Annex No. 2 to the Framework Lease Agreement

GENERAL LEASE TERMS AND CONDITIONS OF MATECO SLOVAKIA s.r.o.
Art. I Preamble

1. These general lease terms and conditions (hereinafter referred to as “GTC”) of mateco Slovakia s.r.o., with its registered office at Strážska cesta 7892, 960 01 Zvolen, Company ID: 36 620 114, registered in the Commercial Register of B. Bystrica, Section Sro, Reg. No.: 8576/S (hereinafter referred to as the “Landlord”) are an integral part of the framework lease agreement concluded between the Landlord and the Tenant (hereinafter referred to as the “Framework Agreement”), as well as other agreements concluded between mateco Slovakia s.r.o. as the lessor and other entities in the position of lessee (hereinafter also the “contract”) and relate to the rental of the Lessor’s construction machinery, in particular construction machines, work platforms, accessories and other related goods according to the current offer of the Lessor (hereinafter also the “subject of the lease” or “PN”). The person who has concluded a framework agreement or contract with the Lessor is referred to as the Lessee.

2. The rental of the PN is carried out on the basis of individual rental agreements, concluded on the basis of the Lessee’s confirmed orders according to the agreement and/or framework agreement and these GTC (hereinafter only the “individual agreement”). For the purposes of these GTC, the term “Contract” means the agreement and/or framework agreement together with these GTC and all its annexes.

3. For the purposes of these GTC, the term “contracting parties” or also “parties” means the Lessor and the Lessee designated in the contract and/or framework contract and/or in the individual contract.

4. If any document that arose on the basis of or in connection with the contractual relationship between the Lessee and the Lessor contains a reference to the general and/or other terms and conditions of the Lessee, the contracting parties exclude any application of the general and/or other terms and conditions of the Lessee.

5. The Lessor is entitled to unilaterally change the GTC in the manner specified in this point, with which the Lessee agrees in advance. The Lessor is obliged to inform the Lessee of the change in the GTC in writing or by email. The Lessee is entitled to notify the Lessor in writing within 14 days of the delivery of the notice of change in the GTC, or does not agree with the new GTC, in which case the original GTC shall continue to apply to his relations with the Lessor. If the Lessee does not notify the Lessor in writing of his disagreement with the new GTC, these shall become binding for both parties upon the expiry of the 14th day from the delivery of the report informing the Lessee of the change in GTC. The Lessee undertakes that if the amended GTC become binding for him in the above procedure, he shall fully respect them and fulfil the obligations arising from them. If the Lessee does not agree with the Lessor's proposed change in GTC, the Lessor shall be entitled to withdraw from the Agreement for this reason.

Art. II Method of ordering the PN, delivery terms and method of returning the PN

1. Unless the contracting parties agree otherwise, the Lessee's order must contain at least the following information:
a) order number,
b) identification data of the Lessee (business name, registered office, company ID, VAT number) in accordance with the current extract from the commercial or trade register,
c) defined subject of the lease,
d) requested lease period (lease start date and expected end date),
e) name of the building and location of the workplace where the PN will be located and used during the lease period, i.e. exact address of the place (for the purposes of the Agreement also referred to as the "Lessee's workplace"),
f) name, surname and telephone contact of the person authorized to take over the PN and in the case of self-delivery of the PN, the license plate number of the Lessee's vehicle,
g) name, surname, telephone and email contact of the person authorized to issue the order,
h) date, stamp and signature of the Lessee's authorized person. Missing order details do not affect its validity.

2. The Lessor undertakes to deliver the ordered PN to the Lessee without undue delay after it has procured it for the Lessee. In the event that the PN is not in the Lessor's warehouse at the time of delivery of the Lessee's order, the Lessor shall always unilaterally determine the deadline for handing over the PN to the Lessee, which is exclusively indicative. The deadline for handing over the PN to the Tenant is considered to have been met if, on the handover date specified by the Lessor, the PN is ready in the Lessor's warehouse for dispatch and/or collection by the Tenant and, if the transport of the PN to the handover location is provided by the Lessor, the handover date is considered to have been met if the Lessor delivers the PN to the Tenant no later than the specified handover date.

3. The deadline for handing over the PN to the Tenant is automatically extended by circumstances excluding liability, including force majeure that occurred independently of the Lessor's will, in particular fire, strike, floods, delay of the Lessor's supplier, etc.

4. Unless otherwise agreed in writing by the parties, the Lessor shall fulfill its obligation to hand over the PN to the Lessee by (i) allowing the Lessee to handle the PN on the Lessor's premises and/or (ii) handing over the PN to the Lessee at a location agreed upon by the parties and/or (iii) handing over the PN to a third party for transport to the Lessee.

