b. a production - warehouse building with an area of 5100 sq.m.. It is one-storey warehousing room adjacent to the neighbouring buildings;

Transcription

1 Daewoo Electronics Manufacturing Poland Sp. z o.o. with its seat in (05-800) Pruszków, Parzniewska 18, entered in the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XIV Economic Division of the National Court Register, under the number KRS , NIP , REGON ,share capital ,00 zł, hereinafter referred to as the "Organizer", announces a second written tender on selling the right of perpetual usufruct of the immovable property described in section I and II hereunder, situated in Pruszków at 18 Parzniewska Street and in the village of Moszna, District of Brwinów, together with the ownership of the buildings situated on the property as established until I. The geodetic markings 1. The Parcels located in Moszna, District of Brwinów, numbered as 302/4, 303 and 302/3, of total area of 131,126 sq.m., for which the District Court in Pruszków the V Land Registry Department maintains the Perpetual Land Register No. KW WA1P/ /8. 2. The Parcels located in Pruszków numbered as 127, 47/2 and 44 of total area of 34,054 sq.m., for which the District Court in Pruszków the V Land Registry maintains the Perpetual Land Register No. KW WA1P/ /9. 3. The Organizer has the right of perpetual usufruct of aforementioned real properties with the ownership of buildings described in Art. II hereunder. II. Buildings 1. On the plots numbered 127 and 303 a production building with an area of 19,790 sq.m. is erected. It is a one storey building, with no basement. It is a detached, multi-functional building consisting of manufacturing, warehouse, office, technical, social and sanitary premises. The roof of steelwork, covered with thermally sealed roofing paper and in the warehouses - with laminated boards. 2. On the plots No 302/4 and 303 a production building with an area of 19,576 sq.m. is erected. It is onestorey building with a mezzanine of steel structure ( sq.m.), without a basement, detached, multifunctional, consisting of production facilities, warehouse, office, technical, social and sanitary premises. 3. On the plot No 303 following facilities are erected: a. a production - warehouse building with an area of 8907 sq.m. It is one-storey building, without a basement, detached, multi-functional, consisting of production facilities, warehouse, office, technical, social, health premises and hall crane of 20 tons and 20/8 tons; b. a production - warehouse building with an area of 5100 sq.m.. It is one-storey warehousing room adjacent to the neighbouring buildings; c. an office building with an area of 3668 sq.m.. It is one-storey building, without a basement, detached, multi-functional, consisting of production facilities, warehouse, office, technical, social and sanitary premises. The steelwork roof, the roof covered with roofing paper; d. a social and maintenance building of the area of 1080 sq.m., one-storey, without a basement, detached, constructed in traditional technology, consisting of social and health facilities; e. a social building with an area of 291 sq.m., one-storey,, without a basement, detached, constructed in traditional technology, consisting of social and sanitary facilities; f. a social building (the hotel) with an area of 540 sq.m., two-storey, without a basement, detached, constructed in traditional technology, consisting of social and sanitary facilities, kitchen, dining room, sauna; g. a production building with an area of 2182 sq.m., detached, bungalow, without a basement, multifunctional, made in the industrial technology option; h. a concierge building with an area of 87 sq.m., one-storey, without a basement detached, constructed in traditional technology, consisting of social and sanitary facilities. 4. On the plots No 47/l, 47/2 and 303 a social-purposes building is erected of area of210sq.m., one-storey, Page 1 z 4

