17 ANNEX NO 4 TO THE RULES FOR THE

17 ANNEX II QUOTA FREE REGIME FOR
2 ANNEX 1 CANCELLED PLANTING PROPOSALS AND
2 F ANNEXURE IV INANCIAL BID

3 ANNEX 2 ITUD REGIONAL DEVELOPMENT FORUMS
5 ANNEX C THE SECRETARIAT FOR POLITICAL
9 7D129 (ANNEX 3)E RADIOCOMMUNICATION STUDY GROUPS

TECHNIKOS NUOMOS

Annex No. 4 to the

Rules for the provision of basic and/or additional services related to rail transport on railway service facilities operated by the public railway infrastructure manager during the period of validity of the working timetable for 2020-2021

(Standard contract form for the provision of services on railway service facilities)

CONTRACT FOR THE PROVISION OF SERVICES ON RAILWAY SERVICE FACILITIES

__________20 No.

Vilnius

Enter the name of the undertaking, the code of the legal entity, enter the code of the undertaking which registered office is the address, represent by enter the personal data (position, name, surname), acting on the basis of enter the basis for actions (hereinafter – the Service Provider),

and

Enter the name of the undertaking, the code of the legal person is entered, the code of the undertaking which registered office is enter the address represented by enter the personal data (position, name, surname) acting on the basis of enter the basis for actions (hereinafter – the Service Recipient), hereinafter referred to

as the Parties, and each separately – as the Party,

on the basis that:

the Service Provider is the operator of the Railway Service Facilities under his control;
the Service Provider is authorised in the field of railway transport safety (Parts A and B);
the Service Recipient has obtained a general safety certificate or a safety certificate (parts A and B): Part A issued enter the date and issuing organization No. XXXXXXX; Part B issued enter the date and issuing organization, No. XXXXXXX;
the rolling stock legally owned and/or used by the Service Recipient have been registered, permits have been issued to the rolling stock allowing their use in the territory of the Republic of Lithuania and maintenance of these rolling stock is performed in accordance with legal acts;
the train drivers of the Service Recipient hold valid train driver licenses and train driver certificates and/or documents granting the right to drive rolling stock issued in accordance with the established procedure issued in third countries and other staff directly or indirectly employed relating to rail traffic hols certificates;
the civil liability of the Service Recipient is covered by compulsory civil liability insurance for the entire term of the Contract,

have entered into this contract for the provision of services on Railway Service Facilities (hereinafter referred to as the Contract).

I. GENERAL PROVISIONS

1.1. The following capitalized terms used in the Contract, its Annexes and/or additions shall have the following meanings:

Railway Service Facility means a facility, including land, equipment and construction, which has been specially prepared, in whole or in part, to provide one or more basic, additional and/or ancillary services related to rail transport.

Local Legal Acts - Normative documents adopted by the Service Provider related to and/or affecting the performance of the Contract, including the measures documented by the Service Provider's Railway Safety Management System (hereinafter referred to as SMS): https://ltginfra.lt/gelezinkeliu-paslaugu-irenginiai, https://ltginfra.lt/normine-technine-dokumentacija;

Station book - a document that establishes the procedure for the use of railway station technical equipment, creation of safe and uninterrupted reception, release and passage of trains through the railway station, as well as safe shunting and working conditions;

In writing - a method of transmitting a message, when the information is transmitted to the Service Provider or the Service Recipient with signed confirmation, sent by post, e-mail;

Orally - information transmitted during a telephone conversation to the contact numbers specified in the Contract or its Annexes.

1.2. Other terms used in the Contract, its Annexes and/or additions, but not defined, shall be understood and interpreted as defined in the laws of the Republic of Lithuania and other legal acts regulating railway transport activities in force on the day of signing the Contract.

1.3. The titles, references, headings or other descriptive notes of the parts of the Contract are used in the Contract solely for convenience and may not be essential for the interpretation of the Contract and the assessment of its provisions.

II. SUBJECT OF THE CONTRACT

2.1. The Contract establishes the conditions and procedure by which the Service Provider grants the Service Recipient the right to use the services specified in Clauses (specify the Clauses) of Annex No. 5 to the Contract (hereinafter - the Services) in accordance with the procedure established by legal acts.

2.2. The Services are provided in accordance with the requirements of the laws and other legal acts of the Republic of Lithuania, the Station Books, the Rules for the provision of basic and/or additional services related to rail transport on Railway Service Facilities operated by the public railway infrastructure manager during the period of validity of the working timetable in XXXX-XXXX, approved by the Service Provider (hereinafter - the Rules), Annexes and additions to this Contract.

2.3. Using (for example, access or connecting railways belonging to the Railway Service Facility for access to loading and other destinations, the Service Recipient travels from/to the stations of the railway stations or the access roads belonging to them) specified in Annex No. 6 to the Contract.

2.4. The Service Recipient uses (for example, the railway stations listed in Annex No. 6 to the Contract for the formation of trains and the keeping of rolling stock).

III. REPRESENTATIONS AND WARRANTIES OF THE PARTIES

3.1. The Parties represent and warrant to each other that:

3.1.1. A party is a duly established and legally operating entity;

3.1.2. by concluding the Contract, the Party does not violate the laws, obligations or contracts applicable to it;

3.1.3. The party is solvent, its activities are not restricted, it has not been or is not intended to be subject to restructuring or liquidation proceedings, it has not suspended or restricted its activities, it has not been declared bankrupt;

3.1.4. The Party has taken all legal steps necessary for the proper conclusion and validity of the Contract. The Contract is a valid, legal and binding obligation of the Party, the performance of which may be required under the terms of the Contract;

3.1.5. The Contract is entered into in the free will of both Parties; the Parties were in good faith and fair to each other in drafting and signing the Contract, the Parties disclosed to each other all information known to them that is essential for the conclusion and performance of the Contract, and deliberately did not provide each other with any misleading information.