5. Each delivery of the leased object to the Lessee shall be considered a separate performance under the Agreement. The provisions of the Agreement shall apply to each delivery of the leased object that takes place during the term of the Agreement.

6. If the PN is handed over to the Lessee on the Lessor's premises, the Lessee is entitled to take it over at the time notified by the Lessor, during the opening hours valid at the Lessor.

7. If the PN is delivered to a location designated by the Lessee, the Lessee is obliged to provide the Lessor with all necessary assistance for the acceptance of the PN, in particular to provide the personnel and equipment necessary for the assembly of the PN at the designated location, acceptance of the PN and confirmation of acceptance of the PN.

8. In the event that the PN is not accepted within 3 days from the date of notification of the date of handover of the PN to the Lessee for reasons on the Lessee's part and the Lessee and the Lessor do not agree (in writing or by e-mail) on an alternative date for the acceptance of the PN by the Lessee, the Lessor is entitled to withdraw from the individual contract and offer the undelivered PN to a third party.

9. The Lessee or a person authorized by him is obliged to confirm the receipt of the Vehicle from the Lessor by signing the protocol on the delivery and receipt of the Vehicle (hereinafter referred to as the "Protocol"), where the Lessee or a person authorized by him is also obliged to clearly state his name, surname, relationship to the Lessee, or the license plate number of the vehicle through which the receipt or transport of the Vehicle is ensured.

10. The Lessee is entitled to refuse to accept the Vehicle only in the case of obvious defects in the Vehicle, consisting in visible damage to the Vehicle, otherwise he is obliged to accept the Vehicle from the Lessor. The Lessee is obliged to inspect the Vehicle when handing over the Vehicle to the Lessor and record all defects or damage to the Vehicle in the Protocol.

11. The presentation and handover of the PN, together with the training of the Lessee's authorized person, shall be carried out by a person authorized by the Lessor at the place of handover of the PN to the Lessee, usually at the Lessee's workplace, unless otherwise agreed. The aforementioned training does not replace the professional competence of the PN operator pursuant to §17 of the Decree of the Ministry of Labor and Social Affairs of the Slovak Republic No. 508/2009 Coll.

12. The date of receipt of the PN by the Lessee from the Lessor, specified in the Protocol, shall be considered the beginning of the lease. The Contracting Parties have expressly agreed that if the Lessee returns the entire subject of the lease to the Lessor during the lease period specified in the Lessee's order, the date of receipt of the PN or its last part by the Lessor shall be considered the date of termination of the PN lease, without the need to conclude a separate agreement on the termination of the lease. The Parties also agree that if the Lessee returns the entire leased object to the Lessor, the Lessor shall also be entitled to the rent for the day on which the PN was returned, regardless of the date of the notice of termination of the lease.

13. The Lessee undertakes to return the PN to the Lessor no later than the last day of the lease period specified in the Lessee's order. In the event of failure to fulfill the Lessee's obligation to return the PN to the Lessor in accordance with this point properly and on time, the Lessee undertakes to pay the Lessor, on the first day of delay, compensation for the possibility of using the leased object for each day of delay, including any commenced day, in returning the PN under this point of the contract, which corresponds to the amount of rent without discount under the framework agreement or the contract.

14. The Lessee may agree with the Lessor to extend the lease period. The Lessee must request an extension from the Lessor in writing or electronically at least 1 day before the expected end of the lease.

15. After the end of the lease period, the Lessee is obliged to return the leased PN to the Lessor in the same technical condition (except for reasonable wear and tear) in which it was received from the Lessor.

16. Unless the parties agree otherwise in writing or by e-mail, the Lessor shall provide the transportation of the PN from the Lessor's center to the Lessee's workplace and the transportation of the PN from the Lessee's workplace to the Lessor's center. If the parties agree that the transportation according to the previous sentence is provided by the Lessee, it shall be at the Lessee's expense and risk. If the transport of the PN to the workplace or from the Lessee's workplace to the Lessor's center is provided by the Lessor, the costs of transporting the PN are not included in the rent and the Lessee is obliged to pay these to the Lessor no later than the due date agreed in the framework agreement or in the contract, unless the Contract specifies otherwise. In the case according to the previous sentence, the Lessee bears the risk of damage to the PN, while when the PN is transported to the Lessee's workplace by the Lessor, the risk of damage to the PN passes to the Lessee at the moment the Lessor loads the PN onto the means of transport ensuring the transport of the leased object.

