You are on page 1of 4

NON-CIRCUMVENTION, NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

THIS AGREEMENT is entered into on this 20th day of October, 2016, between M/s
System Integrations Services (referred to as “SISCO”) with their office address at Hyderabad, India
MIG -55 A.P.I.I.C Moula - Ali Hyderabad -40, India and represented exclusively by Mr. SESHA SIVA
SRIDHAR PAMULAPATI, Indian Citizen with Passport Number Z1922785 (Attachment A) and resident
of Kuwait with Civil ID Number 274081504179 (Attachment B), (hereinafter referred to as “First Party”),
and

M/s ELM Wataniya General Trading & Contracting Company WLL, P.O. Box 23264 Mirqab 13093
(referred to as “ELM”) and represented exclusively by Mr. Amit Kumar Chaddha, Australian Citizen with
Passport Number E4101529 (Attachment C) and resident of Kuwait with Civil ID Number
277021509473 (hereinafter referred to as “Second Party”).

Both the First Party and Second Party being referred to individually as the “Party” and collectively as
the “Parties”.

Preamble

The Parties desire to exchange certain confidential information and documents about their business,
business contacts, potential business projects and related matters, including but not limited to such
technical, operational, financial and other proprietary information as each party determines, in its sole
discretion, is reasonably necessary or desirable to disclose for the purposes of negotiating and
arranging a potential business relationship (the “Transaction”). The Parties agree as follows:

Article 1

The above mentioned Preamble is an integral part of this agreement.

Article 2

The First Party confirms that they have a competent funder(s) / provider(s) who is genuinely in the
business of lending clean funds from reliable sources and that First Party has done sufficient due
diligence to satisfy themselves of the genuineness of the said funder/provider.

Similarly the Second Party confirm that they have done the requisite due diligence on the Receiver, that
they have a genuine requirement of funds from the funder/provider to be invested in the opportunities in
the State of Kuwait.

Both parties further agree that they are going to be dealing with the authorized representatives of the
funder and receiver companies.

Article 3

The Parties hereby agree to respect the integrity and tangible value of this agreement between them.

1
Article 4

THIS AGREEMENT has been made for five (5) years from the date of execution and is to be applied to
any and all transactions present and future, of the introducing party, including subsequent follow-up,
repeat, extended, renegotiated, and new transactions regardless of the success of the project.

Article 5

Because of THIS AGREEMENT, the Parties involved in this transaction may learn from one another, or
from principals, the names and telephone numbers, email addresses of investors, borrowers, lenders,
agents, brokers, consultants, banks, lending corporations, individuals and/or trusts, or buyers and
sellers hereinafter called “Contacts” . The Parties hereby acknowledge, accept and agree that the
identities of the contacts will be recognized by the other Party as exclusive and valuable to the
introducing Party and will remain so for the duration of this agreement.

Article 6

The Parties agree to keep confidential details and information related to any contacts introduced or
revealed to the other party, and that their firm, company, associates, corporations, joint ventures,
partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants will
not contact, deal with, negotiate or participate in any transactions with any of the contacts without first
entering a written agreement with the Party who provided such contact unless that Party gives prior
written permission. Such confidentiality will include any names, addresses, telephone, mobile
numbers, Whatsapp numbers, telex, email address, facsimile numbers, and/or other pertinent
information disclosed or revealed to either Party.

Article 7

The Parties agree not to disclose, reveal or make use of any information during discussion or
observation regarding methods, concepts, ideas, product/services, or proposed new products or
services, nor to do business with any of the revealed contacts without the written consent of the
introducing party or parties.

Article 8

The Parties will sign a separate Fee Payment Agreement (FPA) on every deal outlining compensation
payable by the Second Party to the First Party for Business/Financial Transactions arranged / facilitated
by the First Party between the companies introduced by it and the Second Party, only if Second Party
receives such commission from their client.

Article 9

In case of circumvention, the Parties agree and guarantee that they will pay a legal monetary penalty
that is equal to the commission or fee the circumvented party that should have realized in such
transactions, by the person(s) engaged on the circumvention for each occurrence to the damaged
party. If either party commences legal proceedings to interpret or enforce the terms of THIS
AGREEMENT, the prevailing Party will be entitled to recover court costs and reasonable attorney fees.

2
Article 10

The Parties will construe THIS AGREEMENT in accordance with the laws of the State of Kuwait. If
any provision of this agreement is found to be void by any court of competent jurisdiction, the remaining
provisions will remain in force and effect.

Article 11

THIS AGREEMENT contains the entire understanding between the Parties and any waiver,
amendment or modification to THIS AGREEMENT will be subject to the above conditions and must be
attached hereto.

Article 12

This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective
successors and assigns.

Article 13

Two (2) copies of this Agreement are signed in original, one for each party.

The Parties have read and agreed to this agreement which is signed in the State of Kuwait.

On behalf of First Party On behalf of Second Party

________________________ ____________________________

1. Mr. SESHA SIVA SRIDHAR PAMULAPATI 1. Mr. Amit Kumar Chaddha

Date: Date:

3
Attachment A (Passport Copy)

Attachment B (Kuwait Civil ID Copy)

Attachment C (Australian Passport)

Attachment D (Kuwait Civil ID Copy)

You might also like