2 without a basement, detached, constructed in traditional technology, consisting of social and sanitary facilities. 5. The plot No 302/3 with area of 1445 sq.m. is not built-up. III. Zoning Purpose In accordance with current local development plan as passed by a resolution of the City Council in Brwinów No. 407-IIIof 30 August 2002, the area covering the plots No 302/4, 303 and 302/3 is intended for industrial use. In accordance with current local development plan as passed by a resolution of the City Council of Pruszków No XLIV/485/02 of 25 April 2002, the area covering the plots No 127, 47/2and 44 is intended for services and industrial use. IV. Rights, burdens and limitations The lease agreement of the plot of land with an area of 2500 sq.m., which is a part of plot No. 303 is built-up by a tenant with the building described in paragraph II.3 / g above, is in force for an indefinite period of time with 5 months termination notice. After its termination, the tenant has the right to disconnect and take away any outlays which are not connected permanently to the ground. V. Mortgages The property is free of mortgages. VI. Conditions for participation in the tender: 1. The Bid The Bid should be made in writing in Polish and English version and include: a) current excerpt from the relevant register (eg. The National Court Register) for the Bidder or certificate of registration of the Bidder in the register of economic activities, or other document confirming legal existence of the Bidder (if the Bidder is a legal person/entrepreneur); or (in the case of foreigners within the meaning of the Act of 24 March 1920 on the acquisition of properties by the foreigners [ie. OJ of 2004, N0 167 Item 1758, with amendments]) other documents showing existence, status and persons authorized to represent the Bidder; b) power of attorney with notary certified signature of the principal if the Bidder in the Tender will be represented by the proxy; c) written declaration of the Bidder that he was acquainted with the Tender Rules, the Rules of the Data room (respectively all the regulations governing tender principles) and of unconditional acceptance of the provisions of the abovementioned Rules (respectively all the regulations governing tender principles); d) The Tender Regulations and the Rules of the Data room are available on the web site and at the Organisers office at Taśmowa 7, Warsaw; e) declaration that the Bidder was acquainted with the legal and technical status of the property; f) written consent of the spouse of the Bidder to purchase property, if the Bidder is married (consent must include a description of the property and have the form of document with notary certified signature); g) document (original or notary certified copy) confirming that the Bidder obtained relevant consent to make any factual and legal actions relating to the Tender and possible acquisition of the Property if any provisions (internal or generally applicable) so require; or declaration on no such requirements; h) declaration of the Bidder whether the Bidder is/is not a foreigner within the meaning of the Act of 24 March 1920 on the acquisition of properties by the foreigners (ie. OJ of 2004, N0 167 Item 1758, with amendments); i) net price in PLN or EURO or USD offered (in figures and in words); j) proof of bid bond payment; Page 2 z 4

3 k) addresses, telephone numbers, etc. of the persons authorized by the Bidder to contact the Organizer (along with the power of attorney for those persons, if necessary); l) The offer should be sealed and submitted in a sealed envelope marked "Tender-property Pruszków"; m) The Organiser, after the end of the tender process, is allowed and obligated to destroy all documentation provided by the Bidder, whose bid was not accepted during the tender process. 2. Bid bond a) In order to participate in the tender. the payment of bid bond in amount equal to ,00 PLN (five hundred thousand zlotys) to the Organiser's bank account: ING BANK ŚLĄSKI S.A. BIC (SWIFT) CODE: INGBPLPW - for PLN: PL for EUR: PL for USD: PL If the bid bond is paid in currency other than Polish Zloty, the payment shall be made in such currency in the amount equal to ,00 PLN (five hundred thousand zlotys), calculated according to average exchange rate announced by the National Bank of Poland and binding on the day of making the payment; b) Any bid bond will be accrued against the purchase price; c) Any Bidder is allowed to withdraw a bid 2 working days before the opening of the bids. The withdrawal shall be made in written form, and shall be submitted (handed over) to the Organiser 2 working days before the opening of the bids; d) Any bid bonds paid by the Bidders whose bids are not accepted or who have withdrawn before opening of the bids, or when the Organiser cancelled the tender, will be returned without interest within 3 working days from the any of the events defined herein occur; e) should the Bidder, whose bid is accepted, fail to enter the preliminary contract of sale or purchase agreement by the deadline specified by the Organiser, or does not pay the rest of the purchase price until the sale date or fail to deliver the permit by the Ministry of Internal Affairs and Administration for acquisition of the property (if needed), the bid bond shall be forfeited to the Organiser. In this case, the bid, which was adopted, will no longer be binding and the Organiser may select another offer. 