Mostostal Warszawa S A : Statement of Mostostal Warszawa S.A. in connection with a request for payment of contractual penalties and damages under the Jaworzno III Contract

In connection with the Current Report No. 2/2023 of TAURON Polska Energia S.A. published on January 11, 2023 informing that TAURON Wytwarzanie S.A. (a subsidiary of TAURON Polska Energia S.A., hereinafter: the Ordering Party), on January 11th 2023, decided to send to the consortium members: RAFAKO S.A. and Mostostal Warszawa S.A. and subcontractors E003B7 sp. z o.o. (a subsidiary of RAFAKO S.A.) a request for the payment of contractual penalties and damages (hereinafter: Summons), resulting from the execution of the of the Contract for the construction of new capacities in coal technologies at TAURON Wytwarzanie S.A. - Construction of a power unit with a capacity of 910 MW for supercritical parameters at Jaworzno III Power Plant - Power Plant II - in the scope of: steam boiler, turbine set, main building, electrical part and control and measurement equipment, concluded on April 17, 2014 (hereinafter: the Contract) Mostostal Warszawa A.S. (hereinafter: Mostostal) indicates the following circumstances:

• Mostostal has not received the correspondence referred to in the Current Report indicated above up to the date of publication of this communication.
• Mostostal is a passive member of the Consortium that performed the Contract, and the leader of this Consortium and the actual contractor of the works was and still is exclusively Rafako S.A. Mostostal's share in the Consortium is formally 0.01%. Mostostal did not perform any works, did not provide any services or deliveries.
• Due to the fact that Mostostal was a passive member of the Consortium, it has no knowledge related to the circumstances and reasons for issuing a note for the amount of penalties and damages indicated in the Current Report. Rafako S.A. is the only party entitled to provide explanations regarding these circumstances.
• Rafako S.A. is obliged, in accordance with the consortium agreement concluded in 2014 (before the commencement of design works), to release Mostostal Warszawa S.A. from any obligations related to non-performance or improper performance of the Contract by Rafako S.A.