17. Before returning the PN, the Lessee is obliged to agree with the dispatching department of the relevant center (deputy manager, center manager
a) the date and time of the requested return of the PN. After returning the PN to the Lessor, the Lessor has the right, within 14 days of the return of the PN to the Lessee, to inspect the returned PN, focusing primarily on its technical condition. The Lessee has the right to participate in this inspection himself or through a person authorized by him. For this purpose, the Lessee is entitled to request the Lessor to notify the Lessee of the inspection date. The Lessor shall notify the Lessee of the inspection date of the returned PN at least 24 hours before the inspection based on the Lessee's prior request, delivered to the Lessor no later than the day the PN is returned to the Lessor. The Lessee's failure to participate in the inspection does not affect the result of the inspection and the Lessor is not obliged to repeat the inspection of the PN due to the Lessee's failure to participate in its execution. The Lessor shall notify the Lessee of the inspection result.

Art. III Payment Terms

1. The Lessor is entitled to always demand (even if there is another agreement or custom between the parties):
a) payment of the rent or other payments or the part determined by the Lessor before delivery of the PN (advance payment),
b) payment of the entire rent or other payments or the part determined by the Lessor directly upon delivery of the PN to the Lessee at the Lessor's cash desk.

2. In the event of a delay by the Lessee in fulfilling any obligation to the Lessor under the Agreement, the Lessor is entitled to:
a) proceed in accordance with point 1 of this article of the GTC,
b) reduce or cancel the provided discount on the rent and other payments, or bonus, if the Lessor has granted a discount or bonus. provided the bonus to the Lessee,
c) suspend the delivery of the PN (including the ordered PN),
d) withdraw from the Agreement, or from an individual agreement concluded on the basis of the Agreement,
e) apply the so-called cross default against the Lessee, i.e. on the thirtieth day of the Lessee's delay in fulfilling any monetary obligation to the Lessor, all other obligations of the Lessee to the Lessor (for example, rent for the entire agreed lease period) will also become due, even if their maturity was to occur later or was tied to the fulfillment of a condition,
f) cancel any already confirmed order of the Lessee. The Lessor is not liable to the Lessee for any damage that may arise from the cancellation of an already confirmed order. The Lessor is entitled to apply the above separately or in combination.

3. The Lessee shall pay the Lessor the rent for the Premises within the due date of the invoice agreed in the Agreement, unless the Lessor unilaterally determines otherwise.

4. All claims of the Lessor against the Lessee always become due (even if their maturity was to occur later or was tied to the fulfillment of a condition):
a) on the date of filing a petition for bankruptcy or for the commencement of restructuring of the Lessee's assets,
b) on the date on which any enforcement proceedings are initiated against the Lessee,
c) on the date on which a decision is adopted that results in a change in the Lessee's partners (shareholders) to the extent of more than 49% of the Lessee's registered capital and/or a change in all members of the Lessee's statutory body; however, not earlier than the date on which the Premises are handed over to the Lessee. The Lessor's right to withdraw from the Agreement or an individual agreement is not affected by this.

5. The Lessor is entitled to request from the Lessee security for his financial obligations, including obligations that arise in the future (e.g. surety, establishment of a lien, accession to an obligation, bank guarantee, etc.) upon and/or after signing the Agreement. In the event of such a request, the Lessor is entitled to suspend the delivery of the PN to the Lessee for the purposes of the lease until the Lessee provides the required security, which shall not be considered a breach of the Lessor's obligation.

6. In the event of doubts about the amount of the agreed rent and other payments under the Agreement, the price agreed by the parties, stated in the Agreement, in the order or in the invoice is the price excluding VAT, to which the Lessor shall add VAT in accordance with applicable legislation.

7. The invoice issued by the Lessor shall contain all the details stipulated by the legal regulations, in particular (i) invoice number (ii) date of taxable performance (iii) identification data of the Lessor and the Lessee (iv) invoiced amount excluding VAT (v) date of invoice issuance (vi) invoice due date (vii) quantity and type of delivered PN (viii) number of days of use of PN by the Lessee, calculated on the basis of the Protocols.

8. Deficiencies in the invoice or its return, as long as the invoice clearly shows the specification of the rented PN, the price for renting the PN or other fees and the identification of the Lessee, do not affect the Lessee's obligation to pay rent and other payments pursuant to the Agreement.

9. The Lessor is entitled pursuant to Section 71, paragraph 1, letter
b) of Act No. 222/2004 Coll. on Value Added Tax, as amended, to issue an invoice to the Lessee in electronic form and deliver it to him by electronic mail to the Lessee's e-mail address, which is stated in the framework agreement or in the agreement or to the e-mail address that the Lessee provided to the Lessor for the purpose of mutual communication, with which the Lessee agrees. The Lessor undertakes to ensure the authenticity of the origin, the integrity of the content and the readability of the electronic invoice in one of the ways according to the cited Value Added Tax Act, while the method of securing the electronic invoice shall be unilaterally determined by the Lessor, with which the Lessee agrees. The Contracting Parties have agreed that the delivery of an electronic invoice to the Lessee's e-mail address is considered to be the submission and delivery of the invoice for the rental of the PN to the Lessee. The Contracting Parties have agreed that in case of doubt, the electronic invoice is considered to be delivered at the moment of its demonstrable sending to the Lessee's e-mail address.

10. The Lessee is entitled to set off his claims against the Lessor only if the Lessor has acknowledged these claims in writing. Any set-off made in violation of this provision shall be deemed invalid.

11. The Lessor is entitled to set off all receivables from the Lessee with the receivables that the Lessee has against the Lessor under the Agreement or on any other legal basis.

12. The Lessor is entitled to set off, at its own discretion, payments from the Lessee, including the deposit paid by the Lessee, against the oldest (earliest due) and also the statute-barred obligations of the Lessee, even if the Lessee determines that the payment is set off against other obligations of the Lessee. For the purposes of this point, the term Lessee's obligations means any monetary obligations of the Lessee, including accessories.

13. In the event of the Lessee's delay in fulfilling any monetary obligation or part thereof to the Lessor, as well as in the event of such a breach of this Agreement by the Lessee, which establishes the Lessor's right to withdraw from the Agreement or an individual agreement, the Lessee loses the right to discounts provided to him by the Lessor under this Agreement and the Lease
j) record all information on the operation of the PN, inspections and maintenance of the PN in the lifting equipment logbook.
k) ensure that the PN is operated by a person trained by a person authorized by the Lessor and professionally qualified within the meaning of Section 17 of the Decree of the Ministry of Labor and Social Affairs of the Slovak Republic No. 508/2009 Coll. with a written confirmation of professional competence for operation;
l) ensure prescribed protective equipment when working with the PN and compliance with relevant OHS regulations;
m) provide fuel, perform routine daily maintenance of the Vehicle, inspection, lubrication, and operations according to the Lessor's recommendations. If the Lessee does not replenish the fuel to its original condition before handing over the Vehicle to the Lessor, he will be invoiced for the difference. The price of fuel will be calculated based on the prices valid on the market on the date of calculation with a handling surcharge of 0.30 EUR/l;
n) maintain the Vehicle in excellent condition, keep it clean, and ensure that it does not suffer undue wear, damage, loss, or destruction;
o) not carry out any modifications or repairs to the Vehicle without the prior written consent of the Lessor;
p) immediately allow access to the Lessor's authorized employees to the Vehicle for the purpose of checking the operating conditions of the Vehicle, performing a technical inspection of the Vehicle, or repairing it;
q) immediately notify the Lessor by telephone and subsequently in writing or by email (on the same day) of any damage or defect to the Vehicle or any event that results in or may result in damage, destruction, loss or reduction in the value of the PN, except for a reduction in the market value of the PN caused exclusively by the passage of time and proper use. The notification must include the location of the PN and the date of occurrence of the malfunction, defect or accident;
r) deliver the PN to the Lessor for the purpose of its repair, modification, inspection, especially in the event of a defect, malfunction or other damage to the PN that prevents further use of the PN for the purpose agreed in the Contract, and which did not occur for reasons on the Lessor's part, unless the Lessor specifies otherwise.

6. Failure to fulfill any of the Lessee's obligations specified in the previous point of the GTC properly and on time shall be considered a material breach of the Agreement and/or individual agreement by the Lessee. If the Lessee breaches its obligation not to lease or use the PN to a third party, it shall be obliged to pay the Lessor a contractual penalty in the amount of 100% of the daily rental price quote under the framework agreement or agreement for each day of unauthorized use of the PN by a third party. The Lessor's right to withdraw from the Agreement, including the individual agreement, shall not be affected.

7. The Lessee shall be liable for damage to the PN, for its loss, destruction, theft, premature wear and tear caused by improper or inappropriate use and damage throughout the lease term, with the exception of normal wear and tear of the PN arising in accordance with its proper use. The Lessee shall also be fully liable for the condition of the terrain and the possibility of deploying the PN.