3. The acquisition price a. The purchase price is net price plus VAT tax; b. The purchase price is payable to the bank account designated by the Organiser; c. The payment date of the purchase price shall be the date of receipt of money to the bank account indicated by the Organiser; d. Sale of ownership of buildings, in accordance with the regulations in force at the date of the tender notice is exempted from VAT; e. Sale of right to perpetual usufruct of plots No 302/4,303,127, 47/2 and 44, in accordance with the regulations in force at the date of the tender notice, is exempted from VAT tax; f. Sale of right to perpetual usufruct of plot No 302/3 in accordance with the regulations in force at the date of the tender notice is taxed at 23% VAT; g. Due to pre-emption right of the Mayor of Brwinów District(under Article 109 it. 1 point 2 of the Law of on the Management of Real Estate (Le, J. of Laws )),the notarial deed shall determine the net price of perpetual right to use the plot of land No 302/3 with area of 1445 sq.m.; h. The selling price of perpetual right to use of the Plot No 302/3 will represent approximately0.1% of the net tender property purchase price. 4. Deadline for submission of bids and adjudication of the tender Page 3 z 4

4 a) The bids should be submitted until before pm in the Organiser s office at the address: Daewoo Electronics Manufacturing Poland Sp. z o.o., Warsaw, Taśmowa 7; b) Non-public opening of bids will take place on ; c) Tender results shall be announced on at 14:00 pm in Organiser s office; d) Between the and the Bidders are allowed to perform the basic due diligence of the tender property; e) The Organiser reserves the right to cancel the tender without making a selection at any time of the tender process; f) The Bidders will be notified in writing on the chosen offer or on the closure of the tender without making a selection or about the cancellation of the tender. 5. Plot No 302/3 situated in the village of Moszna, Brwinów District Sale of right to perpetual usufruct of plot No 302/3 with area of 1445 sq.m.in the village of Moszna, District of Brwinów will be made if the Mayor of Brwinów District does not exercise his right of pre-emption. 6. Transfer of the item of the tender The transfer of subject of the tender, with the exception of the plot No 302/3 situated in the village of Moszna, District of Brwinów, will take place without undue delay after receipt by the Organiser of the purchase price of the tender item minus the purchasing price for the plot No 302/3. The transfer of plot No 302/3, situated in the village of Moszna, District of Brwinów will occur when Mayor of Brwinów District does not exercise his right of pre-emption, without undue delay, after receipt of the purchase price for the plot of land by the Organiser. 7. Costs and charges The Purchaser shall bear the costs related to the sale, including notary and court fees and taxes, including VAT if due. 8. Reservations The Organiser reserves the right to cancel this notice, cancel or modify the tender conditions, as well as to cancel the tender. The Bidders will be notified in writing on the cancellation of this notice, cancellation or amendment to the tender conditions or perhaps on invalidation of the tender. The subject of the tender may be sold after Organiser s Meeting of Shareholders agrees to such a sale. 9. Additional information Additional information is provided in the office of Emmerson S.A., address Warsaw, Al Jana Pawła II 27 or at the phone number or address maciej.pelka@emmerson.pl By prior appointment, the documentation relating to the subject of the tender may be reviewed and the real estate inspected. Page 4 z 4

5 TENDER REGULATIONS 1 General rules 1. The present Regulations specifies the manner of carrying out a second written tender for sale of perpetual usufruct of parcels numbered as 302/4, 303, 302/3, located in Moszna, District of Brwinów and perpetual usufruct of parcels located on Pruszków at 18 Parzniewska Street, numbered as 127, 47/2 and 44 together with sale of right of ownership of buildings erected on the parcels described above. 2. The Tender is organized under the provisions of the article 66 et seq. of the Civil Code. 3. The Bidders after becoming acquainted with the information about the subject of the Tender, shared by the Organizer, submit written offers to purchase the property. 4. To carry out the Tender it is enough to access to the Tender by one Bidder and to submit one proper bid. 2 Organizer of the Tender The Organizer of the tender is Daewoo Electronics manufacturing Poland Sp. Z o.o. with its seat in Pruszków at 18 Parzniewska Street (05-800), registered in the registry of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XIV Commercial Department of the National Court Register (KRS) under the number KRS , NIP , REGON , share capital ,00 PLN. 3 Tender Committee 1. The Organiser appoints Tender Committee in order to carry out the Tender. 2. At the head of the Committee is its Chairman, who organizes its work. 3. Tender Committee acts in the name and on behalf of the Organizer and is entitled to all the rights of the Organiser. 4. The Tender Committee meets at the place designated by the Organizer. 5. The Organiser announces the composition of the Tender Committee no later than the date of publication of tender notice. 4 Object of the Tender/ Property 1. The object of the tender (sale) is a right of perpetual usufruct of parcels located in Moszna, District of Brwinów, numbered as 302/4, 303 and 302/3, of total area of 131,126 sq.m., for which the District Court in Pruszków the V Land Registry Department maintains the Perpetual Land Register No. KW WA1P/ /8 and the right of perpetual usufruct of plots of land located in Pruszków, Parzniewska Street 18, numbered as 127, 47/2 and 44 of total area of 34,054 sq.m., for which the District Court in Pruszków the V Land Registry maintains the Perpetual Land Register No. KW WA1P/OG001351/9, jointly hereinafter referred to as Property. 2. On the Property the following buildings are erected: a) On the plots numbered 127 and 303 a production building with an area of 19,790 sq. m. is erected. It is a one storey building, with no basement. It is a detached, multi-functional building consisting of manufacturing, warehouse, office, technical, social and sanitary premises. The roof of steelwork, covered with thermally sealed roofing paper and in the warehouses - with laminated boards. b) On the plots No 302/4 and 303 a production building with an area of 19,576 sq. m. is erected. It is one-storey building with a mezzanine of steel structure ( sq. m.), without

6 a basement, detached, multifunctional, consisting of production facilities, warehouse, office, technical, social and sanitary premises. c) On the plot No 303 following facilities are erected: i. a production - warehouse building with an area of 8907 sq. m. It is one-storey building, without a basement, detached, multi-functional, consisting of production facilities, warehouse, office, technical, social, health premises and hall crane of 20 tons and 20/8 tons. ii. a production - warehouse building with an area of 5100 sq. m.. It is one-storey warehousing room adjacent to the neighbouring buildings. iii. an office building with an area of 3668 sq. m.. It is one-storey building, without a basement, detached, multi-functional, consisting of production facilities, warehouse, office, technical, social and sanitary premises. The steelwork roof, the roof covered with roofing paper. iv. a social and maintenance building of the area of 1080 sq. m., one-storey, without a basement, detached, constructed in traditional technology, consisting of social and health facilities. v. a social building with an area of 291 sq. m., one-storey, without a basement, detached, constructed in traditional technology, consisting of social and sanitary facilities. vi. a social building (the hotel) with an area of 540 sq. m., two-storey, without a basement, detached, constructed in traditional technology, consisting of social and sanitary facilities, kitchen, dining room, sauna. vii. a production building with an area of 2182 sq. m., detached, bungalow, without abasement, multi-functional, made in the industrial technology option. viii. a concierge building with an area of 87 sq. m., one-storey, without a basement detached, constructed in traditional technology, consisting of social and sanitary facilities. d) On the plots No 47/l, 47/2 and 303 a social-purposes building is erected of area of 210 sq. m., one-storey, without a basement, detached, constructed in traditional technology, consisting of social and sanitary facilities. 5 Duration of Tender 1. The Tender begins on the 22 nd of November 2011 and terminates on the 29 th of December (14 :00) 2. The Bidders must submit bids of purchase the Property within a deadline until the 13 th of December Non-public opening of bids will take place on the 14 th of December 2011, at 14: The result will be announced on the 29 th of December 2011 at 14:00 in the Organizer s office. 