Current report: RB 47/2009 Topic: Significant agreement’s conclusion by the Issuer Date: 2009-09-23 Legal ground: Art. 56 sec.1 p. 2 Act on Public Offering – current and periodic information

Current report: RB 47/2009

Topic: Significant agreement’s conclusion by the Issuer

Date: 2009-09-23
Legal ground: Art. 56 sec.1 p. 2 Act on Public Offering – current and periodic information

Message:

The Board of Chemoservis-Dwory S.A. („the Issuer”, „the Company”) informs that on September 22, 2009 the Company, acting as General Executor (GE) concluded agreement no 75/1/2009 with Executor - REMAR  Sp. z o.o. z siedzibÄ… w PÅ‚ocku  ul. Dworcowa 46. Subject of this agreement are labor and delivery within construction-assembly branch needed for completion of Vegetable Oil’s Methyl Ester Factory construction which planned production is to reach up to 200 000 tonnes/year for Bioagra – Oil with its registered office in Tychy, ul. PrzemysÅ‚owa 64.

The subject of the agreement will be executed for the lump sum of PLN 5 600 000,00 + VAT.

For surety of proper execution of the agreement, GE - Chemoservis-Dwory SA will hold 20% of the agreement net value from the final payment.

    For surety of proper execution of the agreement in the guarantee period the executor - REMAR  Sp. z o.o., will transfer bank or insurance guarantee or bill of exchange with bill of exchange’s declaration for 20% of the agreement value for 36 month period.

    Form of protection of proper execution of the agreement depends on decision of the Executor - REMAR Sp. z o.o.

The Executor - REMAR  Sp. z o.o., will pay to GE - Chemoservis-Dwory SA contract penalty for delay in date of realization and delay in liquidation of defect of the agreement subject, in the sum not exceeding 10% of the agreement’s net value.

    The Executor - REMAR  Sp. z o.o., will pay to GE - Chemoservis-Dwory SA cancelling price, due to reasons laying on the Executor side, in the sum equal to 10% of the agreement’s net value.

    GE - Chemoservis-Dwory SA will pay to the Executor - REMAR  Sp. z o.o., contract penalty for delay in transmission of building site or its agreed part or for making start of works impossible or for causing pause or delay in execution of the Executor commitments due to other reasons, under the condition that these reasons will be GE guilty, in the sum not exceeding 10% of the agreement net value.

    GE - Chemoservis-Dwory SA  will pay to the Executor - REMAR Sp. z o.o., cancelling price, due to reasons laying on the GE side, in the sum of 5% of the agreement net value.

    GE reserved itself the right to sue for damages exceeding the value of contract penalty.

Significant agreement criterion arises from exceeding of 10% of the Issuer’s revenues in last four quarters.

Legal ground of this current report is § 5 sec. 1 p. 3 of the Resolution of the Ministry of Finance from February 19th, 2009 on current and periodic information published by the issuers of securities and on conditions of recognition of information required by the law of a non-member country as equal  (Dz. U. No 33 from 2009 pos. 259).