8. If the Lessor, upon inspection of the PN, discovers:
a) damage or loss of small parts or components of the returned PN, the Lessor shall issue an invoice to the Lessee for material service and spare parts, in accordance with the price offer specified by the Lessor.
b) that the PN returned by the Lessee is damaged, but it is possible to repair it and bring it into a technical condition corresponding to the PN handed over at the beginning of the lease, the Lessor shall invoice the Lessee for the costs incurred for the repair in accordance with the price offer specified by the Lessor.
c) excessive damage to any part of the returned PN or the entire returned PN, which would not meet the required technical parameters even after repair, the Lessor shall issue an offer to the Lessee to purchase it. The Lessee has the right, within 14 days from the date of sending the offer, to comment on the offer made. The Lessee is obliged to take over the damaged PN, which is located at the Lessor's center at the time of notification to the Lessee, at his own expense. The deadline for taking over the damaged PN is 14 days from the date of sending the notification. Subsequently, the Lessor will issue an invoice to the Lessee for the purchase of the PN in the amount of the residual selling price of the PN determined in accordance with the current price list of the Lessor. In the event that the Lessee does not accept the offer and does not take over the damaged PN, the Lessor will invoice the Lessee for compensation for damages. In such a case, the Lessor may dispose of the untaken damaged PN.
d) In the event that the Lessee does not return the PN, the Lessor will issue an invoice to the Lessee for the purchase of the PN in the amount of the residual selling price determined based on the current price list of the Lessor.

9. If the PN is returned with an insufficient amount of electrolyte in the batteries or if the Lessor detects a lack of electrolyte during the inspection of the PN, the Lessee is obliged to reimburse the Lessor for the costs of replacing the batteries.

10. The Lessee is also obliged to take all necessary measures against the destruction, loss or theft of the PN. The Lessee is obliged to notify the Lessor immediately by telephone, email or in writing of the occurrence of an event under point 8 of this article of the GTC.

11. When performing rough work, the Lessee is obliged to cover and protect the PN. This applies in particular to painting, welding and cleaning work using corrosive substances. The Lessee acknowledges that the costs of removing contamination with paint, concrete or similar materials will be charged at his expense. The PN is not allowed to be used for sandblasting work. In case of breach of obligations under this paragraph, the Lessee is obliged to reimburse the costs of restoring the PN to its original condition.

12. In the event of damage to the PN controller, the Lessee is obliged to pay for the repair and in the event of its loss, he is obliged to pay for a new controller. The Lessee is obliged to keep the controller in a safe place outside of working hours. The Lessee is obliged to immediately report the theft of the controller to the Lessor. In the event of theft or damage to the controller, the Lessee is obliged to compensate the Lessor for the damage incurred.

13. Damage to property under the Commercial Code is the loss, destruction, damage or depreciation of the thing, regardless of the reasons for which it occurred.

14. The Lessee is obliged to pay the Lessor's claims that arise in accordance with the provisions of this article of the GTC to the Lessor within the due date agreed in the framework agreement or in the contract, unless the Contract specifies otherwise.

15. If during the term of the Contract or an individual contract circumstances excluding liability arise on the part of the Lessee, including force majeure, the Lessee is obliged to inform the Lessor of this fact in writing or by e-mail no later than 3 days from their occurrence. If the circumstances according to the previous sentence last longer than 7 days and the contracting parties do not agree on further action, the Lessor is entitled to withdraw from the Contract or an individual contract concluded on the basis of this Contract. For the purposes of this clause of the contract, war, natural disasters, fires, floods and earthquakes are considered force majeure.

Art. V Personal data protection

1. If, in accordance with certain criteria, the Lessor as the controller processes the Tenant's personal data, the processing of personal data takes place in accordance with Act No. 18/2018 Coll. on the protection of personal data and on amendments and supplements to certain acts (hereinafter referred to as the "Privacy Act") and this Agreement. For the purposes of the Privacy Act, the Lessor is considered the controller. For the purposes of the Privacy Act, the data subject is the Tenant, or persons authorized to act on behalf of the Tenant.

2. The legal basis for the processing of personal data is to ensure the performance of the Agreement pursuant to Section 13, paragraph 1, letter
b) of the Privacy Act. The purpose of the processing of personal data is to fulfill the rights and obligations under the Agreement. The Operator processes the personal data of the data subject for the duration of this Agreement and, in the event of termination of the Agreement, for the period specified by special regulations (e.g. archiving regulations, accounting regulations). The Operator does not intend to transfer the personal data of the data subject to a third country or international organization. The Operator does not use automated individual decision-making, including profiling. The Operator has a designated person responsible for personal data protection, whose contact e-mail address is privacy@matecoslovakia.sk. The data subject has the right to access personal data, the right to rectify personal data, the right to erase personal data, the right to object to the processing of personal data, the right to restrict the processing of personal data, the right to the portability of personal data, and the right to file a petition to initiate proceedings with the Office for Personal Data Protection of the Slovak Republic.

