Common use of Confirmation of/Adherence Clause in Contracts

Confirmation of/Adherence. to Substance Bans Substances that are subject to legal restrictions or bans may only be contained in the delivered materials or parts or in the articles contained therein in accordance with these regulations (e.g. chemicals ban directive, REACH Regulation (EC) no. 1907/2006). MBCZ requires its Partners to be aware of the obligations from these regulations and to comply with them. The Partner must therefore ensure the following: The provision of correct and complete IMDS (International Material Data System) material data sheets (since 2003) is to be ensured free of charge for every new part and for the adjusted parts as well as for all substructure parts and/or contained operating materials characterized as spare parts in the spare parts area, and has to be implemented, in the course of initial sample inspections of new or modified products, at the latest two (2) months following a blank release (QG D). Any flawed material data sheets (MDS) will not be accepted and must be corrected at the latest three (3) months following blank release. For more information on the basic release principles, see IMDS FAQ – Mercedes-Benz Group AG IMDS supplier information on reviewing material data sheets: ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. A retroactive requirement may be issued for material data sheets not submitted thus far. Although as a general rule no sample inspection is performed for carry-over parts, standard parts and parts serving small parts optimization as used in a new model series, material data sheets will have to be submitted also regarding these parts or regarding the articles contained therein, should this be subsequently required. (1) of Regulation 1907/2006/EC for use by MBCZ. The Partner similarly ensures that for substances in products delivered that are subject to duty of notification in accordance with Article 7 (2), notification is performed by Partner or – if the product is not manufactured by Partner or was imported – by a supplier or sub-supplier, or alternatively the substance is registered for its intended use (Article 7 (6)). If substances subject to registration are not registered or substances stated in Annex XIV of the Regulation 1907/2006/EC are not permitted at the time of delivery for their contractually intended uses or the necessary notification in accordance with Article 7 (2) has not been issued, the Partner is required to contact its REACH Partner at MBCZ without delay: reach- kontakt@Mercedes-Benz Group ▇▇.▇▇▇. In case of developing a new component, substances listed in Annex XIV of the regulation 1907/2006/EG (REACH) must be waived in general. If the use of such substances is unavoidable, these substances only may be used after prior approval by the responsible person for the components (where applicable in coordination with the special material department at Mercedes- Benz Group AG) either in written or in text form. The Partner must provide evidence to the responsible person that the Partner or one of its suppliers or their sub-suppliers has submitted an application for approval for the required usage no later than upon reaching the “latest application date” (18 months before“sunset date”). Otherwise the Partner has to take further measures to ensure compliance with the requirements of the REACH-regulation. • If there are alternatives under technical and economic constraints, substances included on the candidates list must also be waived preventively in case of developing a new component. If there is no alternative, it has to be aligned with Mercedes-Benz Group AG. The current overviews of the substances included on the candidates list and of the ▇▇▇▇▇ ▇▇▇ can be accessed on ECHA’s homepage: ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇ • If a component contains a substance listed in Annex XIV of the Regulation 1907/2006/EG, the partner has to inform the contact person of the supplier management immediately, so that measures for substitution or, if necessary, for other activities regarding the compliance with the REACH regulations (e.g. approval for the relevant substances) can be initiated. Suppliers of spare parts shall refer to the contact person of the after sales department on this matter. • Substances of Very High Concern (SVHC) in components, spare parts, miscellaneous items, accessories and packaging: If parts delivered contain a share of substances of very high concern (SVHC) specified on the candidate list in accordance with Article 59 (1) of Regulation 1907/2006/EC amounting to more than 0.1% of their weight, the Partner is required to automatically provide all information in accordance with Article 33 (1) of Regulation 1907/2006/EC on delivery. This also applies if such substance is only added to the candidate lest during an ongoing supply relationship. The information must be provided in written form, preferably by IMDS. • Confirmation and observance of the substance bans according to the EU End-Of-Life Vehicles Directive (e.g. free of chrome (VI)) in accordance with the agreed changeover scenarios. • Compliance with the Negative Substance List for the Selection of Materials according to DBL 8585. • Recommendations for a further reduction of interior emissions. • Allergenic and sensitising substances (H317 and H334) must be avoided. • Minimization of interior emissions, especially compliance with the listed limits of DBL 5430.

