Common use of Capacity Allocation Clause in Contracts

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. Capacity is allocated to the Railway Undertaking to carry out train operations. The allocation is granted annually on the basis of a specific application from the Railway Undertaking. Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the Railway Undertaking. The Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the Railway Undertaking must utilize these. If the Railway Undertaking partly or totally ceases to utilize allocated paths, the Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the Railway Undertaking does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the valid Executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the Railway Undertaking. In case of congested infrastructure, the Danish Traffic, Building and Housing Agency will, according to the valid Executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to valid Executive order on allocation of railway infrastructure capacity (paths) etc. stating that the Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the Railway Undertaking and Banedanmark. Banedanmark reserves the right to revoke a given path without prior agreement with the Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. Capacity The RU is allocated to the Railway Undertaking capacity to carry out train operationsoperation. The allocation Allocation is granted annually on the basis of a specific application from the Railway Undertaking. RU and Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the Railway UndertakingRU. The Railway Undertaking RU submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the Railway Undertaking RU must utilize these. If the Railway Undertaking RU partly or totally ceases to utilize allocated paths, the Railway Undertaking RU is obliged to inform Banedanmark immediately and without any undue delay. If the Railway Undertaking RU does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the valid Executive applicable executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the Railway UndertakingRU. In case of congested infrastructure, infrastructure the Danish Traffic, Building Transport and Housing Construction Agency will, according to the valid Executive applicable executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to valid Executive order applicable law on allocation of railway rail way infrastructure capacity (paths) etc. stating that the Railway Undertaking RU reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the Railway Undertaking RU and Banedanmark. However, Banedanmark reserves the right to revoke a given path without prior agreement with the Railway Undertaking, RU if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. Capacity is allocated to the Railway Undertaking to carry out train operations. The allocation is granted annually on the basis of a specific application from the Railway Undertaking. Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the Railway Undertaking. The Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the Railway Undertaking must utilize these. If the Railway Undertaking partly or totally ceases to utilize allocated paths, the Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the Railway Undertaking does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the valid Executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the Railway Undertaking. In case of congested infrastructure, the Danish Traffic, Building and Housing Agency will, according to the valid Executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to valid Executive order on allocation of railway infrastructure capacity (paths) etc. stating that the Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the Railway Undertaking and Banedanmark. Banedanmark reserves the right to revoke a given path without prior agreement with the Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf 1. In case the Storage Service Provider does not set a Minimum Bid Price in accordance with Article 3, para. 2. of ØSBthe T&C Online Auction the Storage Service Provider is entitled to not accept offers by Authorized Storage Customers, if such offers do not meet certain economic criteria laid down by the Storage Service Provider. Capacity The Storage Service provider is allocated not obliged to publish any economic criteria also in relation to the Railway Undertaking determination of the Minimum Bid Price but may apply such criteria to carry out train operationsall Authorized Storage Customers in a non-discriminatory manner. 2. All accepted offers will be evaluated by the Storage Service Provider which allocates its Storage Capacities without discrimination in correspondence to the offers. The allocation is granted annually highest offers will be allocated preferentially. The amount of allocated bundled/unbundled capacity depends on the basis availability of such capacity. 