3. The provision of personal data under the Agreement is a contractual requirement. Without providing them to the Operator, the Operator is not responsible for the proper and timely fulfillment of obligations under the Agreement.

4. The operator is entitled to provide processed personal data to a third party that represents the operator or otherwise protects the rights and legitimate interests of the operator (e.g. persons authorized to enforce and collect the Lessor's receivables, etc.) or participates with the operator in the rental of equipment or participates in the maintenance, operation, development of systems or technologies through which equipment is rented to the operator and also to entities that process the operator's accounting.

Article VI Final Provisions

1. The person signing the Agreement on behalf of the Lessee declares to the Lessor that he is authorized to represent the Lessee without restriction and to act on behalf of the Lessee and that no other legal act or fulfillment of any other fact is required for the validity of this Agreement, except for its signature. The Contracting Parties also agree that any act performed by a person employed by the Lessee, a person acting on behalf of the Lessee, a person staying at the Lessee's premises or registered office, as well as a person taking over the PN at the Lessor's premises, at a place designated by the Lessee as the place of handover of the PN, is considered an act performed by a person who is authorized to act on behalf of the Lessee without restriction and to bind the Lessee without restriction, at least to the same extent as is specified in the Commercial Code as the scope of procuration.

2. The Parties expressly agree that the persons who will be authorized to act for the Lessee without restriction and to bind the Lessee without restriction in connection with this Agreement are listed in the annex to the framework agreement or agreement designated as the “list of persons authorized to act for the Lessee” (hereinafter referred to as the “List of Persons”). A change in these persons shall become effective upon delivery of a written notification of the change in the persons authorized to act for the Lessee, which shall be sent by the Lessee by registered mail to the current address of the Lessor’s registered office specified at the time of sending the notification in the commercial register. If the List of Persons is not an annex to the Agreement, the provision of this point of the GTC shall not apply. The provision of this point of the GTC shall also not affect the fiction specified in point 1 of this article of the GTC.

3. The fiction specified in point 1 of this article shall also apply in relation to ordering PN from the Lessor via e-mail or based on a written or personal order.

4. The fiction referred to in point 1 of this article shall not apply if the Lessee notifies the Lessor in writing, within 12 hours of the delivery of the order, that the act referred to therein was not performed by a person authorized to act on behalf of the Lessee. This shall not apply if the act is performed by a person listed in the List of Persons, if this is an annex to the Agreement. The Lessor, referring to the provisions of the previous points of this article, shall not examine the authorization of persons acting on behalf of the Lessee, with which the contracting parties agree.

5. The parties have expressly agreed that an e-mail message sent by the Lessor to the Lessee in the manner specified in this Agreement shall also be considered to be in writing, with all the legal effects associated therewith, unless this Agreement expressly stipulates otherwise.

6. If the subject of the Contract is any work in connection with the handover of the PN, the provisions of the Contract shall apply, with the proviso that the provisions of Sections 536 – 565 of the Commercial Code governing the contract for work shall apply mutatis mutandis to the legal relations of the parties. In such a case, the Lessor shall have the status of the contractor and the Lessee shall have the status of the customer.

7. The Parties have expressly agreed, pursuant to Section 379 of the Commercial Code, that compensation for any damage (including lost profit, claims of the Lessee and third parties) caused by the Lessor, the leased equipment, or which would arise for the Lessee or a third party as a result of the Lessor's breach of obligation, is limited to the amount of EUR 1,000, which the parties foresee as a possible consequence of any damaging event at the time of the formation of this contractual relationship.

