NON-CIRCUMVENTION &

NON-DISCLOSURE AGREEMENT
WHEREAS the undersigned are evaluating certain proposals in relation to the sale and purchase of both river
and sea sand which are of mutual interest and wish to enter into this agreement to define certain parameters of
their future legal obligations, and agree to be bound by a duty of confidentiality with respect to their sources and
contacts.

WHEREAS the undersigned have or will have discussions or disclose to each other technical and commercial
information relating to proposals of mutual interest and benefit to the parties hereto, including their affiliates,
subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (herein
after referred to as “affiliates”).

NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good
and valuable consideration, the receipt whereof is hereby acknowledged, the parties hereby agree as follows:

AGREEMENT AS TO TERMS AND CONDITIONS:

1. In consideration of each party agreeing to continue discussions with the other with respect to proposals
of mutual interest and benefit, each party (the “Receiving Party”) shall keep all Information received
from the other party (the “Disclosing Party”) in whatever form as strictly confidential and shall not
disclose it to any third party (including but not limited to the holding companies, subsidiaries or
affiliates of the parties hereto) without the prior written permission of the Disclosing Party or unless
such third party has signed a confidentiality agreement with the Receiving Party on the same or
substantially similar terms and conditions as this agreement.

2. The Receiving Party acknowledges the proprietary interest of the Disclosing Party in the Information
and the Receiving Party agrees not to use the Information for any purpose other than the making of a
decision whether or not to participate in any formal or informal agreement or arrangement with the
Disclosing Party concerning the proposal (the “Purpose”). The Receiving Party further agrees not to
copy all or part of the Information without the prior written permission of the Disclosing Party except
as is reasonably necessary for the Purpose.

3. The Receiving Party shall restrict access to Information received from the Disclosing Party and the
existence of the Purpose to those of its employees and advisers (including legal and accounting
advisers) to whom such access is necessary for carrying out the Purpose.

4. The foregoing obligations shall not apply to any Information which:

4.1. Is in the public domain at the time of disclosure or later becomes part of the public domain through no
fault of the Receiving Party; or

4.2. Was known to the Receiving Party prior to disclosure by the Disclosing Party as proven by the written
records of the Receiving Party; or

4.3. Is disclosed to the Receiving Party by a third party who did not obtain such information, directly or
indirectly, from the Disclosing Party; or

4.4. Is required to be disclosed by law, or in connection with legal proceedings affecting the Disclosing
Party;

4.5. Was independently developed (by personnel having no access to the Information) by the Receiving
Party.

5. The Disclosing Party makes no representations or warranties as to the accuracy or completeness of the
Information and disclosures and excludes all liability for all claims, expenses, losses, damages and
costs the Receiving Party may incur as a result of the Information being inaccurate or incomplete in
any way.

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 6. The Receiving Party must return the Information (and all copies) to the Disclosing Party on demand.

7. Neither the parties nor their affiliates will disclose names, addresses, email address, telephone and
facsimiles or telex numbers to any contacts by either party to third parties and they each recognize such
contacts are the exclusive property of the respective parties and that they will not enter into any direct
negotiations or transactions with such contacts revealed by the other party and they further undertake
not to enter into business transaction with banks, investors, sources of funds or other bodies, the names
of which have been provided by one of the parties to this agreement pursuant to this agreement, unless
written permission has been obtained from the other party(ies) to do so. The parties also undertake not
to make use of a third party to circumvent this clause or the provisions hereof.

8. Neither the parties nor their affiliates will in any manner, solicit, nor accept any business in any manner
from sources or their affiliates, which sources were made available through this agreement, without the
express permission of the party who made available the source.

9. In the event of circumvention of this agreement by either party or their affiliates, directly or indirectly,
the circumvented party shall be entitled to recover damages from the party in breach together with any
and all expenses, including but not limited to all legal costs and expenses incurred in recovering such
compensation.

10. This agreement shall be governed by the enforceable law in Australian courts, Canadian courts, USA
courts, English courts, French courts, Singapore courts or under Swiss laws in Zurich, and in the event
of dispute, the arbitration laws of Singapore will apply. All disputes arising out of or in connection
with this Agreement shall be finally settled under the rules of arbitration of the ‘International
Chamber of Commerce (ICC)’ by one or more Arbitrators appointed in accordance with said rules.
All such arbitration awards shall be binding on all Parties and enforceable at law. Such arbitration
shall be conducted in such place as the parties may agree and in the absence of agreement shall be in
Singapore, undertaken by the Singapore International Arbitration Centre (or its successor).

11. The signing parties hereby accept such selected jurisdictions as the exclusive venues.

12. The duration of this agreement shall be for a period of ten (10) years from the date hereof.

13. All faxed and/or e-mailed signatures shall be considered as original signatures for the purpose of
binding all parties to this agreement. This document may be signed in any number of counterparts all
of which shall be taken together and shall constitute as being one and the same instrument.

14. Any party may enter into this document and the agreement constituted thereby by signing any
counterpart at any time, date or period mentioned in any provision.

15. This document shall only be amended by agreement in writing and signed by all parties concerned.

16. All signatories hereto acknowledge that they have read the foregoing agreement and by their initials
and signatures certify that they have full and complete authority to execute the document for and in the
name of the party for which they have given their signatures.

FIRST PARTY (Including, for and on behalf of all associates)

Name:

Signature:

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Date:

Signatory’s Full Name:

Passport number:

Signatory Position:

Email Address:

Company Name:

Registered Address:

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SECOND PARTY (Including, for and on behalf of all associates)

Name:

Signature:

Date:

Signatory’s Full Name:

Passport number:

Signatory Position:

Email Address:

Company Name:

Registered Address:

THIRD PARTY (Including, for and on behalf of all associates)

Name:

Signature:

Date:

Signatory’s Full Name:

Passport number:

Signatory Position:

Email Address:

Company Name:

Registered Address:

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FORTH PARTY (Including, for and on behalf of all associates)

Name:

Signature:

Date:

Signatory’s Full Name:

Passport number:

Signatory Position:

Email Address:

Company Name:

Registered Address:

FIFTH PARTY (Including, for and on behalf of all associates)

Name:

Signature:

Date:

Signatory’s Full Name:

Passport number:

Signatory Position:

Email Address:

Company Name:

Registered Address: