Draft agreement regarding obligation to construct and connect to the grid an electricity production plant, Kriegers Flak, in the Baltic Sea
12. Social clause regarding apprenticeships and placements
12.1. As far as possible, the Concessionaire must ensure that a certain number of positions that are relevant to the construction and subsequent operation and maintenance of the Kriegers Flak Offshore Wind Farm "on site" (both offshore and onshore) can be filled with apprentices.
12.2. Apprentices are defined as employees with whom the Concessionaire or its
contractors and suppliers etc. enter into, or have entered into, a training agreement.
The training agreement is to be entered into as part of a course the apprentice follows and must ensure that the apprentice achieves personal, social and professional skills that support the apprentice's training course and provide a basis for employment in the labour market.
12.3. Training courses pursuant to Consolidating Act no. 987 of 16 August 2010 on basic vocational training etc. and pursuant to Act No. 789 of 16 June 2015 on vocational training are deemed to meet the above requirements for a course.
12.4. The Concessionaire or the Concessionaire’s contractors may enter into training contracts for training courses pursuant to other similar training schemes in the EU/EEA, including with apprentices from other EU/EEA Member States, which comply with the above requirements for a training course.
12.5. Unless otherwise agreed with the Danish Energy Agency, by no later than 12 months after signature of this Concession Agreement, the Concessionaire and the Danish Energy Agency shall enter into an agreement on the number of apprenticeship places to be secured in connection with construction and subsequent operation and
maintenance of Kriegers Flak Offshore Wind Farm. By no later than six months after signature of this Concession Agreement, the Concessionaire and the Danish Energy Agency shall have initiated a process for conclusion of an apprenticeship agreement.
[Insert this heading if one or more of the paragraphs below are relevant]
June 2016 40 13. Joint and several liability
[Insert the following text prior to signature of this Concession Agreement if the Concessionaire is a consortium:]
13.1. [Consortia
13.1.1. The Concessionaire is a consortium comprising:
[Insert names of participants in the consortium]
13.1.2. The above participant(s) in the consortium has/have assumed joint and several liability in respect of this Concession Agreement and related licences and authorisations which have been granted or might be granted in future to the Concessionaire. This means that the participants in the consortium shall assume liability in respect of all claims arising out of this Concession Agreement and related licences and authorisations which have been granted or might be granted in future to the Concessionaire. Claims that may be made by third parties, for example arising from pollution or harm to others, are not subject to the requirement for joint and several liability.
Therefore, the Danish Energy Agency may direct the full claim against any participant in the consortium in the event that the Concessionaire breaches this Concession Agreement and/or the terms and conditions of the licences and authorisations mentioned.]
[Insert the following text prior to signature of this Concession Agreement if the Concessionaire is a newly established company, and a tender has been submitted on the behalf of a company not yet established.]
13.2. [Funding companies, where the Concessionaire is a newly established company, and the tender has been submitted on the behalf of a company not yet established.
13.2.1. The Concessionaire is a newly established company, and a tender for this Concession has therefore been submitted by the economic operator(s) below on behalf of the Concessionaire:
[The details of the relevant parties must be provided in accordance with the application]
13.2.2. The above economic operator(s) has/have assumed joint and several liability together with the Concessionaire in respect of this Concession Agreement and related licences and authorisations which have been granted or might be granted in future to the Concessionaire.
This means that this/these other economic operator(s) shall assume liability on an equal basis with the Concessionaire, in respect of all obligations from the Danish Energy Agency arising out of this Concession Agreement and related licences and
June 2016 41 authorisations which have been granted or might be granted in future to the Concessionaire.
Hence, the Danish Energy Agency shall not acquire any rights with regard to
this/these other economic operator(s) which the Danish Energy Agency does not hold with regard to the Concessionaire at any given time.
13.2.3. In order for the joint and several liability of this/these other economic operator(s) to apply, the Concessionaire must therefore have breached this Concession Agreement and/or the terms and conditions of the mentioned licences and authorisations. The Concessionaire must also have failed to remedy the fault within a reasonable deadline set by the Danish Energy Agency.
If the Danish Energy Agency directs claims against this/these other economic operator(s) under this clause, this/these other economic operator(s) have the same rights as the Concessionaire to raise objections about an alleged breach of this Concession Agreement and/or the terms of the licences and authorisations.
13.2.4. If the Danish Energy Agency’s claims against the Concessionaire are covered by a guarantee pursuant to the point 3.1 of the Concession Agreement or by the
guarantees issued pursuant to the licences and authorisations under the Concession Agreement, the joint and several liability of this/these other economic operator(s) shall only apply to the extent – for whatever reason – that payment on demand is not made to the Danish Energy Agency under the applicable guarantee or if the
guarantee is released at the time that the Danish Energy Agency makes its claim.
13.2.5. The joint and several liability of this/these other economic operator(s) shall remain in force until after the expiry of the obligations under this Concession Agreement and/or the mentioned licences and authorisations.
13.2.6. In the event of a dispute between the Danish Energy Agency and this/these other economic operator(s), point 19 on disputes below shall apply. This/these other economic operator(s) have by its/their signature to this Concession Agreement accepted these terms and conditions.]
