EN
C 160/38
Official Journal of the European Union
5.5.2023
7.
The Parties agree that if the Treasury terminates the Agreement, the fee paid for the mining usufruct rights referred to in Section 7(1) shall not be reimbursed. 8.
The Treasury reserves the right to seek compensation in excess of the amount of contractual penalties on general terms if the amount of damage incurred by the Treasury exceeds the contractual penalties. Section 11 1.
The Parties have provided the following contact details for correspondence: 1) Treasury: Ministerstwo Kimatu i Środowiska [Ministry of Climate and the Environment], ul. Wawelska 52/54, 00-922 Warszawa; 2) Holder of Mining Usufruct Rights: (address). 2.
The Parties are obliged to inform each other in writing without delay of any change to the contact details indicated in paragraph 1.
Such a change shall not require an addendum to the Agreement.
Correspondence sent to a Party’s most recently provided contact address shall be deemed to have been effectively served on the other Party. 3.
Each of the Parties shall serve correspondence on the other Party in person, by courier or by registered letter using the contact details most recently provided by the Party. 4.
Registered letters sent to the most recently provided address of a Party and returned by the post office or courier company owing to the addressee not having collected it on time will be treated as having been effectively served once fourteen days have passed from the first delivery attempt. Section 12 1.
The parties shall not be liable for failure to comply with obligations under the Agreement resulting from force majeure if it can be proven that damage caused by force majeure influenced the failure to comply with the obligations.
‘Force majeure’ shall mean an external event that the Parties could not have predicted or prevented that makes it impossible for the Agreement to be implemented in whole or in part, permanently or for a given period, which a Party could not have counteracted by exercising due diligence and which did not result from errors or negligence on the part of the Party affected by it. 2.
In the event of force majeure, the Parties shall immediately make every effort to agree on a course of action.
Section 13 The Holder of Mining Usufruct Rights may apply for extension of the Agreement, in whole or in part, and must do so in writing, failing which the application will be invalid.
Section 14 If the Agreement is terminated, the Holder of Mining Usufruct Rights shall not be entitled to make any claims against the State Treasury for an increase in the value of the subject of the mining usufruct rights.
Section 15 Any disputes arising out of the Agreement shall be resolved by the ordinary court having geographical jurisdiction over the seat of the Treasury.
Section 16 This Agreement shall be governed by Polish law, in particular the provisions of the Geological and Mining Law Act and of the Civil Code.