8. With regard to delivery, the parties have agreed to the following binding rules, conditions and fictions of delivery, which shall always apply between them with all contractual and legal effects of delivery:
a) documents shall be sent to the address of the party to the contract, which is registered as the current address of the registered office or place of business in the online commercial, trade register or other register in which the party to the contract is registered at the time of sending the shipment for postal transport and if the framework contract specifies a delivery address, the shipments shall be sent to this address until the moment of notification of a change in the delivery address.
b) a document addressed to the other party to the contract, which is delivered by post, courier or other person who is obliged to deliver the shipment, shall be deemed to have been delivered upon the expiry of the fifth day from the date of handing over the document to the entity arranging its delivery. The fiction thus agreed upon also applies in cases where: 1) the addressee is not present at the place of delivery, 2) the addressee did not learn of the delivery (deposit) of the shipment, 3) the shipment was returned to the sender as undelivered, not accepted or undeliverable. If the addressee accepts the shipment before the effects of the fiction of delivery should occur according to this letter, the shipment is delivered at the moment of its physical acceptance by the addressee,
c) an e-mail message sent by a contracting party is deemed to be delivered to the other contracting party (the statutory body of the contracting party) at the moment when the sender receives confirmation of the delivery of the e-mail to the other contracting party at the address specified in the framework agreement or in the agreement. In the case of sending electronic invoices to the Lessee, in case of doubt, the electronic invoice shall be deemed to have been delivered to the Lessee at the moment of its demonstrable sending from the Lessor's system to the Lessee's e-mail address.

9. All persons signing this Agreement, including its annexes, have agreed, pursuant to Section 3 of Act No. 244/2002 Coll. (hereinafter referred to as the "Act"), that all disputes that have arisen or will arise between them in connection with this Agreement, including disputes about the validity, duration and interpretation of the Agreement and claims for compensation for damage and unjust enrichment, as well as disputes that have arisen in the past or will arise in the future on the basis of legal relationships between the contracting parties that are the same or similar to the relationships from the Agreement or are related to them, will be decided in arbitration proceedings. The signatories have agreed that the arbitration court, within the meaning of Section 7 of the Act, shall mean a single arbitrator (hereinafter referred to as the “Arbitrator”), who shall be appointed pursuant to Section 6, Paragraph 3 of the Act by a selected person, which is the Chamber of Arbitrators z.z.p.o., Company Registration Number: 45 747 512, with its registered office at J. A. Komenského 18B, 974 01 Banská Bystrica (hereinafter referred to as the “Selected Person”) within 7 days from the date of commencement of the arbitration proceedings from the list of attorneys maintained by the Slovak Bar Association (hereinafter referred to as the “list of attorneys”). The Selected Person shall decide on the dismissal of the Arbitrator for reasons pursuant to Section 10, Paragraph 3 of the Act and on the appointment of a replacement arbitrator pursuant to Section 11 of the Act. The place of the arbitration proceedings shall be the seat of the Arbitrator entered in the list of attorneys (hereinafter referred to as the “seat of the Arbitrator”) on the date of filing the claim. The arbitration proceedings shall commence with the delivery of the claim to the Selected Person at the current address of his/her registered office. Other documents addressed to the Arbitrator during the arbitration proceedings shall be delivered to the address of the Arbitrator's registered office. The costs of the arbitration proceedings, including the arbitration fee, shall be decided by the Arbitrator, who shall proceed accordingly in accordance with the relevant legal regulations. The arbitration fees shall be paid upon the written request of the Arbitrator, the claim fee shall be 3% of the amount claimed, but not less than €166, in disputes in which the value of the dispute cannot be determined, the claim fee shall be €1,000. The fee for the objection of the Arbitrator's bias and the fee for the objection of the Arbitrator's lack of jurisdiction shall be €500. In the event of failure to pay the fee for the objection of bias or for the objection of lack of jurisdiction within the period set by the Arbitrator, the objection will be rejected by the Arbitrator in the decision terminating the arbitration proceedings. The signatories further agreed that the proceedings will be in writing, the Arbitrator will act in accordance with Slovak law, in the Slovak language and, if the law does not exclude it, also in accordance with the principles of justice, and in the proceedings it is also possible to issue a preliminary injunction pursuant to Section 22a of the Act. The signatories also agreed that the party filing the claim is entitled to file it also with a general court in the Slovak Republic; in the event of the initiation of legal proceedings, the provisions on the resolution of the dispute before a sole arbitrator shall not apply to such proceedings

10. For the avoidance of doubt, the arbitration clause is agreed for an indefinite period and shall also apply to all legal relationships that arose before the signing of the Agreement and which are the same or similar to the legal relationships regulated by the Agreement or that will arise between the Lessor and the Lessee under the title of the lease of the Premises by the Lessor after the signing of the Agreement, regardless of any changes to the other provisions of the GTC. The provisions of the Agreement shall also apply to the relationships between the Lessee and the Lessee.

11. The Agreement and individual agreements may be terminated by agreement, withdrawal for reasons specified in the Agreement and in the law, and also by notice of termination by the Lessor.