3.2. The Service Recipient declares and guarantees that:

3.2.1. The Service Recipient is acquainted with the Station Books, Rules, Local Legal Acts, agrees with their content and application to the Service Recipient as far as it does not contradict the legal acts of the Republic of Lithuania and undertakes to comply with the requirements (Rules, deadlines, procedures, etc.); also agrees that the Station Books, Rules, Local Legal Acts may be changed without the consent of the Service Recipient, but by informing the Service Recipient by e-mail [email protected] about the change no later than 5 working days before the date of entry into force of these amendments, except for the cases provided for in Clause 4.1.10 of the Contract.

IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

4.1. The Service Provider undertakes:

4.1.1. to ensure that the Services comply with the requirements of legal acts;

4.1.2. After notifying the Service Recipient in accordance with the procedure established in Clause 4.3.2 of the Contract, to perform repair, modernization, renewal, development and other works of the Railway Service Facilities or sidings or connecting tracks assigned to the Railway Service Facilities in order to properly implement the obligations set forth in the Contract;

4.1.3. to provide the Services in a timely and proper manner, to have the necessary equipment and personnel to provide the Services;

4.1.4. to provide the Services within the terms set forth in the Contract and the Rules;

4.1.5. to inform the Service Recipient immediately in writing and/or orally, if the Services cannot be provided due to the circumstances specified in Chapter XII of this Contract;

4.1.6. to inform the Service Recipient in writing about the change of his / her data specified in Chapter XV of this Contract, not later than within 3 (three) working days from the moment of their change. If the Service Provider does not comply with these requirements, he shall not be entitled to make claims if the actions of the Service Recipient have been performed on the basis of the last data of the Service Provider known to him;

4.1.7. to ensure that all employees of the Service Provider whose work is directly or indirectly related to railway traffic involved in the operation of Railway Service Facilities are sober and not intoxicated with psychoactive substances during their work;

4.1.8. to ensure that based on the request for access to the Railway Service Facilities and the use of basic and/or additional services submitted in accordance with and within the time limits provided for in the Rules, the Service Recipient would be provided with (e.g. possibility to use train formation and shunting facilities; Railway Service Facilities for the storage of rolling stock; the shunting hill to perform the formation of wagon trainsets arriving on behalf of the Service Recipient without assigning specific railway station tracks for that); in the station indicated in Annex No. No. 7 to the Contract;

4.1.9. to submit to the Service Recipient by e-mail [email protected] the Station Books and traffic management instructions of the respective railway stations specified in Annex No. 7 to the Contract and their amendments;

4.1.10. by approving or amending the provisions of the Rules, Station Books, Local Legal Acts (Rules, terms, procedures, etc.) or other Local Legal Acts regulating the use of Railway Service Facilities, establishing the division of responsibilities and/or functions between the Service Recipient and the Service Provider, the Service Provider consults with the Service Recipient pursuant to the Order No. ĮS (LGI) -138 of the Director General of the Lithuanian Railway Infrastructure of 19 March 2020 “On Approval of the Rules for Consultation with Railway Undertakings (Carriers), Applicants and Other Persons”;

4.1.11. in the cases provided for in Clause 4.1.10 of the Contract, after approving or amending the Rules, to publish the Local Legal Acts on the Service Provider's website http://lginfrastruktura.lt/ in the section “Information for the Carrier” and to inform the Service Recipient thereof by e-mail [email protected], not later than 5 working days from the day of amendment or approval of the documents specified in Clause 4.1.10 of the Contract;

4.1.12. to perform other duties provided for in the Contract.

4.2. The Service Recipient undertakes:

4.2.1. to pay for the Services in accordance with the procedure and terms established in the Contract and/or the Rules;

4.2.2. not to violate the rights and legitimate interests of third parties and the principles of public order when using the Services;

4.2.3. to inform the Service Provider in writing about the change of the data specified in Chapter XV of the Contract, as well as the data provided to the Service Provider, not later than within 3 (three) working days from the moment of their change. If the Service Recipient does not comply with these requirements, he shall not be entitled to claims if the actions of the other Party have been performed on the basis of the latest data known to him;

4.2.4. to fulfil the reasonable requirements of the employees of the authorised units of the Service Provider (Annex No. 9 to the Contract) necessary to ensure the safety of the provision of Services and to create all the necessary conditions necessary for the implementation of the conditions of the Contract or to verify their implementation;

4.2.5. when preparing, implementing and/or improving its SMS, to cooperate with the Service Provider on the measures that must be sufficient for interoperability with the measures provided for in the Service Provider's SMS:

4.2.5.1. measures for the exchange and cooperation of information related to railway safety (operational information, including information on permanent and/or temporary restrictions on train traffic, failures of rolling stock, public railway infrastructure, information relating to freight, including dangerous and oversized freight); interoperability of information systems and to ensure local changes or adoption of new legislation);

4.1.11. In the cases provided for in Clause 4.1.10 of the Contract, after approving or amending the Rules, to publish the Local Legal Acts on the Service Provider's website http://lginfrastruktura.lt/ in the section “Information for the Carrier” and to inform the Service Recipient thereof by e-mail [email protected], not later than 5 working days from the day of amendment or approval of the documents specified in Clause 4.1.10 of the Contract;

4.1.12. to perform other duties provided for in the Contract.

4.2. The service recipient undertakes:

4.2.1. to pay for the Services in accordance with the procedure and terms established in the Contract and/or the Rules;

4.2.2. not to violate the rights and legitimate interests of third parties and the principles of public order when using the Services;

4.2.5. when preparing, implementing and/or improving its SMS, to cooperate with the Service Provider on the measures that must be sufficient for compatibility with the measures provided for in the Service Provider's SMS:

4.2.5.1. measures applied to the exchange of information related to railway safety and cooperation (operational information, including information on permanent and/or temporary restrictions on train traffic, failures of rolling stock, public railway infrastructure, information relating to freight, including dangerous and oversized freight); interoperability of information systems and to ensure local changes or adoption of new legislation);

4.2.5.2. measures applied to accident notification and accident management (accident management plan, accident notification scheme, common organization of testing the accident management plans);

4.2.5.3. measures applied to implementation and enforcement of Local Legal Acts (ensuring interoperability between rolling stock and public railway infrastructure, maintenance of rolling stock, pre-operation inspections on tracks operated by the Manager, servicing and formation of trainset, securing of rolling stock, use of wheel brakes, loading and securing of goods, transport of oversized goods, etc.);

4.2.5.4. measures applied to manage the risks due to interaction (identification of risks, establishment of control measures for risk management, selection of responsible persons);

4.2.6. to use in Railway Service Facilities only the rolling stock technically fit, registered in accordance with the procedure established by legal acts and having permits to start using them in the Republic of Lithuania, the maintenance of which is performed in accordance with the procedure established by legal acts;

4.2.7. to ensure that his drivers are able to transmit and/or receive the Service Provider's information on each train by shunting or GSM-R radio;

4.2.8. to ensure the certification, training, examination, monitoring and continuous control of train drivers established in legal acts;

4.2.9. to ensure that the train drivers of the Service Recipient and other employees whose work is directly or indirectly related to railway traffic involved in the use of Railway Service Facilities are sober and not intoxicated with psychoactive substances during their work;

4.2.10. to inform the Service Provider at least 10 working days in advance of the intention to start using traction rolling stock other than those specified to the Service Provider before signing the Contract, as well as of renewal or improvement of traction rolling stock already used on Railway Service Facilities, which may affect compatibility with the public railway infrastructure, and of the refusal to use railway traction rolling stock already used on the Railway Service Facilities by submitting to the Service Provider an updated draft of Annex No. 3 to the Contract;

4.2.11. if the Service Recipient intends to use traction rolling stock of other persons, he must indicate, together with the information provided in the draft Annex No. 3 to the Contract, the list of these persons, the railway stations where the traction rolling stock will be used and other information necessary for smooth performance of the Contract.

4.2.12. to confirm the fact of receipt of the documents submitted by the Service Provider in accordance with the procedure set forth in Clause 4.1.9 of the Contract to the Service Provider by the relevant e-mail from which these documents were received;

4.2.13. to take measures to inform his employees properly and in a timely manner about the requirements of legal acts necessary for the implementation of the Contract and (or) their amendments and to ensure that the employees comply with them in the performance of their functions;

4.2.14. to introduce the Station Book to employees who have the right to use it at work;

4.2.15. in the event of a railway transport disaster, railway transport traffic accident or railway transport incident, the Service Provider shall, upon receipt of the Service Provider's request, provide all data, including personal data, required for completing a deed on railway transport disaster, traffic accident or incident, in accordance with the requirements of the laws of the Republic of Lithuania and other legal acts regulating railway transport activities;

4.2.16. to take immediate action to eliminate deficiencies that may violate the requirements of safe railway traffic, which have arisen due to the actions or omissions of the Service Recipient, including his authorised persons and/or employees. If the Service Provider eliminates these deficiencies himself or with the help of third parties, all costs incurred by the Service Provider shall be reimbursed by the Service Recipient;

4.2.17. to comply with the requirements of the Service Provider's train traffic dispatchers and signalmen arising from the Contract, laws of the Republic of Lithuania or other legal acts;

4.2.18. to comply with the requirements of the laws and other legal acts of the Republic of Lithuania, the Rules, the railway stations where the Services are provided on the Railway Service Facilities, the Station Books and the requirements of the Local Legal Acts;

4.2.19. to perform other duties provided for in the Contract.

4.3. The Service Provider has the right to:

4.3.1. if the Service Provider has reasonable suspicions that the railway traffic safety requirements

may be violated due to the actions or omissions of the Service Recipient, including his authorised persons and/or employees, immediately stop the traffic of the Service Recipient's rolling stock if there is a threat to traffic safety or reasonable suspicion that traffic safety may not be guaranteed. The Service Provider shall inform the Lithuanian Transport Safety Administration and other competent institutions of the Republic of Lithuania and the Service Recipient thereof, which must immediately take the actions specified in Clause 4.2.16; the Service Provider has the right to eliminate these deficiencies himself or with the help of third parties, and demand that the Service Recipient reimburse all costs incurred;

4.3.2. in case of immediate repair, modernization, renewal, development and other works are carried out on Railway Service Facilities or sidings and connecting tracks assigned to the Railway Service Facilities, the Service Provider shall have the right to restrict the Service Recipient's use of the Railway Service Facilities and sidings and connecting tracks assigned to the Railway Service Facilities specified in Clauses 2.3 and 2.4 of the Contract by informing in accordance with the procedure established in the Rules for Granting Railway Traffic Interruptions approved by Order No. ĮS (LGI) -193 of the Director General of AB Lietuvos Geležinkelių Infrastruktūra of 16 April 2020 “On Approval of the Description of the Procedure for Granting Railway Traffic Interruptions”;

4.3.3. The Service Recipient shall have the right to carry out the inspections listed in Annex No. 9 in order to ascertain whether the Service Recipient is properly fulfilling his contractual obligations and, taking into account the results of the inspection, to take the measures specified in Clause 4.5 of the Contract;

4.3.4. other rights provided for in the Contract.

4.4. The Service Recipient has the right to:

4.4.1. not to reimburse for the Services provided instead of the Services not provided to the Service Recipient in time, if the Service Recipient has not been informed about it in accordance with the requirements of Clause 4.3.2 of the Contract.

4.5. The Parties agree:

4.5.1. to carry out an assessment of the data recorded by the traction safety devices and speedometer lanes in the implementation of the following measures:

4.5.1.1. the Service Recipient shall ensure the safety equipment of traction rolling stock, the main functions of which are specified in Annex No. 24 of the Description of References to the Application of Certain Items of the Technical Regulations for Use of Railways, approved by Order No. Į-62 of the Director General of AB Lithuanian Railways of 20 January 2014 “On the Approval of the Description of References for the Application of Certain Paragraphs of the Technical Regulations for Use of Railways”, and the evaluation of the data to be recorded in the speedometer lanes;

4.5.1.2. the Service Recipient, in accordance with the procedure established in the Rules for Evaluation of Data to be Registered by Traction Rolling Stock Safety Devices and Speedometer Lanes, approved by Decree No. PO (LGI) -125 of the Director General of AB Lietuvos Geležinkelių Infrastruktūra of 17 July 2020 “On the Approval of the Rules for the Evaluation of Data Recorded by Traction Equipment Safety Devices and Speedometer Lanes”, submits to the Service Provider by e-mail [email protected] the data recorded by traction rolling stock safety devices and speedometer lanes;

4.5.1.3. the Service Provider shall evaluate the received data recorded by the traction rolling stock safety devices and speedometer lanes in accordance with the procedure established by the Rules for the Evaluation of Traction Rolling Stock Safety Devices and Speedometer Lanes;

4.5.2. to cooperate in order to ensure that the Service Recipient uses technically fit traction rolling stock on the public railway infrastructure. This cooperation (including but not limited to, monitoring of traction failures, identification of measures for reduction of failures, inspections of traction rolling stock, mutual consultation and provision of recommendations as appropriate) will be carried out in accordance the Rules of Cooperation prepared by the Service Provider and approved in accordance with the procedure established in the Rules for Consultation with Railway Undertakings (Carriers), Applicants and Other Persons;

4.5.3. when the Service Provider uses hot-box detectors, in case of detecting failures of the Service Recipient's rolling stock during traffic or the fact that there is a direct threat to the safety of railway traffic due to violation of the requirements set out in the Rules for the Carriage of Goods by Rail approved by Order No. 174 of the Minister of Transport and Communications of the Republic of Lithuania of 20 June 2000 “On the Approval of the Rules for the Carriage of Goods by Rail”, SMGS, Annex No. B - Uniform Rules Concerning the Contract for International Carriage of Goods by Rail (CIM)to the Convention concerning International Carriage by Rail (COTIF), Rail Traffic Rules approved by Order No. 452 of the Minister of Transport and Communications of the Republic of Lithuania of 30 December 1999 “On Approval of the Railway Traffic Rules”, Technical Regulations for Use of Railways, the Service Provider shall take the following measures:

4.5.3.1. The Service Provider shall make a decision on further train traffic control in accordance with the procedure established by legal acts, and the Service Recipient - on the train driving;

4.5.3.2. The Service Provider shall immediately inform the person authorised by the Service Recipient by telephone or e-mail about this case, who must arrive at the place specified by the Service Provider within the term specified by the Service Provider, but not longer than 6 (six) hours, and immediately take measures to address existing irregularities if the Service Provider's conclusion is confirmed;

4.5.3.3. If the Service Provider's authorised person fails to arrive at the place specified by the Service Provider within the time specified in Clause 4.5.3.2 of the Contract, or if the Service Recipient fails to take immediate measures to eliminate the existing discrepancies, the Service Provider shall, if necessary, perform the actions specified in Clause 8.6 of the Agreement and inform the LTSA in accordance with the procedure established by legal acts;

4.5.4. The Parties agree that the information procedure specified in Clauses 4.5.3.1 - 4.5.3.3 of the Contract shall also apply when the acts or omissions of the train drivers or other employees of the Service Recipient whose work is directly or indirectly related to railway traffic allow the Service Provider to conclude that that the state of health of these persons does not comply with the requirements established by legal acts;

4.5.5. The Parties agree that in the cases specified in Clauses 4.5.3 and 4.5.4 of the Contract and Annex No. 9 to the Contract, if the conclusion of the Service Provider is confirmed, the costs and losses incurred by the Service Provider shall be reimbursed by the Service Recipient, and if this conclusion is not confirmed, the costs and losses of the Service Recipient shall be reimbursed by the Service Provider.

V. PROCEDURE FOR ORDERING AND PROVIDING SERVICES

5.1. The Services are provided in accordance with the Rules.

5.2. Services at railway stations shall be ordered by e-mail upon submission of a request for access to Railway Service Facilities and use of basic and/or additional services, the form of which is approved in Annex No. 3 to the Rules, to the staff of the respective Service Provider’s railway station at the addresses specified in Annex No. 8.

VI. PROCEDURE OF PAYMENT FOR THE SERVICES

6.1. The Parties shall agree on the specific Services and the conditions of their provision by submitting requests for access to Railway Service Facilities. The rates of using the basic and/or additional services provided on Railway Service Facilities are indicated in Annex No. 5 to the Contract.

6.2. Payments are made in the single currency of the European Union - the euro (EUR).

6.3. The terms and conditions of the provision of the Services provided during the reporting calendar month shall be agreed with the Service Recipient and VAT invoices shall be issued by the 10^th calendar day of the following month. VAT invoices are sent to the Service Recipient by e-mail: enter e-mail address.

6.4. The Service Recipient shall pay for the provided Services within 10 calendar days from the date of receipt of the VAT invoice. The date of receipt is considered the date of an e-mail letter with the VAT invoice.

6.5. The Parties agree and consent that if the amount of VAT changes during the validity of the Contract, the price of the Service without VAT will not be changed, i. e. the Service Provider will pay the Service Recipient the price of the Services, which will be equal to the amount obtained by adding the VAT calculated according to the newly approved tax rate to the price of the Services without VAT specified in the Contract, unless otherwise provided by the legislation of the Republic of Lithuania.

6.6. If the Service Recipient is indebted to the Service Provider for the provided Services, the Service Provider shall first credit all the Service Recipient's payments to cover the incurred debt and only the interest accrued thereafter.

VII. LIABILITY OF THE PARTIES

7.1. The Parties shall be liable for non-performance of the obligations under the Contract in accordance with the procedure established by the laws of the Republic of Lithuania.

7.2. A Party shall not be liable for cases of damage to the other Party if it occurred not through the fault of the Party.

7.3. Suspension of the provision of the Services, when the Service cannot be provided due to the inaction or malfunction of the Service Recipient, is not considered a delay in the provision of the Services and the Service Provider is not responsible for the suspension of the provision of the Services in this case.

7.4. The Parties shall be liable for damage caused through their own fault, including damage caused by breaches of railway, fire and environmental safety, occupational safety, hygiene and sanitation Rules.

7.5. The Service Recipient shall be responsible for the accuracy and completeness of the data provided in the Request of service order for access to Railway Service Facilities and Use of Basic and/or Additional Services.

7.6. If one of the Parties through its own fault delays in starting to provide or use the Services for more than 2 (two) hours from the start of wagon movement requested by the Service Recipient, agreed in accordance with the Rules, from the third hour the Party shall charge the other Party a default interest of 0.05 (five hundredths) percent for each hour of delay from the price of the Services, including VAT, specified in the service order and intended to be provided,.

7.7. If the Service Recipient is late in paying for the duly provided Services within the term specified in the Contract, the Service Provider shall charge the Service Recipient a default interest of 0.05 (five hundredths) percent on the unpaid amount indicated in the VAT invoice, including VAT for each day of delay.

7.8. Payment of the default interest shall not release the Parties from their obligation to perform their obligations assumed under the Contract. Termination of the Contract does not release the Parties from the payment of penalties calculated prior to the termination of the Contract.

7.9. The Party whose actions (omissions) cause damage to the other Party must compensate the other Party for all losses incurred by it, unless otherwise provided in individual Clauses of the Rules or in the Contract.

7.10. The Parties undertake to refrain from any action that would infringe the rights or cause damage to the other Party.

7.11. Inspections carried out by the Service Recipient in accordance with the provisions of the Contract shall not affect liability of the Service Recipient under the law, including but not limited to, liability for the condition of the rolling stock.

VIII. ELIMINATION OF RAIL TRANSPORT DISASTERS, TRAFFIC ACCIDENTS, incidents AND THEIR CONSEQUENCES

8.1. Railway transport disasters, traffic accidents and incidents and their consequences shall be eliminated in accordance with the Regulations on the Submission of Notifications on Railway Transport Disasters, Traffic Accidents and Incidents, Investigation of Railway Transport Disasters, Traffic Accidents and Incidents and Elimination of their Consequences, approved by Order No.3-79 of the Minister of Transport and Communications of 20 February 2003 "On Approval of the Regulations on the Submission of Notifications on Railway Transport Disasters, Accidents and Incidents, Investigation of Railway Transport Disasters, Accidents and Incidents and Elimination of their Consequences" with all amendments and additions.

8.2. Employees of the Service Recipient related to or seen a railway transport disaster, traffic accident or incident in accordance with the Description of the Employee's Actions in the event of a railway transport disaster, traffic accident and incident and the procedure for submitting initial information about them approved by Order No. ĮS (LGI) -11 of the Director General of 4 December 2019 “On the submission of accident notifications and approval of the accident management plan”, shall immediately inform the responsible employees of the Service Provider.

8.3. When a train is forcibly stopped on the side tracks or railway station, the rolling stock driver of the Service Recipient shall notify the Service Provider's responsible employees and other running train drivers thereof and shall continue to operate in accordance with the requirements of the Railway Traffic Rules approved by Order No. 452 of the Minister of Transport of the Republic of Lithuania of 30 December 1999 “On Approval of Railway Traffic” and the Regulation on Oral Orders, Instructions and Other Notices of Railway Transport Traffic Control, approved by Order No. ĮS (LGI) -7613 of the CEO of AB LTG Infra of 23 December 2020.

8.4. Upon receipt of the notification of a railway transport disaster, traffic accident or incident, the Service Recipient shall appoint a representative who must arrive at the place of the railway transport disaster, traffic accident or disaster as a matter of urgency to work in the organised operational group that will carry out the liquidation of consequences (restoration works). No later than the next day, the Service Recipient shall appoint responsible personnel to participate in the investigation of railway transport disaster, accident or incident and collection of investigation material, and upon request by the Service Provider shall immediately provide access to the Service Recipient’s rolling stock and employee qualification certificates, other information and documents necessary for the proper investigation of a railway transport disaster, accident or incident.

8.5. The Service Provider has the right to use the Service Recipient’s traction rolling stock or other railway rolling stock eliminating the consequences of a railway transport disaster, traffic accident or incident. If the railway transport disaster, traffic accident or incident occurred not through the fault of the Service Recipient, the Service Provider shall indemnify the Service Recipient for the losses incurred by the Service Recipient due to the use of its traction rolling stock or other rolling stock.

8.6. The Service Provider has the right to withdraw the Service Recipient's rolling stock from the Railway Service Facilities operated by the Service Provider, if this rolling stock interferes with the restoration of normal traffic. For this purpose, the Service Provider, having informed the Service Recipient thereof, has the right to use the assistance of other railway undertakings (carriers) or third parties by the means of information specified in the Contract.

8.7. Expenses related to the liquidation of the consequences of a railway transport disaster, traffic accident or incident shall be reimbursed by the Contracting Party whose fault (or employees of this party and hired third parties) has been established in accordance with the procedure established in the Law on Railway Safety of the Republic of Lithuania. If this damage is caused by the fault of other persons, the expenses related to the elimination of the consequences of a railway transport disaster, traffic accident or incident shall be reimbursed in accordance with the procedure established by legal acts.

IX. DISPUTE SETTLEMENT PROCEDURE

9.1. The Parties undertake to take all measures to fulfil all the terms of the Contract in a timely and fair manner. Disagreements arisen during the implementation shall be resolved through negotiations.

9.2. Any dispute or differences of opinion as to the performance, omission or termination of the Contract or any of its provisions shall be settled by negotiation between the Parties. If no agreement is reached through negotiations within a reasonable time, the dispute shall be resolved in the courts of the Republic of Lithuania in accordance with the procedure established by the laws of the Republic of Lithuania.

9.3. The Contract is concluded in accordance with the law of the Republic of Lithuania. The Contract and its individual provisions must be interpreted in accordance with the law of the Republic of Lithuania.

X. TERMINATION OF THE CONTRACT

10.1. The Contract may be terminated in the following cases:

10.1.1. by agreement of both Parties;

10.1.2. at the request of one of the Parties, it may be early terminated out of court, in case of a material breach of the Contract, by notifying the other Party in writing of the termination of the Contract not later than 30 (thirty) calendar days in advance. The Guilty Party, having received notice of early termination of the Contract, has the right to rectify the violations within the specified 30 (thirty) day period. If the specified violations are corrected, the Party shall lose the right to early terminate the Contract out of court;

10.1.3. unilaterally at the initiative of the Service Recipient, if the Service Provider suspends the provision of the Services or is unable to provide them properly due to his own or third parties' fault, without reimbursing the Service Provider for any costs or losses related to the termination of the Contract;

10.1.4. In other cases provided by the laws and legal acts of the Republic of Lithuania.

10.2. The Parties agree that the following will be considered a material breach of the Contract:

10.2.1. The validity of Part A or B of the railway undertaking's safety certificate has been suspended or revoked, except in cases when the validity of these documents is suspended at the request of the Service Recipient;

10.2.2. The civil liability of the Service Recipient is not covered by the compulsory civil liability insurance valid for the entire term of the Contract;

10.2.3. The Service Provider does not comply with the provisions of Article 30² (1) of the Code;

10.2.4. If the Service Provider additionally notifies the Service Recipient in writing and sets a term of at least 10 calendar days, the Service Recipient does not provide the data on the safety devices and speedometer lanes specified in Clause 4.5.1.3 of the Contract;

10.2.5. Delay of the Carrier to pay according to the VAT invoices submitted by the Manager for more than 30 (thirty) calendar days from the date of payment indicated in the VAT invoice.

10.3. The Contract expires when the Service Provider no longer carries out the activity of operation of Railway Service Facilities.

10.4. Upon revocation of the suspension of the validity of Part A or B of the railway undertaking's (carrier's) safety certificate in accordance with the procedure established by legal acts, the Service Recipient acquires the right to use the public railway infrastructure under the Contract not earlier than 5 (five) working days after submitting to the Service Provider attested copies of the approved documents., unless the parties agree otherwise.

10.5. Upon termination of the Contract in the cases specified in Clause 10.2 of the Contract, the guilty Party shall indemnify the other Party for all losses incurred due to such termination.

XI. CIVIL LIABILITY INSURANCE

11.1. At the time of signing the Contract, the requirements for civil liability insurance of the Railway Transport Code of the Republic of Lithuania established in Article 10¹ of the Railway Transport Code of the Republic of Lithuania as subsequently amended and supplemented shall apply to the Service Recipient.

11.2. If the Service Recipient’s civil liability insurance contract expires and is not renewed or the scope and/or conditions of the insurance become insufficient, the Service Provider, having notified the Service Recipient 10 (ten) calendar days in advance, has the right to suspend the provision of Services until the moment evidence of the validity of adequate insurance cover is submitted.

11.3. If the Service Recipient, in the course of its activities, causes damage to the Service Provider and is liable for the damage, and the insurance indemnity is not sufficient to cover all the damage, then the Service Recipient must indemnify the difference between the actual amount of damage and the insurance indemnity. The Service Recipient must reimburse this difference within 15 (fifteen) calendar days from the date of payment of the insurance indemnity, unless otherwise agreed.

