technical capacity will be based on a specific assessment carried out at the time of the request for a change. Concessionaire’s To the extent necessary, the Danish Energy Agency consents to the transfer of the electricity production authorisation pursuant to section 10 of the Electricity Supply Act, cf. section 53 of the Electricity Supply Act, if the electricity production authorisation has been issued at the time of the request for change. The Danish Energy Agency is entitled to request of the Concessionaire any other documentation which the Danish Energy Agency finds relevant for its assessment of the requested change. However, regardless of the above, the Concessionaire is entitled to remove, replace or admit new members of the consortium as stipulated in clauses 17.7 following a written consent from the Danish Energy Agency. Allowed changes(exit or replacement): Exit of consortium participants The Concessionaire is entitled to allow consortium participants to exit the consortium if the role of the relevant consortium participant in the best and final offer was limited to a specific phase of the project (e.g. the construction phase). The consent from the Danish Energy Agency to the exit of a consortium participant requires that all obligations of the Concessionaire in relation to this phase be fulfilled in accordance with the Concession Agreement (for example, a consortium participant whose participation only relates to the construction phase will not be able to exit the consortium until the offshore wind farm has been constructed and all turbines have been connected to the grid in accordance with this Concession Agreement). Replacement of consortium participants The Concessionaire is entitled to replace a consortium participant (an original participant) if the replacement is part of a total or partial succession as a consequence of reorganisation of the original participant (e.g. a merger). To the extent that an original participant does not exit as part of the reorganisation, such replacement shall not influence the liabilities and obligations of the original participant to the Danish Energy Agency according to this Concession Agreement. Thus, the original participant shall still have joint and several liability to the Danish Energy Agency for any claim arising from conditions originating from before the date of the replacement. In the event of partial succession (e.g. demerger, in which the Concession Agreement is transferred to another legal entity without the original participant exiting the consortium) the new consortium participant shall assume joint and several liability with the original participant to the Danish Energy Agency for
technical capacity will be based on a specific assessment carried out at the time of the Concessionaire’s request for a change. To the extent necessary, the Danish Energy Agency consents to the transfer of the electricity production authorisation pursuant to section 10 of the Electricity Supply Act, cf. section 53 of the Electricity Supply Act, if the electricity production authorisation has been issued at the time of the request for change. The Danish Energy Agency is entitled to request of the Concessionaire any other documentation which the Danish Energy Agency finds relevant for its assessment of the requested change. However, regardless of the above, the Concessionaire is entitled to remove, replace or admit new members of the consortium as stipulated in clauses following a written consent from the Danish Energy Agency. Allowed changes(exit or replacement): Exit of consortium participants The Concessionaire is entitled to allow consortium participants to exit the consortium if the role of the relevant consortium participant in the best and final offer was limited to a specific phase of the project (e.g. the construction phase). The consent from the Danish Energy Agency to the exit of a consortium participant requires that all obligations of the Concessionaire in relation to this phase be fulfilled in accordance with the Concession Agreement (for example, a consortium participant whose participation only relates to the construction phase will not be able to exit the consortium until the offshore wind farm has been constructed and all turbines have been connected to the grid in accordance with this Concession Agreement). Replacement of consortium participants The Concessionaire is entitled to replace a consortium participant (an original participant) if the replacement is part of a total or partial succession as a consequence of reorganisation of the original participant (e.g. a merger). To the extent that an original participant does not exit as part of the reorganisation, such replacement shall not influence the liabilities and obligations of the original participant to the Danish Energy Agency according to this Concession Agreement. Thus, the original participant shall still have joint and several liability to the Danish Energy Agency for any claim arising from conditions originating from before the date of the replacement. In the event of partial succession (e.g. demerger, in which the Concession Agreement is transferred to another legal entity without the original participant exiting the consortium) the new consortium participant shall assume joint and several liability with the original participant to the Danish Energy Agency for 17.7