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PUBLIC OFFER AGREEMENT

Public electronic offer on the conclusion of an agreement on the provision of charitable assistance

This offer is addressed to individuals and legal entities and is an official public offer of the Public Fund “Kazakhstan Foundation for Cultural Social and Educational Development” (“Foundation”), located at Almaty, 050.000, st. Tulebaev 142 represented by the chairman, Mrs. Brugarolas Brufau Maria Javier, acting on the basis of the Charter, to conclude an agreement on the provision of charitable assistance on the following conditions.

In accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, the full and unconditional acceptance (acceptance) of the terms of this public offer is considered to be the transfer by an individual or legal entity of any amount of money (in tenge) in the form of charitable assistance to the Foundation’s account, in accordance with and on the basis of this public offer ( “Offer”).

The concepts used in this Offer:

  • Philanthropist – an individual or legal entity who voluntarily and at the expense of his own funds, free from the rights of third parties, decided to accept this Offer and provide charitable assistance in favor of the Foundation;
  • Charitable assistance – any amount of money (in tenge) that the Benefactor transferred to the Fund, in accordance with and on the basis of this Offer;
  • Bank account – the current bank account of the Foundation, the details of which must be used when rendering Charitable assistance by the Benefactor in favor of the Foundation, and which are given in clause 3.1 of this Offer.
  1. Status and objectives of the Foundation

1.1. The status and objectives of the Foundation according to the Charter:

1.1.1. The Fund was created and operates on the basis of the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Non-Commercial Organizations” and other regulatory legal acts, as well as in accordance with its Charter. The Foundation operates on the principles of self-government, voluntariness and publicity.

1.1.2. The Foundation is a non-profit organization operating in the social sphere, established on the basis of voluntary property contributions from the founders and pursuing the goals specified in its Charter. The foundation has no purpose to carry out commercial activities for the purpose of generating income and (or) distributing profits in favor of its founders.

1.1.3. All proceeds from the activities of the Foundation are directed to achieve the goals established in its Charter, namely, the achievement of cultural, social, scientific, charitable goals, assistance to vulnerable citizens, health protection, the environment, the development of physical culture and sports, as well as other goals, aimed at providing social and charitable assistance.

1.1.4. The purpose of the Foundation is to provide financial and other charitable assistance for the implementation of various projects and initiatives that contribute to the promotion and development of social, scientific, research, educational, cultural and sports activities.

1.1.5. The task of the Foundation is to create conditions for the development of creative, spiritual and physical capabilities of vulnerable groups of the population, to form solid foundations of morality and a healthy lifestyle, enrichment of intellectual potential by creating conditions for the development of various social skills.

  1. Subject

2.1. The philanthropist personally and gratuitously transfers to the Foundation the money free from the rights of third parties into ownership by transferring them to the Bank account of the Fund, using its details, in accordance with paragraph 3 of the Offer as Charitable assistance, and the Foundation undertakes to spend it strictly in accordance with the goals and objectives specified in the Charter of the Foundation.

2.2. Charitable assistance is considered provided from the moment the money is received in the Foundation’s Bank account, and the Foundation’s obligations are fulfilled from the moment the charitable assistance is fully utilized for the purposes provided for in the Fund’s Charter.

  1. The procedure and conditions for the provision of charitable assistance

3.1. The philanthropist transfers charitable assistance exclusively in tenge to the Bank account of the Fund, the details of which are given below:

Recipient (beneficiary): Public Foundation “Kazakhstan Fund for Cultural Social and Educational Development”

BIN: 991 240 007 135

Account: KZ186017131000058248

Beneficiary’s bank: Halyk Bank of Kazakhstan JSC

BIC: HSBKKZKX

KBE 18

KNP 119

3.2. The philanthropist in the purpose of the payment indicates “transfer of charitable assistance under a charitable assistance agreement”.

3.3. Transfer of the Charitable Aid by the Benefactor to the Bank account of the Foundation will be deemed acceptance of this Offer.

3.4. The funds are considered transferred to the Foundation from the moment they are credited to the Bank account of the Fund.

  1. Dispute Resolution

4.1. All disputes and disagreements that may arise between the Parties on issues that are not reflected in the text of this Offer will be resolved by the parties through negotiations.

4.2. If the disputes are not settled in the negotiation process, all disputes are resolved in the manner prescribed by the current legislation of the Republic of Kazakhstan.

  1. Final provisions

5.1. The agreement is considered concluded at the moment when the Charitable Donation of the Benefactor arrives at the Bank account of the Foundation (acceptance of this Offer).

5.2. The philanthropist has no right to demand the return of the Charitable Aid amount transferred to the Bank account of the Foundation.

5.3. The Foundation has the right at any time to refuse Charitable assistance without explaining the reasons by returning the money received to the Fund’s account to the Benefactor.

5.4. In everything else that is not provided for by this Offer, the parties are guided by the current legislation of the Republic of Kazakhstan.

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