12. In relation to the termination of the Agreement and/or individual agreements, the parties have agreed that the following cases are considered to be a material breach of the Agreement and/or individual agreements concluded on the basis of this Agreement:
a) if the Lessee is in arrears with the payment of the rent or part thereof, or other monetary obligation under this Agreement, by more than 30 days,
b) if the Lessee uses the Premises in a manner that threatens to cause damage,
c) if the Lessee has caused damage to the Premises,
d) if the Lessee is in arrears with the return of the Premises by more than 7 days,
e) if the Lessor is repeatedly in arrears with the handover of the Premises by more than 30 days.

13. The Lessor is entitled to withdraw from the Agreement as well as from a specific individual agreement, the subject of which is the rental of the PN for the duration of this Agreement, not only without undue delay, but at any time during the duration of the breach of obligation that is the reason for withdrawal from this Agreement or the individual agreement.

14. Withdrawal from this Agreement or from an individual agreement concluded on the basis of this Agreement must be in writing. Withdrawal from the Agreement is effective on the date of its delivery to the other party.

15. At the moment of withdrawal from the Agreement or an individual agreement concluded on the basis of this Agreement, the Lessor is entitled to take back any PN handed over by him and freely dispose of it, regardless of where the PN is located.

16. The termination of the Agreement or an individual agreement shall not terminate the claims of the parties that arose during its term, nor the rights and obligations of the parties, the nature of which implies that they should continue after the termination of the Agreement or an individual agreement. This includes in particular the claim to payment of rent, accessories and contractual penalty, compensation for damage, delivery arrangements, securing the Tenant's obligations, choice of law and choice of court.

17. The Contracting Parties declare that the amounts of contractual penalties, if agreed in the Agreement, are considered customary and appropriate to the nature of the obligations secured by them. The exercise of the claim to a contractual penalty and its payment shall not affect the claim to fulfill the secured obligation, nor the claim to compensation for all damage and payment of interest for late payment. Unless otherwise expressly stated in the Contract, the Lessor's claim and the Lessee's obligation to pay the contractual penalty shall arise from the moment of breach of the secured contractual obligation. The Lessor is entitled, but not obliged, to call on the Lessee to pay the contractual penalty and insist on its payment. Compensation for costs agreed in the Contract or an individual contract shall not be included in the contractual penalty or in compensation for damage.

18. The possible invalidity of any part of the Contract shall not affect the validity and effectiveness of the remaining agreements. In the event that any part of the Contract is invalid or becomes invalid later, the legal regulation that is closest in nature to the intention pursued by the parties when concluding the Contract shall be applied to regulate the relations between the contracting parties.

19. The Lessee is not entitled to assign the rights and obligations under the Contract to third parties without the prior written consent of the Lessor.

20. In the event that other contracts have been signed between the parties in the past or other agreements have been concluded regarding the subject matter of the Contract, by signing the Contract, these previous contracts and agreements shall be cancelled in their entirety by agreement of the parties and replaced by the Contract.

21. The Parties also agree to extend the limitation period of any right of the Lessor arising from the Agreement for a period of ten years from the date on which such limitation period in relation to any such right begins to run. All periods applicable to the Lessor under the Agreement shall be extended by the period of delay of the Lessee in fulfilling its contractual obligations.

22. Amendments and supplements to the Agreement may only be made in the form of a numbered written amendment signed by both Parties. Except as expressly provided for in the Agreement, the Agreement may only be terminated in writing.

23. In the event that the provisions of a framework agreement or contract conflict with the provisions of these GTC, the framework agreement or contract shall prevail. Any deviations from these GTC shall only be effective if confirmed in writing by the Lessor.

24. The GTC shall enter into force and effect in relation to the Lessee on the date of their signature by the Lessee or on the date of signature of the framework agreement or contract by the Lessee, if the Lessee has not signed the GTC. The GTC have a framework nature and are therefore always concluded for an indefinite period, i.e. they shall apply to all legal relations between the Lessee and the Lessor in connection with the delivery of the PN and/or the provision of services by the Lessor in the future, until the moment of their amendment pursuant to Article I, point 5 of the GTC.

25. The GTC are drawn up in two language versions, the Slovak and English versions, and in the event of a dispute over interpretation, the Slovak version of the GTC shall prevail. The GTC shall be governed by the provisions of the Civil and Commercial Codes and the provisions of Slovak law, without the application of conflict of laws rules.

26. The contracting parties declare that they have read these GTC, understood their content, including any references to legal norms, and signed them as a sign that the content of the GTC corresponds to their true and free will.