3. All offers meeting the economic criteria of the Storage Service Provider will be allocated and respectively accepted in a specific application from non-discriminatory manner. The Storage Service Provider will allocate the Railway Undertakingrequested bundled and/or un-bundled Storage Capacity to the available bundled and/or unbundled Storage Capacity. Banedanmark provides a written confirmation The Fixed Storage Fee for the allocated bundled and/or unbundled Storage capacity depends on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part binding offer of the Authorized Storage Customer per bundle/unbundled capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the Railway Undertaking. The Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the Railway Undertaking must utilize these. If the Railway Undertaking partly or totally ceases to utilize allocated paths, the Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the Railway Undertaking does not wish to utilize will be multiplied with the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the valid Executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated bundles/unbundled capacity. In order to ensure optimal utilization case the requests by Authorized Storage Customers exceed the available bundled/unbundled capacity the offer representing the highest Storage Services Fee per bundle or unbundled Storage Capacity will be preferentially allocated. 4. An offer meeting the economic criteria of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does EPG can also be partially accepted by EPG in case it cannot apply if the decreased utilization of the capacity is be accepted in its entirety due to circumstances outside the influence insufficient availability of the Railway Undertakingbundles or unbundled Storage Capacity. 5. In case of congested infrastructuretwo or more bids of the same Fixed Storage Fee meet the economic criteria of EPG and cannot be accepted in its entirety the available bundled or unbundled Storage Capacity will be allocated pro rata. All same bids related to Storage Capacity shall be summed up and the respective share of bids shall be determined. Depending on that share relation the remaining storage capacities shall be allocated pro rata. In that context the allocated number of bundles might be rounded down to an integer, if necessary. 6. All capacities auctioned in Auction No. X/XXXX are available on firm basis. B. Final provisions Article 5: Legal Remarks 1. EPG shall not be liable for the Danish Trafficbreakdown, Building unavailability, malfunctioning and/or any technical or other problems of the Electronic Marketing Platform that hinder the Auction prior to, during and Housing Agency will, according / or after the Auction. 2. All Authorized Storage Customers are obliged to treat all information confidentially they have received during the Auction. 3. These terms and conditions including enclosures shall be subject to and construed in accordance with German Law. 4. Should any individual provision or any part of any provision of these terms and conditions be or become void or unenforceable the validity of the remaining provisions shall in no way be affected. In such case the void and/or unenforceable provisions shall be replaced by relative provisions coming as closely as possible to the valid Executive order on allocation sense and spirit and purpose of railway infrastructure capacity (paths) etcthese Terms and Conditions. This shall apply correspondingly to any regulatory gaps., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to valid Executive order on allocation of railway infrastructure capacity (paths) etc. stating that the Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the Railway Undertaking and Banedanmark. Banedanmark reserves the right to revoke a given path without prior agreement with the Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf of ØSB. Capacity is allocated to the Railway Undertaking to carry out train operations. The allocation is granted annually on the basis of a specific application from the Railway Undertaking. Banedanmark provides a written confirmation on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part of the capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the Railway Undertaking. The Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the Railway Undertaking must utilize these. If the Railway Undertaking partly or totally ceases to utilize allocated paths, the Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the Railway Undertaking does not wish to utilize the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the valid Executive order on infrastructure charges etc. for the State’s rail network. The first second day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated capacity. In order to ensure optimal utilization of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does not apply if the decreased utilization of the capacity is due to circumstances outside the influence of the Railway Undertaking. In case of congested infrastructure, the Danish Traffic, Building and Housing Agency will, according to the valid Executive order on allocation of railway infrastructure capacity (paths) etc., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to valid Executive order on allocation of railway infrastructure capacity (paths) etc. stating that the Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the Railway Undertaking and Banedanmark. Banedanmark reserves the right to revoke a given path without prior agreement with the Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.

