Wrocław, this 23rd November 2017

NOTIFICATION ON THE CHANGE OF PROVISIONS OF THE REQUEST FOR QUOTATION AND ATTACHMENTNO. 1 - DELIVERY AGREEMENT FORM

Subject matter: 2017/HL/15 - PROCUREMENT PROCEDURE for order: PURCHASE OF A LABORATORY MULTI-LAYER SINGLE-PUNCH TABLET PRESS

Task: Purchase of devices for the Technological Laboratory

Title of the project:Implementation of process innovation in Pharmaceutical Production Company Hasco-Lek S.A. in the form of computer-aided analytical and process data interpretation with the purpose of defining project space in the course of research and development activities regarding new products by way of purchasing specialist equipment and software

The Ordering Party introduced a change to "THE ORDERING PARTY" subchapter in the Request for Quotation. The change arises out of the risk that the agreement for co-financing will not be signed within the period defined in the Request for Quotation and Attachment No. 1 - Delivery Agreement Form.

Request for Quotation – "The Ordering Party" subchapter

Previously:

"The Agreement for the delivery of the subject of the request for quotation shall be executed on condition precedent that the agreement for co-financing of the project: “Implementation of process innovation in Pharmaceutical Production Company Hasco-Lek S.A. in the form of computer-aided analytical and process data interpretation for the purpose of defining project space in the course of research and development activities regarding new products by way of purchasing specialist equipment and software” is not signed within 1 month of the conclusion of this Agreement. Within 7 calendar days of signing the agreement for co-financing by the Ordering Party, the Ordering Party shall notify the Contractor thereof in writing under pain of nullity. If the Ordering Party is notified that the agreement is not signed by the Ordering Party for reasons not attributable to the Ordering Party, it shall notify the Contractor thereof, which shall be deemed fulfilment of the condition precedent. Fulfilment of the condition precedent shall have a retroactive effect from the day of concluding the Agreement and shall result in the discontinuation of the consequences of the concluded agreement. In case of Fulfilment of the condition precedent, the Parties shall mutually renounce all their claims under any legal titles resulting from conclusion of the Agreement and actions undertaken by the Parties to prepare for the performance hereof."

Change:

The above provision was removed.

Attachment No. 1 - Delivery Agreement Form – Sec. 2 of the Preamble

Previously:

"2.The Agreement for the delivery of the subject of the request for quotation shall be executed on condition precedent that the agreement for co-financing of the project: “Implementation of process innovation in Pharmaceutical Production Company Hasco-Lek S.A. in the form of computer-aided analytical and process data interpretation for the purpose of defining project space in the course of research and development activities regarding new products by way of purchasing specialist equipment and software” is not signed within 1 month of the conclusion of this Agreement. Within 7 calendar days of signing the agreement for co-financing by the Ordering Party, the Ordering Party shall notify the Contractor thereof in writing under pain of nullity. If the Ordering Party is notified that the agreement is not signed by the Ordering Party for reasons not attributable to the Ordering Party, it shall notify the Contractor thereof, which shall be deemed fulfilment of the condition precedent. Fulfilment of the condition precedent shall have a retroactive effect from the day of concluding the Agreement and shall result in the discontinuation of the consequences of the concluded agreement. In case of Fulfilment of the condition precedent, the Parties shall mutually renounce all their claims under any legal titles resulting from conclusion of the Agreement and actions undertaken by the Parties to prepare for the performance hereof.

Furthermore, the Ordering Party declares that as at the date of concluding the Agreement with the Contractor, it has/ has not signed the co-financing agreement with the Institution providing EU financial support, however, the Ordering Party has already received a decision regarding being granted co-financing.”

Change:

The above provision was removed.

In connection with removal of the above provisions, we attach the updated unified text "REQUEST FOR QUOTATION 2017_HL_15 - CHANGE" and the updated unified text of the Draft Agreement – "ZAL nr 1 Delivery agreement form_2017_HL_15 - CHANGE".

Please note that the dates of submitting and opening quotations remain unchanged.

The Ordering Party hereby informs that Tenderers who have already submitted their quotations may withdraw them and submit a new one if, in their opinion, the above change affects the submitted quotation.

The above changes shall be incorporated into the procedure related documentation.

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