Plot 231 Trans-Amadi Industrial Layouts, By Iyomuna Drive,

Off Ordinance Port Harcourt, Rivers State,

Klartek@Gmail.Com

Appendix 3

CONFIDENTIALITY AGREEMENT

Heirs Energies Limited

Plot 107B, Ajose Adeogun,
Victoria Island,
Lagos,
Nigeria

For the attention of: The Secretary, Tender Board

Dear Sir/Madam,

TENDER NO: HHOG-PHC-ENG-2022-060

TENDER TITLE: PROVISION OF FACILITIES (MECHANICAL MODIFICATION AND UPGRADE
WORKS IN OML-17)

We are aware that certain information will be disclosed to us by Heirs Energies Limited
(hereinafter referred to as “COMPANY”), as a part of or in relation to the subject Work
(hereinafter referred to as “Information”). We (hereinafter referred to as
“CONTRACTOR”) our suppliers and sub-contractors and the employees of all the
foregoing hereby obligate ourselves to COMPANY as follows:

a. Any and all know-how, data, process details, designs, drawings, tracings, bills
of material, specifications, and any other technical information and any
business information of any type whatsoever, whether or not characterised
as secret or confidential (hereinafter collectively referred to as the
“Information”) obtained in relation to the Work, by written or oral
communication or by drawings, process reports or otherwise by
CONTRACTOR from COMPANY or from its authorised representatives or any
licensors or customers shall be deemed to be COMPANY’s intellectual and
proprietary property and CONTRACTOR shall treat same in strict confidence.
CONTRACTOR shall not use such Information for any purpose other than that
for which it was disclosed to CONTRACTOR in relation to the Work. All such
provided Information shall not be revealed and/or given to third parties
except with COMPANY’s prior written consent.

b. CONTRACTOR will make Information available only to those of its employees

having a specifically identified need to know Information for the preparation
of the tender or subsequent performance of the Work under the subject
Contract. CONTRACTOR will require that such employees agree to abide by
the confidentiality obligations as detailed herein.
 Plot 231 Trans-Amadi Industrial Layouts, By Iyomuna Drive,
Off Ordinance Port Harcourt, Rivers State,
Klartek@Gmail.Com

c. CONTRACTOR may disclose, under these same conditions of confidentiality,

Information to suppliers and subcontractors only to the extent necessary for
the preparation of the tender or subsequent performance of the Work under
the subject Contract.

This obligation of confidentiality shall not apply if and to the extent that such
Information:

(i) is in the public domain at the time of disclosure by COMPANY or its

authorised representatives; or
(ii) after such disclosure becomes part of the public domain by publication
or otherwise other than by the CONTRACTOR; or,
(iii) is lawfully in CONTRACTOR’S possession prior to such disclosure, as
shown in written records, or,
(iv) is lawfully obtained by CONTRACTOR from other sources who are not
under obligation by COMPANY.

Except as required for and to the extent necessary in carrying out its involvement
in the Work, CONTRACTOR shall not divulge that COMPANY or its authorised
representatives or any licensors or customers are the source of any Information
obtained by CONTRACTOR. If requested by COMPANY, CONTRACTOR hereby
confirms that it will sign any additional confidentiality agreement, as required by
COMPANY.

For Tenderer: KLARTEK NIGERIA LIMITED

Signature:
Name: EBENEZER ANOSIKE NZEOCHA
Position: MANAGING DIRECTOR
Date:25/02/2024