Best and final offer

The undersigned tenderer hereby submits its best and final offer of the following kWh price:

______________ Danish øre per kWh

The price is to be stated in Danish øre-amount to max. 1 decimal place

For electricity produced at the offshore wind farm Kriegers Flak in the Baltic Sea, a premium is granted which is fixed so that the premium and the market price fixed pursuant to section 51(2), no. 1 of the RE Act in combination make up the price per kWh stated above.

The price quoted for 30 TWh (corresponding to 600 MW in 50,000 full-load hours) is a fixed øre-amount (constant in current prices) and will not be indexed.

The tenderer will bear the full commercial risk for the kWh-price offered.

2. Declaration

The undersigned tenderer hereby undertakes to construct and connect to the grid the electric power generating plant Kriegers Flak.

The obligation to construct the electric power generating plant with collection grid and connect it to the grid applies on the terms and conditions set out in the tender material, including Appendix 1 - draft agreement regarding construction and connection to the grid of an electric power generating plant with collection grid, Kriegers Flak Offshore Wind Farm, in the Baltic Sea, and terms and conditions in this offer.

The undersigned furthermore declares that the undersigned has complied with any requirements for repayment of State Aid which the undersigned has received and which, in a previous decision, the European Commission has declared illegal and incompatible with the EU single market.

3. Details about the tenderer

Name of the tenderer/grouping of economic operators:

[state the exact name of the tenderer, and for groupings/consortia, the name of all participants of the grouping/the consortium]

The exact names and CVR numbers (business reg. numbers), or similar, of the tenderer/the grouping/the consortium and all participants:

[state the relevant name(s) and identification number(s) of the tenderer/the grouping]

4. Signature

____________________ on _________________

place date

__________________________________________

Signature of the tenderer Name:

Title:

[In the event that the tenderer is a company that has not yet been established, the founding companies must co-sign the offer, cf. point X of the tender specifications. If so, the text below should be inserted in the best and final offer]

The above tenderer is a company that has not yet been established. The current offer has therefore been co-signed independently by the companies below as founding companies pursuant to point 3 of the tender specifications.

By signing below, the companies listed guarantee the validity of the offer and they guarantee the establishment of the tenderer if the tenderer is awarded a concession under this tendering procedure. If the tenderer has not been established before conclusion of the Concession Agreement, the signing companies moreover guarantee fulfilment of the Concession Agreement.

On behalf of [name of founding company]

____________________ on _________________

place date

__________________________________________

[signed on behalf of founder]

Name:

Title:

On behalf of [name of founding company]

____________________ on _________________

place date

__________________________________________

[signed on behalf of founder]

Name:

Title

Appendix 5.

Draft model pre-investigation licence for the offshore wind farm Kriegers Flak (”pre-investigation licence”)

[Energinet.dk has prepared a draft Environmental Impact Assessment (EIA), an impact assessment for designated international nature reserves and an impact assessment for protected species (Annex IV species). A public consultation on this material and an ESPOO consultation (consultation with neighbouring countries) have been carried out. This model licence has taken into account the EIA process and has been adjusted. After this, in June 2016, the licence was submitted to a

supplementary consultation with the authorities in order to ensure that the terms inserted after the authority consultations and the public consultations of the EIA meet the authorities’ requirements.

Changes may be made to the conditions of the final pre-investigation licence regarding

circumstances which the Danish Energy Agency or other authorities are not aware of at present.]

Contents

1. General terms and conditions 2. Scope of the licence

3. Procedure and requirements in connection with pre-investigations 4. Reporting and processing of data

5. Direct and indirect transfer of licence

6. Compliance with the terms and conditions of the licence 7. Right of appeal

Pursuant to section 22 of the Promotion of Renewable Energy Act (in the following referred to as the RE Act), cf. Consolidating Act no. 1141 of 29 August 2016, the Concessionaire must hold a licence in order to be able to conduct additional investigations to supplement the pre-investigations already conducted by Energinet.dk.

The Danish Energy Agency has been delegated the authority to make decisions regarding this licence, cf. section 3(1), no. 5 of Executive Order no. 436 of 11 May 2012 on the tasks and powers of the Danish Energy Agency.

The Concessionaire should note that the legal basis for a number of terms and conditions for the licence is in legislation and a regulatory foundation under the auspices of other authorities than the Danish Ministry of Energy, Utilities and Climate.

The Danish Energy Agency make reservation for that all relevant legislation etc. that the Concessionaire is obligated to comply with has been mentioned in this licence.

In this context, it should be noted that amendments to current legislation may take place. The Concessionaire should note that it must comply with legislation in force at any time.

Costs incurred as a result of terms and conditions imposed on the basis of legislation in force at any time are of no concern to the Danish Energy Agency.

This licence pursuant to the RE Act is granted on the following terms: