5.

ARTICLE 5 - TRANSFER OF THE “AGREEMENT” AND SUBCONTRACTING

5.1. Transfer of the “AGREEMENT”

The “CONTRACTOR” is not authorized to transfer the “AGREEMENT” or a part of it or any resulting
profit or interest to a third party, unless it is granted explicitly in writing by the “PRINCIPAL”.

5.2. Subcontracting
The “CONTRACTOR” is authorized to have a part of the “WORKS” executed by “SUBCONTRACTORS”.

In any case, the “CONTRACTOR” requires prior written consent of the “PRINCIPAL”, with respect to
the identity of the “SUBCONTRACTORS” and the kind and the extent of the “WORKS” that will be
subcontracted.

In case of refusal, the “PRINCIPAL” will communicate his refusal, well-motivated and reasonable,
within 15 “WORKING DAYS” after receipt of the written request for a “SUBCONTRACTOR”.

Any other period can still be arranged after mutual and written consent.

The “CONTRACTOR” is fully responsible for full performance of the “AGREEMENT” by his personnel,
agents, “SUBCONTRACTORS” and their subcontractors, agents or personnel towards the
“PRINCIPAL”.

He shall give them, amongst others, all the necessary instructions concerning the “CONSTRUCTION
SITE”, the “GENERAL SITE REGULATIONS” and the safety instructions for “CONTRACTORS” and
their subcontractors, agents or personnel.

The “CONTRACTOR”, neither any of his personnel, agents or “SUBCONTRACTORS” (or their
subcontractors, agents of personnel) are authorized to act in the name or on behalf of the
“PRINCIPAL” or to engage or bind the “PRINCIPAL” without his explicit prior authorization.

6. ARTICLE 6 - REPRESENTATIVE OF THE “PRINCIPAL” AND REPRESENTATIVE

OF THE “CONTRACTOR”

6.1.

Both the “PRINCIPAL” and the “CONTRACTOR” appoint a legal representative who, during the
execution of the “AGREEMENT”, shall have the power to commit respectively the “PRINCIPAL” and
the “CONTRACTOR” in order to take important decisions quickly and efficiently, in accordance with
the stipulations of the “AGREEMENT”.

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6.2.

The “PRINCIPAL” hereby appoints Ysrael Duardo Urday of Peru Technology Green as their
“REPRESENTATIVE”.

6.3.

The “CONTRACTOR” hereby appoints A.M.A van Sommeren CMTS Van Sommeren International B.V.
The Netherlands as their “REPRESENTATIVE”.

6.4.

If during the execution of the “AGREEMENT” any of the parties appoint another “REPRESENTATIVE”
instead of the existing one, then this appointment will only be effective from the day the other
party receives the notification about the substitute “REPRESENTATIVE” by registered mail or by
receipt signed by his “REPRESENTATIVE”.

7. ARTICLE 7 - DESIGNS, DRAWINGS AND SPECIFICATIONS

By signing the “AGREEMENT” the “CONTRACTOR” agrees with all the specifications mentioned in
the “APPENDICES” to the “AGREEMENT”.

He cannot appeal to the fact that the “APPENDICES” were formulated by or in cooperation with the
“PRINCIPAL”, to be relieved from his obligations and / or guarantees as agreed in the
“AGREEMENT”.

If these specifications were nuanced and / or more detailed during the execution of the “WORKS”
or ,in conformity with Article 7.2.2. of the “AGREEMENT” were modified on request of the
“PRINCIPAL”, the “CONTRACTOR” has the obligation and the right to indicate in due time, how and
to what extent his obligations and guarantees would be affected.

The involvement and / or approval of the “PRINCIPAL” will not relieve the “CONTRACTOR” from his
responsibility and liability with regard to the entire and timely performance of the “AGREEMENT”
unless the “CONTRACTOR” has, beforehand, explicitly conditioned and motivated, in writing, the
consequences of the remarks or instructions of the “PRINCIPAL” being followed.

7.1. Procedure to submit documents for information by the “CONTRACTOR” to the

“PRINCIPAL”

The “CONTRACTOR” commits himself to submit in due time and in a continuous and appropriate
way, all documents, as mentioned in the “TECHNICAL PART” (“APPENDIX” 1), as well as documents
that enable the “PRINCIPAL” to follow up the “WORKS”.

This reporting duty of the “CONTRACTOR” is for information purpose only.

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7.2. Procedure to submit documents for approval by the “CONTRACTOR” to the
“PRINCIPAL”

7.2.1. In general

The “CONTRACTOR” shall, in due time, all documents for approval, as mentioned in the “TECHNICAL
PART” (“APPENDIX” 1).

7.2.2. Procedure

The “PRINCIPAL” commits himself to give his approval (or disapproval) to the documents presented
by the “CONTRACTOR” within 10 “WORKING DAYS” after receipt of the documents.

A different period can still be mutually agreed upon, to be confirmed in writing.

The “CONTRACTOR” shall deliver the documents referred to in Article 7.1. of the “AGREEMENT”, in
due time, to the “REPRESENTATIVE” of the “PRINCIPAL” and will supervise their quality in order
the approval to be given in due time.

In case the “CONTRACTOR” should not have received from the “PRINCIPAL” an approval or
disapproval within the above mentioned period, the “CONTRACTOR” shall send a reminder in
writing.

If the “PRINCIPAL” fails to approve or disapprove, within three “WORKING DAYS”, then the relevant
document(s) will be considered automatically and definitively approved.

The “CONTRACTOR” shall supervise that no documents are prematurely presented for approval.

Any approval given by the “PRINCIPAL” with respect to the “AGREEMENT” will be definitive. No
deviation from this submitted, approved document will be allowed under any circumstances unless
accepted and agreed in writing by the “CONTRACTOR” and the “PRINCIPAL”.

Each document is to be signed by both the “REPRESENTATIVE” of the “CONTRACTOR” and the
“PRINCIPAL”.

In case of disapproval by the “PRINCIPAL”, the “CONTRACTOR” shall hand in his remarks and
suggested solution to the “PRINCIPAL” within 10 “WORKING DAYS”:

1. if the problem is merely technical and in no relation to the concept of the “INSTALLATION”,
the “CONTRACTOR” himself will decide on acceptance of the remarks of the “PRINCIPAL”,
as long as the safety is secured and the “CONTRACTOR” can provide proof / evidence that
the proposed solution is state of the art and will perform in the proposed set-up,

2. if the problem is related to the concept of the “INSTALLATION”, then the instructions of
the “PRINCIPAL” will have to be strictly followed.

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