XII. FORCE MAJEURE

12.1. The Parties shall be released from liability for improper performance of obligations under the Contract due to force majeure circumstances. For the purposes of the Contract, force majeure means any event or phenomenon beyond the control of the Parties to the Contract, which is specified in Article 6.212 of the Civil Code of the Republic of Lithuania and the Rules of Release from Liability due to Force Majeure, approved by Resolution No. 840 of the Government of the Republic of Lithuania of 15 July 1996 (as subsequently amended and supplemented). In determining the circumstances of force majeure, the Parties shall be guided by the Resolution No. 222 of the Government of the Republic of Lithuania of 13 March 1997 “On the Approval of the Procedure for Issuance of Certificates Certifying the Circumstances of Force Majeure” or the regulatory enactments replacing it.

12.2. A Party, which due to force majeure circumstances is unable to perform the obligations assumed under the Contract, shall immediately, but not later than within 10 (ten) calendar days from the beginning of the impossibility to perform this Contract, inform the other Party to the Contract thereof. Late notification or failure to provide information shall deprive the other Party of the right to invoke force majeure as a ground for release from liability for untimely fulfilment or non-performance of obligations and indemnification for damages.

12.3. If force majeure circumstances, due to which one of the Parties is substantially unable to perform the obligations assumed under the Contract, last longer than 6 (six) months, either Party, having notified the other Party in writing 30 (thirty) days in advance, has the right to terminate the Contract.

XIII. OTHER CONDITIONS

13.1. The contract enters into force on the day of its signing and is valid until xx December 202x. inclusive, if it is not terminated on the grounds and in accordance with the procedure established in the Contract and legal acts of the Republic of Lithuania.

13.2. Amendments and additions to this Contract shall be valid only if they are made in writing and signed by both Parties, except for the change of legal details and/or documents specified in Clause 13.3 of the Contract, when unilateral notice is sufficient.

13.3. The Parties agree that in the event of a change in the Service Recipient's documents specified in Clause 14.1 of the Contract, the Contract shall not be amended and the Service Recipient shall provide the Service Provider with certified copies of the changed documents in accordance with the procedure established in Clause 4.2.3 of the Contract.

13.4. The Service Recipient declares that, in accordance with the provisions of the Law on Corporate Income Tax of the Republic of Lithuania and the Law on Value Added Tax of the Republic of Lithuania, it is considered to be associated / unassociated (related / unrelated) with the Service Provider.

13.5. If any provision of the Contract contradicts the laws and other legal acts of the Republic of Lithuania and is invalid, the Parties shall immediately enter into negotiations and agree on alternative provisions acceptable to the Parties, which by their meaning and intention is the closest to the invalid provision and which complies with the requirements of the legal acts of the Republic of Lithuania and the work technology of the Service Recipient or the Service Provider.

13.6. Amendments and additions to the Contract are an integral part of the Contract.

13.7. Neither Party shall be entitled to transfer the rights and obligations defined in the Contract to third parties without the written consent of the other Party.

13.8. The Parties undertake to ensure that all personal data are processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other legislation on the processing and protection of personal data.

13.9. Each Party shall inform its employees of the processing of their personal data by the other Party in accordance with the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and shall provide supporting evidence at the request of the other Party. A Party that fails to perform or improperly performs the obligations provided for in this Clause shall indemnify the other Party for the losses incurred as a result thereof, including, but not limited to, fines and/or other pecuniary sanctions imposed by public authorities.

13.10. The Parties agree to keep the terms of this Contract, all documentation and information received by the Parties from each other in performance of the Contract confidential and not to disclose any information about it to third parties without the prior written consent of the other party, except as required by the legislation of the Republic of Lithuania and in the cases when the terms of the Contract, documentation and information are required to be provided to third parties to whom the Service Provider provides the Services upon the instruction of the Service Recipient. The guilty Party shall indemnify the other Party for the losses incurred as a result of the dissemination of information under this Contract.

13.11. All information related to the Contract shall be communicated by the Parties to each other in writing, by e-mail and/or by registered mail to the addresses of the Parties specified in Chapter XV of the Contract, unless otherwise provided in the Contract. The day of notification is considered to be the day of sending an e-mail or registered letter.

13.12. The service recipient is registered as a VAT payer in Lithuania.

13.13. Contact person of the Service Recipient for issues related to the performance of the contract – enter position, name and surname, tel. No. and e-mail address.

13.14. Contact person of the Service Provider for issues related to the performance of the contract - enter position, name and surname, tel. No. and e-mail address.

13.15. The Contract is concluded in the Lithuanian language and signed by a qualified electronic signature of the representatives of the Parties. Only the Contract signed by a qualified electronic signature of the representatives of both Parties has legal force.

XIV. ANNEXES TO THE CONTRACT

14.1. All Annexes to the Contract are an integral part of the Contract:

Annex No. 1 - Copy of enter the name of the undertaking Part A of safety certificate No. xxxxxxxx, (or a copy of the general safety certificate);

Annex No. 2 - Copy of enter the name of the undertaking Part B of safety certificate No. xxxxxxxx, (or a copy of the general safety certificate);

Annex No. 3 - List of available traction or self-propelled rolling stock of enter the name of the undertaking , if any, indicating their operational limitations;

Annex No. 4 – Copy of enter the name of the undertaking compulsory civil liability insurance certificate XXXX No. xxxxxxx;

Annex No. 5 - List of Services Provided to the Service Recipient enter the name of the undertaking in the operated Railway Service Facilities;

Annex No. 6 - List of railway station tracks or sidings assigned to them;

Annex No. 7 - List of railway stations where the Service Recipient is given the opportunity to perform the formation of trainsets arriving on behalf of the Service Recipient;

List of railway stations where the Service Provider is given the opportunity to perform the formation of wagon trains arrived on behalf of the Service Recipient

Annex No. 8 - Contact details of the railway station staff by which requests to use the service are submitted;

Annex No. 9 - List of areas and units to which inspection staff belongs.

XV. LEGAL DETAILS OF THE PARTIES

Service Provider	Service Recipient

Name of the undertaking	Name of the undertaking
XXXXXXXXX	Undertaking address
Undertaking code XXXXXXXXX	Undertaking code XXXXXX
VAT payer code XXXXXXXXX	VAT payer code XXXXXXXX
Undertaking registration place	Undertaking registration place
Tel. XXXXXXXXX	Tel. XXXXXXX
E-mail: XXXXXXXXX	E-mail: XXXXXXXX
Bank details:	Bank details:
XXXXXXXXX	XXXXXXXXX
Account:	Account:
XXXXXXXXX	XXXXXXXXX

Position	Position
Name and surname		Name and surname

Service Recipient: enter personal data (position, name, surname, telephone)

Person responsible for monitoring the performance of the contract: enter personal data (position, name, surname, telephone)

To be served: indicate the structural units

Annex No. 5

to the Contract for the Provision of Services on Railway Service Facilities -_______20..

List of available traction or self-propelled rolling stock of enter the name of the undertaking

No.

Type

Model, Series

Operated/ Identification number

Mass (t)

Restrictions

Cold reserve

Annex No. 6

to the Contract for the Provision of Services on Railway Service Facilities -_______20..

List of railway station tracks or sidings assigned to them

No.

Name of railway station

Name of the undertakings which own the railway station tracks or sidings assigned to them, and numbers of these tracks

Distance from the railway station axis or the station tracks axis to the boundary of the station or the Manager-owned SF-assigned siding, calculating the entire distance of the Manager-owned SF-assigned siding from the start of the track to the end of the track (m) (exceptions are specified in the Rules).

Annex No. 7

to the Contract for the Provision of Services on Railway Service Facilities -_______20..

List of railway stations where the Service Recipient is given the opportunity to perform the formation of trainsets arriving on behalf of the Service Recipient

At the railway station xxxxxxx - xx contract wagons present at the station at the same time.

Annex No. 8

to the Contract for the Provision of Services on Railway Service Facilities -______20..

Contact details of the railway station staff by which requests to use the service are submitted;

Proposal for the submission of a request for access to Railway Service Facilities and the use of basic and/or additional services:

If the Service Recipient wishes to use the service facilities at the station where a station attendant is on duty on a 24 hour basis, a request for access to the Railway Service Facilities and use of the basic and/or additional services shall be sent to the station attendant of that station.
If the Service Recipient wishes to use the service facilities at the station in which a station attendant is on duty on a call basis, a request for access to the Railway Service Facilities and use of the basic and/or additional services should be sent to the station attendant of the base station and of the station where the station attendant will want to operate.

No.

Station where the Service Recipient wishes to use the service facilities (specified in the request)

Recipient of the request

E-mail address

Station attendant

Annex No. 9

to the Contract for the Provision of Services on Railway Service Facilities -_______20..

List of areas and units to which inspection staff belongs

No.	Inspected area	Staff affiliation to the unit	Notes
1	2	3	4
1.	Technical condition of traction units	Employees of the Railway Rolling Stock Technical Inspection Laboratory (hereinafter - the Laboratory) of the Diagnostics Department of AB Lietuvos Geležinkelių Infrastruktūra and safety experts authorised by the Service Provider	The inspection may be carried out: 1. in the cases specified in Clause 4.5.3 of the Agreement; 2. upon receipt of information from the Service Provider on possible violations of the requirements established by legal acts; 3. after the Service Provider has performed the evaluation of the data to be registered by the traction rolling stock safety devices and speedometer lanes specified in Clause 4.5.1.3 of the Contract.
2.	Technical condition of freight wagons	Safety experts authorised by the Service Provider	An inspection shall be performed upon receipt of information on possible violations of the requirements established by legal acts or upon receipt of information on non-conformities from hot box detectors.
3.	Cargo loading and securing	Safety experts authorised by the Service Provider	An inspection shall be performed upon receipt of information on possible violations of the requirements established by legal acts or upon receipt of information on non-conformities from the installed control measures, i. e. dimensional control gates, dynamic scales, etc.
4.	Knowledge and competence of staff involved in rail traffic	Safety experts authorised by the Service Provider	Inspections are carried out only after official receipt of information on possible violations of legal requirements.
5.	Compliance of the functions performed by the employees related to railway traffic with the requirements of the legal acts regulating traffic safety	Safety experts authorised by the Service Provider	Inspections are carried out only after official receipt of information on possible violations of legal requirements.
6.	Data to be recorded by traction rolling stock safety devices and speedometer lanes	Laboratory staff	The inspection is performed upon receipt of the data recorded by the traction rolling stock safety devices and speedometer lanes in the cases specified in the Rules for the evaluation of records of traction rolling stock safety devices and speedometer lanes.

ANNEX B2 PRODUCT ENVIRONMENTAL ATTRIBUTES COMPUTERS AND
ANNEX NO 1 TITLE NAME AND SURNAME OF
 COMUNICAT DE PREMSA  ANNEX DESCRIPCIÓ DELS

Tags: annex no., attendant annex, annex, rules