6 Accession to the Tender 1. Bidder accedes the Tender submitting relevant declarations of his intention to acquire the Property by the way of Tender. 2. To the abovementioned declaration Bidder attaches: 1) current (issued not earlier than 7 days before the deadline for submission of bids) excerpt from the relevant register (eg. The National Court Register) for the Bidder or certificate of registration of the Bidder in the register of economic activities, or other document confirming legal existence of the Bidder (if the Bidder is a legal person/entrepreneur); copy of ID card/other proof of identity (for persons not conducting economic activity) or (in the case of foreigners within the meaning of the Act of 24 March 1920 on the acquisition of properties by Page 2 z 7

7 the foreigners [ie. OJ of 2004, N0 167 Item 1758, with amendments]) other documents showing existence, status, persons authorized to represent the Bidder; 2) power of attorney with notary certified signature of the principal, if the Bidder in the Tender will be represented by proxy; 3) written declaration of the Bidder that he was acquainted with the Tender Rules, the Rules of the Data room (respectively all the regulations governing tender principles) and, of unconditional acceptance of the provisions of the abovementioned Rules (respectively all the regulations governing tender principles); 4) written consent of the spouse of the Bidder to purchase property, if the Bidder is married (consent must include a description of the property and have the form of document with notary certified signature), 5) document (original or notary certified copy) confirming that the Bidder obtained relevant consent to make any factual and legal actions relating to the Tender and possible purchase of the Property if any provisions (internal or generally applicable) so require; or declaration or no such requirements. 6) declaration of the Bidder whether the Bidder is/is not a foreigner within the meaning of the Act of 24 March 1920 on the acquisition of properties by the foreigners (ie. OJ of 2004, N0 167 Item 1758, with amendments); 7) addresses, telephone numbers, etc. of the persons authorized by the Bidder to contact the Organizer (together with the power of attorney for those persons, if necessary). 3. In the case the Bidder does not attach all the necessary documents, may be requested by the Organizer to complete the documentation within a period of not less than 3 days. At the request of the Bidder this period may be extended. 4. Not completing the documentation within the prescribed time, despite the Organizer s request, results in the declaration of accession being void. 7 Confidentiality / Confidentiality Statement 1. Each Bidder, as well as each person (employee, co-worker of the Bidder etc.) in contact with the documentation regarding the Property is obliged to maintain full confidentiality extending to all data undisclosed to the public, relating the Property (its state, state of annotations, structure of buildings) undisclosed to the public. 2. Commitment to confidentiality as referred to in paragraph above is perpetual. 3. Abovementioned persons before gaining access to the Property are obliged to sign Confidentiality Statement. 4. Content of the Statement referred to in section 2 is enclosed to the Rules of the use of Data room. 8 Inspection of the Property 1. Bidders, after fixed appointment with the Tender, have access to the Property (and located on the Property annotations, structures, buildings) during the Tender. 2. Inspection takes place in the presence of an employee of the Organizer, after at least 1 day in advance informing the Organizer of the intention to carry out inspection and planned time of its duration. 9 Inspection of the documentation regarding the property/data room 1. During the entire Tender Bidders may inspect the documentation regarding the property. Page 3 z 7