Confirmation of/Adherence. to Substance Bans Substances that are subject to legal restrictions or bans may only be contained in the delivered materials or parts or in the articles contained therein in accordance with these regulations (e.g. chemicals ban directive, REACH Regulation (EC) no. 1907/2006). MBCZ requires its Partners to be aware of the obligations from these regulations and to comply with them. The Partner must therefore ensure the following: The provision of correct and complete IMDS (International Material Data System) material data sheets (since 2003) is to be ensured free of charge for every new part and for the adjusted parts as well as for all substructure parts and/or contained operating materials characterized as spare parts in the spare parts area, and has to be implemented, in the course of initial sample inspections of new or modified products, at the latest two (2) months following a blank release (QG D). Any flawed material data sheets (MDS) will not be accepted and must be corrected at the latest three (3) months following blank release. For more information on the basic release principles, see IMDS FAQ – Mercedes-Benz Group AG IMDS supplier information on reviewing material data sheets: ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. A retroactive requirement may be issued for material data sheets not submitted thus far. Although as a general rule no sample inspection is performed for carry-over parts, standard parts and parts serving small parts optimization as used in a new model series, material data sheets will have to be submitted also regarding these parts or regarding the articles contained therein, should this be subsequently required. (1) of Regulation 1907/2006/EC for use by MBCZ. The Partner similarly ensures that for substances in products delivered that are subject to duty of notification in accordance with Article 7 (2), notification is performed by Partner or – if the product is not manufactured by Partner or was imported – by a supplier or sub-supplier, or alternatively the substance is registered for its intended use (Article 7 (6)). If substances subject to registration are not registered or substances stated in Annex XIV of the Regulation 1907/2006/EC are not permitted at the time of delivery for their contractually intended uses or the necessary notification in accordance with Article 7 (2) has not been issued, the Partner is required to contact its REACH Partner at MBCZ without delay: reach- kontakt@Mercedes-Benz Group ▇▇.▇▇▇. In case of developing a new component, substances listed in Annex XIV of the regulation 1907/2006/EG (REACH) must be waived in general. If the use of such substances is unavoidable, these substances only may be used after prior approval by the responsible person for the components (where applicable in coordination with the special material department at Mercedes- Benz Group AG) either in written or in text form. The Partner must provide evidence to the responsible person that the Partner or one of its suppliers or their sub-suppliers has submitted an application for approval for the required usage no later than upon reaching the “latest application date” (18 months before“sunset date”). Otherwise the Partner has to take further measures to ensure compliance with the requirements of the REACH-regulation. •  If there are alternatives under technical and economic constraints, substances included on the candidates list must also be waived preventively in case of developing a new component. If there is no alternative, it has to be aligned with Mercedes-Benz Group AG. The current overviews of the substances included on the candidates list and of the ▇▇▇▇▇ ▇▇▇ can be accessed on ECHA’s homepage: ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇ •  If a component contains a substance listed in Annex XIV of the Regulation 1907/2006/EG, the partner has to inform the contact person of the supplier management immediately, so that measures for substitution or, if necessary, for other activities regarding the compliance with the REACH regulations (e.g. approval for the relevant substances) can be initiated. Suppliers of spare parts shall refer to the contact person of the after sales department on this matter. •  Substances of Very High Concern (SVHC) in components, spare parts, miscellaneous items, accessories and packaging: If parts delivered contain a share of substances of very high concern (SVHC) specified on the candidate list in accordance with Article 59 (1) of Regulation 1907/2006/EC amounting to more than 0.1% of their weight, the Partner is required to automatically provide all information in accordance with Article 33 (1) of Regulation 1907/2006/EC on delivery. This also applies if such substance is only added to the candidate lest during an ongoing supply relationship. The information must be provided in written form, preferably by IMDS. •  Confirmation and observance of the substance bans according to the EU End-Of-Life Vehicles Directive (e.g. free of chrome (VI)) in accordance with the agreed changeover scenarios. •  Compliance with the Negative Substance List for the Selection of Materials according to DBL 8585. • Recommendations for a further reduction of interior emissions. • Allergenic and sensitising substances (H317 and H334) must be avoided. • Minimization of interior emissions, especially compliance with the listed limits of DBL 5430.

