Conclusion of a significant contract

Current report 25/2010 dated 15.11.2010

Legal basis: Article 56 (1) (2) of the Act on Public Offering — current and periodic information

ATM S.A. Management Board hereby informs that in result of a tender to select the contractor for constructing the first server building of the ATM IC complex, the Company signed today a contract with KLK S.A. for constructing the F3 server building. The facility is to be constructed in Warsaw as part of the ATM IC project which includes, among other things, expansion of the ATMAN-Grochowska Telecommunications Center.

Under the contract, the contractor (KLK S.A.) shall pay contractual penalties up to 10% of the total contract value (VAT-inclusive) if the customer (ATM S.A.) withdraws from the contract due to the contractor’s fault. Furthermore, both parties are entitled to claim, under general provisions of law, indemnification in excess of the contractual penalties.

The contract value is PLN 35,247,055.88 plus VAT. The contract is classified as significant because its value exceeds 10% of the Issuer’s equity. The contract includes no provisions deviating from those commonly appearing in similar contracts.

Roman Szwed — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board