8 2. Bidders (or their representatives) on a separate justified request may be granted a power of attorney from the Organizer in order to verify the data provided by the Organizer, or determine any other data held by the state authorities. 10 Data room 1. Documentation considering the Property is available in a specially prepared room (Data room) located in Pruszków at 18 Parzniewska Street. 2. Data room is open from 07:00 am to 14:00 pm, Monday to Friday (if any of these days is not a public holiday). 3. Detailed rules for the use of the Data Room are defined in separate Regulations. 11 Minimum price The Organizer did not set minimum price. 12 Bid bond 1. In order to participate in the tender. the payment of bid bond in amount equal to ,00 PLN (five hundred thousand zlotys) to the Organiser's bank account: ING BANK ŚLĄSKI S.A. BIC (SWIFT) CODE: INGBPLPW - for PLN: PL for EUR: PL for USD: PL If the bid bond is paid in currency other than Polish Zloty, the payment shall be made in such currency in the amount equal to ,00 PLN (five hundred thousand zlotys),calculated according to average exchange rate announced by the National Bank of Poland and binding on the day of making the payment. 2. Any bid bond will be accrued against the purchase price. 3. Any Bidder is allowed to withdraw a bid 2 working days before the opening of the bids. The withdrawal shall be made in written form, and shall be submitted (handed over) to the Organiser 2 working days before the opening of the bids. 4. Any bid bonds paid by the Bidders whose bids are not accepted or who have withdrawn before opening of the bids, or when the Organiser cancelled the tender, will be returned without interest within 3 working days from the any of the events defined herein occur. 5. should the Bidder, whose bid is accepted, fail to enter the preliminary contract of sale or purchase agreement by the deadline specified by the Organiser, or does not pay the rest of the purchase price until the sale date or fail to deliver the permit by the Ministry of Internal Affairs and Administration for acquisition of the property(if needed), the bid bond shall be forfeited to the Organiser. In this case, the bid, which was adopted, will no longer be binding and the Organiser may select another offer. 13 Submission of Bids 1. Bidders submit one written bid (Bid) stating the purchase price bid but not lower than the minimum price. 2. Bids should be submitted until the 13 th of December 2011, 14:00 in the Organizer s office: Daewoo Electronics Manufacturing Poland Sp. z o.o., Warsaw, 7 Taśmowa Street in Page 4 z 7

9 sealed envelope ( to prevent reading the content of the Bid without opening the envelope, as well as opening and closing the envelope without leaving traces of the opening). 3. The envelope with a Bid must bear Bidder s mark (company s name in full, name, surname) followed with the address/headquarters of the Bidder. 4. The envelope must be marked Tender Property in Pruszków. 14 Contents of Bids The Bid should include: 1) company name (in full), name, surname, address/seat; 2) offered price the proposed date of payment; 3) a statement indicating whether, or what information given upon the submission of the declaration of accession to the tender have changed. If the change took place, the Bid must be accompanied by documents showing the change. 15 Opening the Bids 1. First non-public opening of bids will take place on the 14 th of December 2011 at 14:00 in the Organizer s office at 7 Taśmowa Street in Warsaw 2. Opening of Bids and checking if they meet formal requirements will be carried out by the Tender Committee. 3. Opening of Bids, as well as Bids themselves, are open to all Bidders. 4. From the opening of bids will be drawn up a protocol that will reflect the course of the operation of opening bids. 5. The protocol will be signed by members of the Tender Committee present at the abovementioned actions. Each of the Bidders may request submission of his comment to the protocol and within 1 calendar day file an annex to the protocol. 16 Announcement of results of the Tender 1. After opening of bids the Organizer may conduct further oral negotiations with Bidders connected with conditions of sale of the Property. 2. Oral negotiations shall be terminated two working days before the date of announcement of results of the Tender. 3. Results of the Tender shall be announced on the 29 th of December 2011 at 14:00 in the Organizer s office. 4. The Organizer at his discretion, the Bidder who offered the most favorable conditions for real estate sales contract transaction. 5. Results of the Tender may mean: (i) selection of the winner of the Tender by the Organizer, (ii) termination of the Tender without choosing a winner. 6. Information about the Bidder who won the Tender shall be send to each Bidder immediately after finalizing the tender by the Organizer. 7. The Organizer after termination of the Tender is entitled and obliged to destroy documentation submitted by the Bidders, whose offer was not accepted in the Tender. 17 Conclusion of the Agreement 1. Within 7 days after the announcement of the results of the Organizer will conclude with the Bidder the agreement of sale of the Property, or preliminary agreement of sale of the property, within the meaning of the article 389 of the Civil Code which will determine all (negotiated in the course of negotiations) relevant provisions of the final agreement. In the event of concluding Page 5 z 7

