THIS NON-CIRCUMVENTION AND NON-DISCLOSURE AGREEMENT ENTERED INTO ON THIS Day ______of______________2008. BETWEEN : EXTREME FINANCE AND ___________________________ID NR__________________________
1. CONFIDENTIALITY- We, the undersigned irrevocably covenant and agree not to divulge to a third party any information received in the course of this transaction; in particular the names, addresses, telephone numbers, fax and telex numbers or any other information regarding the source of funds, Banks, Trustees, Agents, Attorneys, funds and borrowers to arrange a contract without your service, now or any time in the future, for the transaction. 2. NON-CIRCUMVENTION- The individual contacts of each party hereto are to be considered proprietary where initial introduction(s) to such contacts is or will be made and/or will be involved. No party herein may circumvent the other(s) in any manner. Similarly, no party may circumvent the other(s) in any manner on any transaction with the contacts introduced by one of the party(ies) to the other, which are either contemplated and/or consummate within the 5 year period from the date of this agreement. 3. BINDING AGREEMENT- This agreement is a binding full recourse commercial agreement and the Parties hereto agree any court of competent jurisdiction upon the parties shall recognize it hereto. All sections shall conform to the International Chamber of Commerce (ICC) Rules and Regulations, latest edition. 4. ARBITRATION- In the event of disputes concerning any aspect of the agreement, including breech of claim, breech thereof with resulting damages to the other(another) Party (ies), remedy shall first be sought by communication between the Parties. If communication fails, the Party (ies) agree to have the matter arbitrated under the rules and laws of the appropriate court of competent jurisdiction and arbitration promulgated by the ICC by arbitrator appointed in accordance with the said rules. The Arbitrator and conciliation shall be carried out in the English Language. Arbitration shall be binding on all parties and any decision rendered in Arbitration may be entered as a judgment in any court of competent jurisdiction. 5. SECURITY- No party may call, facsimile, write, or attempt to communicate in any manner to any source introduced to other parties without the expressed witnessed oral or written permission of the proprietor Party, per paragraph one (1) “Confidentiality” and two (2) “NonCircumvention”. 6. ENTIRE AGREEMENT- This agreement evokes, discharges and supersedes all prior representation including warrantees or agreements,
written or oral, between the parties concerning the subject of these agreements, except as specifically set fourth herein. 7. INDEPENDENT REVIEW- The party(ies) hereto acknowledge and agree that each has been given the opportunity to independently review this agreement with legal council and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provision hereof. In the event of ambiguity in, or dispute regarding the interpretation of it, the interpretation of this agreement shall not be resolved by any rule of interpretation providing interpretation against the Party who causes uncertainty to exist against the draftsmen. 8. HEADINGS- Paragraph headings have been inserted in to this agreement as a matter of convenience only. Such heading are not part of this agreement and shall not be used in the interpretation of this agreement. 9. INDEMNIFICATION- Each Party(ies), hereto, acknowledges that each possess other interest and business and that this association is a nonexclusive association, and only relates to the commerce herein and/or otherwise agreed to by the Parties, in writing. 10. LEGALITY- This agreement shall be binding on and insure to the benefit or the Parties hereto their heirs, administrators, companies, attorneys and assigns.
On behalf of On behalf of
EXTREME FINANCE John Vester
Signed: ................................................. Full Names: John Vester (EXTREME FINANCE) Identity number/ Passport number:
_______________
Signed: ................................................ Full Names: ________________ Identity number / Passport number: ________________
Date : Place :
Date : Place : _______________
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE DATE MENTIONED ABOVE, AND UNDER PENALTY OF PERJURY.