[Insert the following text prior to signature of this Concession Agreement if the Concessionaire has relied on economic or financial capacity of other entities:]
13.3. [Economic operators on which the Concessionaire has relied in respect of its economic and financial capacity]
13.3.4. In the application to participate in the tendering procedure, the Concessionaire has relied on one or more economic operators which are not a part of the
Concessionaire in respect of its economic and financial capacity.
13.3.5. This/these other economic operator(s) is/are the following:
[The details of the relevant parties must be provided in accordance with the application]
June 2016 42 13.3.6. The above economic operator(s) has/have assumed joint and several liability
together with the Concessionaire in respect of this Concession Agreement and related licences and authorisations which have been granted or might be granted in future to the Concessionaire.
This means that this/these other economic operator(s) shall assume liability on an equal basis with the Concessionaire in respect of all claims from the Danish Energy Agency arising out of this Concession Agreement and related licences and
authorisations which have been granted or might be granted in future to the Concessionaire.
Hence, the Danish Energy Agency shall not acquire any rights with regard to
this/these other economic operator(s) which the Danish Energy Agency does not hold with regard to the Concessionaire at any given time.
13.3.7. In order for the joint and several liability of this/these other economic operator(s) to apply, the Concessionaire must therefore have breached this Concession Agreement and/or the terms and conditions of the licences and authorisations mentioned.
The Concessionaire must also have failed to remedy the breach found within a reasonable deadline decided by the Danish Energy Agency.
This/these other economic operators shall have the same rights as the
Concessionaire to make objections against alleged breaches of this Concession Agreement and/or the terms and conditions of the mentioned licences and authorisation, if the Danish Energy Agency addresses a claim against this/these other economic operator(s) under the present provisions.
13.3.8. If the Danish Energy Agency’s claims against the Concessionaire are covered by the guarantee pursuant to point 3.1 of the Concession Agreement or by the guarantees issued pursuant to licences and authorisations under the Concession Agreement, the joint and several liability of this/these other economic operator(s) shall only apply to the extent – for whatever reason – that payment on demand is not made to the
Danish Energy Agency under the applicable guarantee or if the guarantee is released at the time that the Danish Energy Agency makes its claim.
13.3.9. The joint and several liability of this/these other economic operator(s) shall remain in force until the expiry of the obligations under this Concession Agreement and/or the mentioned licences and authorisations.
13.3.10. In the event of a dispute between the Danish Energy Agency and this/these other economic operator(s), point 19 on disputes below shall apply. This/these other economic operator(s) have by its/their signature to this Concession Agreement accepted these terms and conditions.]
[Insert the following text prior to signature of this Concession Agreement if the Concessionaire has relied on the technical capacity of other entities:]
13.4. [Economic operators on which the Concessionaire has relied in respect of its technical capacity
June 2016 43 13.4.4. In the application to participate in the tendering procedure, the Concessionaire has
relied on one or more economic operators which are not a part of the Concessionaire in respect of its technical capacity (in relation to project
development and managing construction). The Concessionaire does not meet the minimum requirement for technical suitability without this/these other economic operator(s).
13.4.5. This/these other economic operator(s) is/are the following:
[The details of the relevant parties must be provided in accordance with the application]
13.4.6. The above economic operator(s) has/have assumed joint and several liability together with the Concessionaire in respect of this Concession Agreement and related licences and authorisations which have been granted or might be granted in future to the Concessionaire.
This means that this/these other economic operator(s) shall assume liability on an equal basis with the Concessionaire in respect of claims arising in relation to project development and managing construction (but not other obligations such as the decommissioning obligation) pursuant to this Concession Agreement and related licences and authorisations which have been granted, or might be granted in future, to the Concessionaire.
Hence, the Danish Energy Agency shall not acquire any rights with regard to
this/these other economic operator(s) which the Danish Energy Agency does not hold with regard to the Concessionaire at any given time.
13.4.7. In order for the joint and several liability of this/these other economic operator(s) to apply, the Concessionaire must therefore have breached this Concession Agreement and/or the terms and conditions of the above-mentioned licences and authorisations in relation to project development and managing construction. In this respect, this/these other economic operator(s) shall have the same rights as the
Concessionaire to make objections against alleged breaches of this Concession Agreement and/or the terms and conditions of the mentioned licences and
authorisations. The Concessionaire must also have failed to remedy the breach found within a reasonable deadline decided by the Danish Energy Agency.
This/these other economic operator(s) shall have the same rights as the
Concessionaire to make objections against alleged breaches of this Concession Agreement and/or the terms and conditions of the mentioned licences and
authorisations, if the Danish Energy Agency addresses a claim against this/these other economic operator(s) under the present provisions.
13.4.8. If the Danish Energy Agency’s claims against the Concessionaire are covered by the guarantee pursuant to point 3.1 of the Concession Agreement, the joint and several liability of this/these other economic operator(s) shall only apply to the extent – for whatever reason – that payment on demand is not made to the Danish Energy Agency under the applicable guarantee or if the guarantee is released at the time that the Danish Energy Agency makes its claim.
June 2016 44 13.4.9. The joint and several liability of this/these other economic operator(s) shall remain
in force until after the expiry of the obligations for project development and managing construction under this Concession Agreement and/or the licences and authorisations mentioned.
13.4.10. In the event of a dispute between the Danish Energy Agency and this/these other economic operator(s), point 19 on disputes below shall apply. This/these other economic operator(s) has/have by its/their signature to this Concession Agreement accepted these terms and conditions.]