10 preliminary agreement, final agreement shall be concluded no later than 40 days from the conclusion of the preliminary contract. 2. The Purchaser shall bear the costs associated with the sale, including costs of notary and court fees, taxation, including VAT if due. 3. Sale of the object of the Tender may be subject to the consent to the sale of the Organizer s Meeting of Shareholders. 18 Purchase Price 1. The purchase price is net price plus VAT tax. 2. The purchase price is payable to the bank account designated by the Organiser. 3. The payment date of the purchase price shall be the date of receipt of money to the bank account indicated by the Organiser. 4. Sale of ownership of buildings, in accordance with the regulations in force at the date of the tender notice is exempted from VAT. 5. Sale of right to perpetual usufruct of plots No 302/4, 303, 127, 47/2 and 44 in accordance with the regulations in force at the date of the tender notice, is exempted from VAT tax. 6. Sale of right to perpetual usufruct of plot No 302/3 in accordance with the regulations in force the date of the tender notice is taxed at 23% VAT. 7. Due to pre-emption right of the Mayor of Brwinów District(under Article 109 it. 1 point 2 of the Law of on the Management of Real Estate (Le, J. of Laws )),the notarial deed shall determine the net price of perpetual right to use the plot of land No 302/3 with area of 1445 sq.m.. 8. The selling price of perpetual right to use of the Plot No 302/3 will represent approximately 0.1% of the net tender property purchase price. 9. Sale of right to perpetual usufruct of plot No 302/3 with area of 1445 sq.m.in the village of Moszna, District of Brwinów will be made if the Mayor of Brwinów District does not exercise his right of pre-emption. 19 Costs of the Tender Both the Organizer and the Bidders each for its own account, will bear all costs associated with participating on the Tender, in particular the costs of preparing tender documentation, travels, delegations, allowances, salaries of the employees/associates, expertise ordered on their own behalf, legal assistance etc. 20 Bidder s right to withdraw from the Tender 1. Bidder may withdraw from the Tender, submitting in writing appropriate declaration of intent, signed by the persons entitled to representation of the Bidder no later than 2 working days before opening the bids. 2. The Bidder is obliged to return any materials, documents (photocopies etc.) which he came into possession upon the accession of the Tender. 21 Right of cancellation or annulment of the Tender 1. Organizer reserves the right to unilaterally, without giving any reason, cancel or annul the tender (in whole or in part). 2. In the situation described in the preceding section Organizer is exempt from liability for any damages, direct or indirect, resulting from the fact of participation of the Bidder in the Tender/ cancellation/annulment of the Tender. Page 6 z 7

11 22 In case of cancellation/annulment of the Tender, or not submitting any written bid meeting the requirements of the Regulations the Organizer reserves the right to conduct next Tender, on terms and at time of his own choice. 23 Language/Interpretation 1. Correspondence, verbal communication with the Organizer is possible in English and Polish. 2. The present Regulations, as well as any other documentation regarding the Tender, is drawn up in English and Polish. 3. The basis for the interpretation is the content of the abovementioned documentation drawn up in Polish; the Organizer reserves to its competence to make a binding interpretation of the Regulations, as well as al the other documentation regarding the Tender. 4. Agreements referred to in 17 of the present Regulations will be concluded in Polish, in the presence of a sworn translator (if necessary). 24 Contact data Contact with the Organizer in all the matters relating to the Tender, inspection of the Property, use of Data room, etc. will be made with persons indicated below, with the following contact details: Maciej Pełka (Data room) maciej.pelka@emmerson.pl Telephone no.: Fax.: Maciej Pełka (Inspection of the Property) maciej.pelka@emmerson.pl Telephone no.: Fax.: Page 7 z 7