Capacity Allocation. Banedanmark allocates capacity on behalf 1. In case the Storage Service Provider does not set a Minimum Bid Price in accordance with Article 3, para. 2. of ØSBthe T&C Online Auction the Storage Service Provider is entitled to not accept offers by Authorized Storage Customers, if such offers do not meet certain economic criteria laid down by the Storage Service Provider. Capacity The Storage Service provider is allocated not obliged to publish any economic criteria also in relation to the Railway Undertaking determination of the Minimum Bid Price but may apply such criteria to carry out train operationsall Authorized Storage Customers in a non-discriminatory manner. 2. All accepted offers will be evaluated by the Storage Service Provider which allocates its Storage Capacities without discrimination in correspondence to the offers. The allocation is granted annually highest offers will be allocated preferentially. The amount of allocated bundled/unbundled capacity depends on the basis availability of such capacity. 3. All offers meeting the economic criteria of the Storage Service Provider will be allocated and respectively accepted in a specific application from non-discriminatory manner. The Storage Service Provider will allocate the Railway Undertakingrequested bundled and/or un-bundled Storage Capacity to the available bundled and/or unbundled Storage Capacity. Banedanmark provides a written confirmation The Fixed Storage Fee for the allocated bundled and/or unbundled Storage capacity depends on the awarded capacity allocation. Additional capacity for occasional transport may also be allocated. The allocation principles are set forth in the applicable executive order on allocation of railway infrastructure capacity (paths) etc. Deadlines for application and allocation of capacity are provided on Banedanmark’s website. As part binding offer of the Authorized Storage Customer per bundle/unbundled capacity allocation process the parties must exchange data. Banedanmark continually makes infrastructure data available for the Railway Undertaking. The Railway Undertaking submits rolling stock data and production data to Banedanmark. To preserve the right to allocated paths, the Railway Undertaking must utilize these. If the Railway Undertaking partly or totally ceases to utilize allocated paths, the Railway Undertaking is obliged to inform Banedanmark immediately and without any undue delay. If the Railway Undertaking does not wish to utilize will be multiplied with the allocated path, the path must be cancelled. Such cancellation is subject to a charge. The determination of such charge is governed by the valid Executive order on infrastructure charges etc. for the State’s rail network. The first day of every month, Banedanmark quantifies the utilized capacity compared to the volume of allocated bundles/unbundled capacity. In order to ensure optimal utilization case the requests by Authorized Storage Customers exceed the available bundled/unbundled capacity the offer representing the highest Storage Services Fee per bundle or unbundled Storage Capacity will be preferentially allocated. 4. An offer meeting the economic criteria of the capacity, Banedanmark may revoke one or more paths, if less than 75 % is used within at least a month of the allocated capacity. Banedanmark’s right to revoke does EPG can also be partially accepted by EPG in case it cannot apply if the decreased utilization of the capacity is be accepted in its entirety due to circumstances outside the influence insufficient availability of the Railway Undertakingbundles or unbundled Storage Capacity. 5. In case of congested infrastructuretwo or more bids of the same Fixed Storage Fee meet the economic criteria of EPG and cannot be accepted in its entirety the available bundled or unbundled Storage Capacity will be allocated pro rata. All same bids related to Storage Capacity shall be summed up and the respective share of bids shall be determined. Depending on that share relation the remaining storage capacities shall be allocated pro rata. In that context the allocated number of bundles might be rounded down to an integer, if necessary. 6. All capacities auctioned in Auction No. 3/2023 are available on firm basis. B. Final provisions Article 5: Legal Remarks 1. EPG shall not be liable for the Danish Trafficbreakdown, Building unavailability, malfunctioning and/or any technical or other problems of the Electronic Marketing Platform that hinder the Auction prior to, during and Housing Agency will, according / or after the Auction. 2. All Authorized Storage Customers are obliged to treat all information confidentially they have received during the Auction. 3. These terms and conditions including enclosures shall be subject to and construed in accordance with German Law. 4. Should any individual provision or any part of any provision of these terms and conditions be or become void or unenforceable the validity of the remaining provisions shall in no way be affected. In such case the void and/or unenforceable provisions shall be replaced by relative provisions coming as closely as possible to the valid Executive order on allocation sense and spirit and purpose of railway infrastructure capacity (paths) etcthese Terms and Conditions. This shall apply correspondingly to any regulatory gaps., determine the threshold for when Banedanmark may revoke utilization of one or more paths. Passenger and freight traffic not carried out as a public service obligation is subject to valid Executive order on allocation of railway infrastructure capacity (paths) etc. stating that the Railway Undertaking reserves the right to 90 % of the paths from previous capacity allocated on all tracks from one allocation period to the next, if an application is submitted. Optional paths may be revoked by Banedanmark on prior agreement between the Railway Undertaking and Banedanmark. Banedanmark reserves the right to revoke a given path without prior agreement with the Railway Undertaking, if an appropriate application is not submitted for the relevant path at least five days before the actual operation of the path. In connection with specific sales projects/research studies, an agreed timetable can be determined for up to thirty days.