion will mean the immediate cancellation (withdrawal) of permits to work by the ordering party, and the suspension of the given work process/operation. In case of imposing a ban from entry into a MOL site, the given employees cannot be given a valid entry pass into the relevant MOL area during the term of such ban.

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11. Presentation of penalty-bound state of affairs, sanctions and actions if such a state of affairs is detected or identified:

Sr. nr. Scope of the audit, conclusions/findings

Pena

lty

amou

nt

(HU

F)

Pena

lty

amou

nt

(EU

R)

Oth

er a

ctio

n/

cons

eque

nce

1. Smoking, using ignition source in prohibited area

1.1Smoking in area not designated for smoking irrespective of fire hazard category)

100 000/head

330/head

to ban the person’s entry into MOL site for one (1) year

2. Working without permit to work

2.1

Missing and/or invalid „general work permit” for the given work or activity

200 000 660

Immediate expulsion and to ban the supervisor’s entry into MOL site for one (1) year

2.2

Missing and/or invalid „ hot work permit” for the given work or activity

200 000 660

Immediate expulsion and to ban the supervisor’s entry into MOL site for one (1) year

2.3

Missing and/or invalid „confined space work permit” for the given work or activity 200 000 660

Immediate expulsion and to ban the supervisor’s entry into MOL site for one (1) year

2.4Missing and/or invalid „vehicle entry permit” for the given work or activity

50 000/vehicle

165/vehicle

To remove the vehicle from the area or site

3. Violation of rules relevant to isolation of dangerous materials/energy

3.1

Failure in isolation of dangerous material and energy specified in the permit to work (if it is the contractor’s responsibility)

200 000 660

Immediate expulsion and to ban the supervisor’s entry into MOL site for one (1) year

4. Not using/wearing the prescribed life-saving protective equipments

4.1

The respiratory equipment (except face mask) prescribed in the permit to work or laws or regulations is not used and/or its protection capacity cannot be identified and/or it is inadequate. 100 000

/head330

/head

If it was available but the employee did not use it, then to ban the employee ’s entry into MOL site for one (1) year

If it was not available, then to ban the supervisor’s entry into MOL site for one (1) year

4.2 Anti-fall body harness prescribed in the permit to work or laws or regulations is not used and/or the device is not properly fixed to the fastening point (simple waist belt, or rescue belt will not be acceptable), and/or the body harness is in unacceptable status and/or its inspection was not performed.

100 000/head

330/head

If it was available but the employee did not use it, then to ban the employee ’s entry into MOL site for one (1) year

If it was not available, then to ban the supervisor’s entry into MOL site for one

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(1) year

5. Failure in performing the prescribed gas concentration test(s)

5.1

The personal gas concentration measuring equipment prescribed in the permit to work and calibrated in document is not used (including also the use of technically default or deficient or switched-off equipment) 200 000 660

If it was available but the employee did not use it, then to ban the employee ’s entry into MOL site for one (1) year

If it was not available, then to ban the supervisor’s entry into MOL site for one (1) year

6. Protection against collapse is missing

6.1

Protection of the working trench against collapse with slope or ramp or timbering, sheeting is missing or inadequate, material is stored on the rupture plane, ascending and escape is not secured (the HSE plan shall prescribe the method of protection against collapse).

200 000 /entering person

660/entering person

Immediate expulsion and to ban the supervisor’s entry into MOL site for one (1) year

7. Safety equipments are removed or missing

7.1

Equipments and signals that have material impact onto safety are removed or they are off-compliance. 200 000 660

Immediate expulsion and to ban the supervisor’s entry into MOL site for one (1) year

8. Violation of regulations relevant to lifting operations

8.1

There is a person under the load in the air. 200 000 /

head660

/head

Immediate expulsion and to ban the employee’s entry into MOL site for one (1) year

8.2

No action was taken to prevent accidental start of working machine or vehicle (e.g. ignition key remained in place while its operator is not in the direct vicinity of the machine).

100 000 330

To immediately remove the key from the machine and give back only after recording into protocol

To eliminate deficiency

8.3Driver left the vehicle with running motor. 100 000 330

8.4

Manual control and positioning of the load is not performed in compliance with the effective regulations during a lifting operation with machine.

100 000 330To eliminate deficiency, expulsion in case of repeated deficiency

8.5

The logbook of the lifting machine is not on site and/or it is not continuously kept 100 000 330

Correction, and expulsion in case of repeated deficiency

9. Proven consumption of alcohol or drog

9.1Consumption of alcohol or drog proven by an audit or investigation performed by MOL Corporate Security

200 000 /head

660/head

to ban the person’s entry into MOL site for one (1) year

10. The required documents are missing10.1 There is a sub-contractor’s employee 500 000 / 1670 Sub-contractor’s immediate

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at the working area who is not reported in the contract.

sub-contractor

/sub-contractor

expulsion from the working area

10.2

Older than 1-year basic and site-specific HSE training and/or missing or invalid HSE booklet (where this booklet is an obligatory item)

50 000 /head

165/head

Expulsion until make-up work

10.3

The written appointment (or its copy) approved by the employer (company) for the permitted work is not available at the site or it is not valid

100 000 330

Make-up work, and expulsion in case of repeated deficiency

10.4

Personal qualifications required for the work are missing (certificates, special exams, e.g. fire protection, mining safety)

100 000 /head

330/head

To suspend/stop the work of the given person until make-up work, expulsion if repeated

10.5Updated list of equipments and machines on-site is missing 50 000 165 Make-up or correction

10.6

Equipments and machines on-site cannot be identified with those recorded in the equipment list (no marking, or it is worn-out, etc.).