Confirmation of/Adherence. to Substance Bans Substances that are subject to legal restrictions or bans may only be contained in the delivered materials or parts or in the articles contained therein in accordance with these regulations (e.g. chemicals ban directive, REACH Regulation (EC) no. 1907/2006). MBCZ requires its Partners to be aware of the obligations from these regulations and to comply with them. The Partner must therefore ensure the following: The provision of correct and complete IMDS (International Material Data System) material data sheets (since 2003) is to be ensured free of charge for every new part and for the adjusted parts as well as for all substructure parts and/or contained operating materials characterized as spare parts in the spare parts area, and has to be implemented, in the course of initial sample inspections of new or modified products, at the latest two (2) months following a blank release (QG D). Any flawed material data sheets (MDS) will not be accepted and must be corrected at the latest three (3) months following blank release. For more information on the basic release principles, see IMDS FAQ – Mercedes-Benz Group AG Daimler IMDS supplier information on reviewing material data sheets: ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇. A retroactive requirement may be issued for material data sheets not submitted thus far. Although as a general rule no sample inspection is performed for carry-over parts, standard parts and parts serving small parts optimization as used in a new model series, material data sheets will have to be submitted also regarding these parts or regarding the articles contained therein, should this be subsequently required. (1) of Regulation 1907/2006/EC for use by MBCZ. The Partner similarly ensures that for substances in products delivered that are subject to duty of notification in accordance with Article 7 (2), notification is performed by Partner or – if the product is not manufactured by Partner or was imported – by a supplier or sub-supplier, or alternatively the substance is registered for its intended use (Article 7 (6)). If substances subject to registration are not registered or substances stated in Annex XIV of the Regulation 1907/2006/EC are not permitted at the time of delivery for their contractually intended uses or the necessary notification in accordance with Article 7 (2) has not been issued, the Partner is required to contact its REACH Partner at MBCZ without delay: reach- kontakt@Mercedes▇▇▇▇▇-Benz Group ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. In case of developing a new component, substances listed in Annex XIV of the regulation 1907/2006/EG (REACH) must be waived in general. If the use of such substances is unavoidable, these substances only may be used after prior approval by the responsible person for the components (where applicable in coordination with the special material department at Mercedes- Benz Group AGDaimler) either in written or in text form. The Partner must provide evidence to the responsible person that the Partner or one of its suppliers or their sub-suppliers has submitted an application for approval for the required usage no later than upon reaching the “latest application date” (18 months before“sunset date”). Otherwise the Partner has to take further measures to ensure compliance with the requirements of the REACH-regulation. •  If there are alternatives under technical and economic constraints, substances included on the candidates list must also be waived preventively in case of developing a new component. If there is no alternative, it has to be aligned with Mercedes-Benz Group AGDaimler. The current overviews of the substances included on the candidates list and of the ▇▇▇▇▇ ▇▇▇ can be accessed on ECHA’s homepage: ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇.▇▇ •  If a component contains a substance listed in Annex XIV of the Regulation 1907/2006/EG, the partner has to inform the contact person of the supplier management immediately, so that measures for substitution or, if necessary, for other activities regarding the compliance with the REACH regulations (e.g. approval for the relevant substances) can be initiated. Suppliers of spare parts shall refer to the contact person of the after sales department on this matter. •  Substances of Very High Concern (SVHC) in components, spare parts, miscellaneous items, accessories and packaging: If parts delivered contain a share of substances of very high concern (SVHC) specified on the candidate list in accordance with Article 59 (1) of Regulation 1907/2006/EC amounting to more than 0.1% of their weight, the Partner is required to automatically provide all information in accordance with Article 33 (1) of Regulation 1907/2006/EC on delivery. This also applies if such substance is only added to the candidate lest during an ongoing supply relationship. The information must be provided in written form, preferably by IMDS. •  Confirmation and observance of the substance bans according to the EU End-Of-Life Vehicles Directive (e.g. free of chrome (VI)) in accordance with the agreed changeover scenarios. •  Compliance with the Negative Substance List for the Selection of Materials according to DBL 8585. • Recommendations for a further reduction of interior emissions. • Allergenic and sensitising substances (H317 and H334) must be avoided. • Minimization of interior emissions, especially compliance with the listed limits of DBL 5430.