Letter of Agreement Investor by xhr13167

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									                             Confidentiality Letter Agreement


To:    Privatisation Agency of Kosovo, 8 Ilir Konuschevci, Pristina, Kosovo



Complete items below

Newco(s) in which interested (“Newco”):…………………..

Enterprise(s) (“Enterprise”)…………………….

Contact Details

Potential Investor (either person’s name or name of legal entity) (“Potential
Investor”):…………………….

Person representing Potential Investor (if legal entity)……………………….

Address: ……………….

Fixed Telephone:………………….

Mobile…………….

Fax:…………….

E-mail:……………….



Dear Sirs,

We have expressed interest in the possible acquisition by us of the Newco(s), to which certain
assets and obligations of the Enterprise(s) will be transferred. We understand that the
Privatisation Agency of Kosovo (“PAK”), in its administrative capacity for socially-owned
enterprises, controls the due diligence process.

1.     In consideration of the PAK agreeing to provide and/or procure the provision of oral
       and/or written information to us or our advisors in respect of the Enterprise (together
       the “Information”) we hereby acknowledge and undertake that:


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     (a)    that the Enterprise is the owner of the Information and all rights and interests
            thereto and the Information remains the property of the Enterprise and under
            no circumstances does access to the Information grant any express or implied
            right to the Potential Investor to use the Information beyond the scope of
            evaluating the potential acquisition of the Newco;

     (b)    any Information that has been or may be furnished by PAK, the Enterprise or
            on behalf of the PAK or the Enterprise to us or our advisers will be kept
            strictly confidential and shall not be copied, supplied or made available to any
            person other than as permitted by sub-paragraph (c) below;

     (c)    we will provide the Information only to responsible officers, employees and
            our advisers engaged in work concerning the potential acquisition of the
            Newco, all of whom shall be informed by us of this letter agreement and shall
            agree to be bound by the terms hereof), for the exclusive purpose of evaluation
            such potential acquisition; and

     (d)    we shall not without PAK’s prior written consent directly or indirectly
            approach or contact any employee or officer of the Enterprise and our advisers
            and employees will be instructed accordingly;

     (e)    we shall notify the PAK immediately upon discovery of any unauthorised use
            or disclosure of the Information or any other breach of this letter agreement
            and will cooperate with the PAK and the Enterprise in any reasonable way to
            help the PAK and the Enterprise regain possession of the Information and
            prevent its continued unauthorized disclosure and use.


2.   We acknowledge that none of the Information is warranted as to its accuracy,
     completeness or otherwise.

3.   Without prejudice to any other rights or remedies that PAK or the Enterprise may
     have, we acknowledge and agree that damages would not be an adequate remedy for
     breach by us of this letter agreement, and the PAK and the Enterprise shall be entitled
     to the remedies of injunction, specific performance and equitable relief, for any
     threatened or actual breach of its provisions and no proof of special damages shall be
     necessary for its enforcement. No delay by the PAK or the Enterprise in exercising
     any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any
     single or partial exercise thereof preclude any further exercise thereof.

4.   This letter agreement shall be governed by and construed in all respects in accordance
     with the laws of Kosovo.

5.   The obligations set out in this letter agreement shall remain in force for a period of
     three (3) years following the conclusion of the privatisation tender process for the
     Enterprise.




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6.      Privacy/data protection
        The Contact Details above and any others you provide to the PAK, together with
        other basic details about your interest in investing in Kosovo, will be kept on a
        database by the PAK and may be available to the PAK, its successors and to similar
        government bodies working on investment in Kosovo. We/they may use them to
        contact you in the future about issues relating to investment in Kosovo. If you wish to
        change or update your details or do not wish to be contacted please email: sales@pak-
        ks.org




Yours faithfully

Name:


___________________________

Duly authorised for and on behalf of
Potential Investor

Date: __/__/__.


Accepted and agreed


___________________________

Duly authorised for and on behalf of
Privatisation Agency of Kosovo


Date: __/__/__.




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