25 000/

equipment

Make-up or correction

11. Conditions specified in the relevant permit to work are not fulfilled

11.1

Conditions specified in the relevant permit to work (other not shown in the present list) are not fulfilled.

25 000/rule

85/rule

Until make-up to suspend work performance

12. Escape routes are not secured

12.1

Traffic roads, passageways, escape routes, emergency exits are blocked due to reasons attributable to the contractor.

100 000 330

Make-up or correction, and expulsion in case of repeated deficiency

13. Unacceptable housekeeping and behaviour

13.1

Materials delivered by the contractor to the working area or produced during the work or de-commissioned materials are not stored in the designated area.

Dangerous and not dangerous wastes are not collected and transported as prescribed in laws and regulations, if the contractor is responsible for the transportation.

50 000 165

Make-up or correction, and expulsion in case of repeated deficiency

13.2

There are unsafe protruding nails and sharp objects in the working area due to reasons attributable to the contractor.

50 000 165

Make-up or correction, and expulsion in case of repeated deficiency

13.3 There are pipelines and hoses across on passageways, traffic roads without mechanical protection and/or the mechanical protection may cause

50 000 165 Make-up or correction, and expulsion in case of repeated deficiency

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slipping.

Electric cables as overhead wires are not fastened at multiple points as required.

13.4

Negligent or careless behaviour that may expose hazard onto the worker and others in the vicinity of work.

100 000 330

13.5

Exceeding speed limits defined for the site 100 000 /

vehicle330

/vehicle

In case of repeated event to ban the employee (driver) from entry into MOL sites for 1 year

13.6Failure to report HSE events during work 100 000

/incident330

/incident

to ban the person’s entry into MOL site for one (1) year

14. Work supervisor is not properly appointed and cannot be appropriately identified

14.1

The on-the-site work supervisor was not shown on the „Appointment” or the permit to work or he is not present in the site or he did not appoint his substitute.

50 000 165

Make-up or correction, and expulsion in case of repeated deficiency

15. Safety Data Sheet is not available

15.1The safety data sheet of dangerous materials stored or used on the site is not available on the site.

50 000 /sheet

165/sheet

Correction or make-up

16. Storage of dangerous materials is not acceptable

16.1

The safety data sheet of dangerous materials stored or used on the site is not available on the site.

50 000 /material

165/material

Correction or make-up

17. Conditions for providing first aid are not secured

17.1 The first aid box is incomplete, the bandage validity expired. 50 000 165 Correction or make-up

18. Firefighting equipments are not properly secured

18.1

The firefighting equipments are not secured on the working site in the number and type as prescribed in the permit to work

100 000 330Expulsion until correction / make-up work

18.2

The safe and ready-to-use status of the prescribed firefighting equipments cannot be verified (sub-titles, scripts, seals are missing)

100 000 330Expulsion until correction / make-up work

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Appendix 2.: Subcontractor registration data sheet

SUBCONTRACTOR (FULFILLMENT PARTNER) REGISTRATION DATASHEET

Instructions for filling out the datasheet:

Please fill out sections 1-3. and 5. for each Subcontractor (fulfillment partner) separately and send it back to [MOL Group member]. (In case your offer is electronic: filled as word document and in addition in pdf format with company signature. In case your offer is paper-based: printed on paper with company signature).

Section 4. is only required and to be sent back with company signature to [MOL Group member] if the Subcontractor (fulfillment partner) is being registered after the agreement has already been made with [MOL Group member].

Registrator data

Registered company name

Tax number of Registrator

1. Registrator data:

2. Subcontractor (fulfillment partner) data:Subcontractor (fulfillment partner) data

Registered Company name

Registered Company short name

Company registration number

Tax number

European Community Tax number

Address of Headquarters or Site

Country

Zip code

City

Street

Number

Mailing address (if differs from the headquarters’ address)

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Communication language

Availability

Phone number

Fax

E-mail

Contact person

Name

Position

Phone number

Fax

E-mail

3. Registration data:Description of Service which will be provided by Subcontractor (fulfillment partner)

Reason for involving Subcontractor (fulfillment partner)

Date of Subcontractor (fulfillment partner) is being involved

Subcontractor (fulfillment partner) fee (one-time or annual estimate in HUF)

4. To be filled in case of posterior Subcontractor (fulfillment partner) registration:Agreement details

Contract number between [MOL Group member] and Registrator

Order number between [MOL Group member] and Registrator

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5. Declaration:The Subcontractor (fulfillment partner) that has been registered here by Registrator has valid license for the required Service. In case of posterior registration the Registrator declares that posterior involving of Subcontractor (fulfillment partner) will not modify the conditions of the original offer or conditions of the agreement (if already signed) with [MOL Group member].

We hereby certify that the statements made above are truthful.

____________________________ ____________________________

Registrator Company signature Subcontractor (fulfillment partner) Company signature

Date: ______________________ Date: ______________________

6. To be filled by [MOL Group member]:

Responsible organization – The Subcontractor is: Procurement - The Subcontractor is:

Approved. Approved.

Declined. Declined.

Date: ________________ Date: ________________

_____________________________________

[MOL Group member] – Name, position

_____________________________________

[MOL Group member] – Name, position

_____________________________________

Signature

_____________________________________

Signature

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