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XVPillars has spent many years in putting together agreements with mining companies and logistic resources that allow us to provide exceptional value to our customers. Here is the process that we follow to best meet our customer’s needs and to protect our resources and suppliers: • XVPillars receives the requirements from your organization for the coal that the end-buyer is requesting. We need details up front that allow us to determine if we, along with our suppliers, are able to meet your needs. We need at least the following information: o How many metric tons of coal requested per month o For how many months o Destination (FOB mine, FOB US Port, CIF at what foreign port) o Coal Requirements – BTU, KCAL, % sulphur, % ash, % moisture and any rejection limits o Any other requirements XVPillars will immediately give confirmation if we are able to meet those requirements from one or several of our numerous coal suppliers. XVPillars provides you with a NCNDA that protects both parties. We do not have time to provide quotes on projects where all the required information is not provided. Please provide as much information on your organization that allows XVPillars, LLC to properly vet your company. If you are registered as a business in the USA, please provide full address, what state you are registered in, web address – any information that allows XVPillars to verify you and your organization.
• Once XVPillars receives the executed NCNDA, your organization should be prepared to provide end-buyer identity and information. Information needed includes end-buyer website (or registered address and contact information if website is not available), and a CLEAR understanding of relationship with end-buyer. If more than one Broker is involved, we need to have the identity and contact of everyone involved and know exactly who is direct with the end-buyer. (A NCNDA is required of all brokers.) • Once the NCNDA is signed with all brokers, XVPillars will perform our vetting of the end-buyer. We require that brokers do as much of the vetting as possible. This can significantly shorten the time to complete this process. • XVPillars will require a NCNDA to be executed with the end-buyer and require the right to contact the end-buyer directly (always inviting the most direct broker to be copied on all communications or to be on conference calls if desired.) • XVPillars will prepare a Soft Corporate Offer (SCO) to the end-buyer (copying the most direct broker.)
• XVPillars will require a LOI/ICPO from the end buyer. • Once the LOI has been received. . Should you have any questions on this process please send an email to rstoker@xvpillars. XVPillars provides a draft copy of the contract and work with end-buyer to move to final contract agreement.com or call 888-977-9950.
business volumes or usage. circumvent or attempt to circumvent. and proposed products and services. phone numbers. client and or equity partner of the disclosing party. lender. and the subject matter of this Agreement. other proprietary data. employees. technical and non-technical information and all information related to the party’s current. avoid. affiliates. intervene in the pre-established relationships of the other party.XVPILLARS. successors. including. or initiate a buy/sell relationship or transactional relationship that bypasses the other party in connection with any ongoing and future transaction or project. AGREEMENT NOT TO DISCLOSE OR CIRCUMVENT Seller and Agent hereby legally and irrevocably guarantee to each other that they shall not directly or indirectly interfere with. pricing information. NOW. trust. future. this Agreement made and entered into on this date shall obligate both Parties and their partners. broker. fax numbers. directly or indirectly. all proprietary information. representatives. and/or a strategic business relationship. and x x x (x x x x . information concerning business plans or business strategy. All entities previously identified in this paragraph shall be collectively referred to hereinafter as the “Parties. LLC Non-Disclosure/Non-Circumvention Agreement This Mutual Non-Disclosure/Non-Circumvention Agreement (the “Agreement”) is entered into as of the DATE (the “Effective Date”) by and between XVPillars. UT. terms and conditions contained herein: Definition Whether written or in machine readable form. 84070. neither Party shall attempt to avoid. by-pass or obviate each other's interest with Seller's Suppliers. data on marketing programs. without limitation. nominees and assigns to the mutual promises. parent companies. Specifically. financial information. LLC (hereinafter referred to as Seller) with a principal place of business at 9350 South 150 East. payments of established or to-be established fees nor commissions. LLC Intellectual Rights Reserved Page 1/3 . proposals. Sandy. hereinafter referred to as Agent) with a principal place of business at x x x . the Parties desire to exchange confidential and proprietary information relating to each other’s businesses for purposes of discussing and possibly entering into a business transaction or transactions. but not limited to the names. or disclosed orally or visually to the receiving party. “Confidential Information” shall mean information provided by the disclosing party or its Representatives to the receiving party and its Representatives concerning the disclosing party’s business (including that of all subsidiaries and affiliates of such party) including. properties owned. the Parties desire to set forth their agreement to treat such information as confidential and proprietary in accordance with the terms and conditions hereof. XVPillars. THEREFORE. subsidiaries. clients. email and other addresses of any source. and WHEREAS. the existence of this Agreement. Suite 740. customer lists and other customer data.” WHEREAS. employers. presentations. associates.
but not limited to written agreements. and/or financial information regarding actual. with an option to renew for an additional two (2) years subject to and upon the terms and conditions agreed to between both parties. Whether or not such protective order or other remedy is obtained or the disclosing party waives compliance with the terms of this Agreement. regulation. Additionally. pending. products or goods. the receiving party agrees that it and its Representatives will furnish only that portion of the Confidential Information or such other information. or similar process) governmental or similar authority or by the rules of any recognized stock exchange to disclose any of the Confidential Information or any other information prohibited from being disclosed hereunder. at its sole expense. The receiving party shall not to oppose any action by the disclosing party to obtain such protective order or other remedy. All other terms and conditions of this Agreement shall be protective to the other party in perpetuity. (ii) is or becomes available to the receiving party or its Representatives on a nonconfidential basis from a source other than the disclosing party or its Representatives. or information contained in such documents. subpoena. XVPillars. requests for information or documents. contracts. to any Third Party. that such information is not known by the receiving party to be subject to another confidentiality agreement with or other obligation of secrecy to the disclosing party or (iv) is independently developed by the receiving party or its Representatives. interrogatories. provided that such source is not known by the receiving party to be bound by a confidentiality agreement with or other obligation of secrecy to the disclosing party. Agent agree to keep confidential and not disclose any document of Seller. legal. judicial or regulatory proceeding (by oral questions. Exceptions Confidential Information shall not include information which (i) becomes generally available to the public other than as a result of a disclosure by the receiving party or its Representatives in violation of this Agreement. renewed or future transactions for the purchase of all commodities. LLC Intellectual Rights Reserved Page 2/3 .In specific deals where the Seller is acting in the interest of the Agent's. other than explicitly provided for in written communication from Seller. the receiving party shall (to the extent legally permissible and reasonably practicable) provide the disclosing party with prompt written notice so that the disclosing party may seek. (iii) is already in the receiving party’s possession or the possession of its Representatives provided. the Seller shall be allowed to deal directly with the Buyer insomuch that the Seller shall keep the Agent informed of the development of the transactions. in the event that the receiving party is requested or required by law. which based on the advice of its counsel. including. or on the Agent's behalf. a protective order or other appropriate remedy or waive compliance with the terms of this Agreement. is legally required to be furnished TERM of Agreement Parties' rights to non-circumvention shall be valid for two (2) years commencing from the date of this Agreement.
No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. of any provision of this Agreement shall not affect the validity of any other of its provisions. the Parties hereto. Stoker Company Name: XVPillars. Both parties witness that they fully understand and will execute the Terms and Conditions of this Agreement. Any invalidity. action or proceeding arising under or relating to this Agreement shall be brought forward either in the United States District Court or state court located in the County which includes Salt Lake City. the circumvented party shall be entitled to a legal monetary penalty equal to the maximum service it should realize from such a transaction plus any and all expenses including. Failure to exercise a right or remedy or granted hereunder shall not be deemed a waiver of such right or remedy. UT. This Agreement shall be governed by. Any suit.com Signature of Agent ____________________ Signed Date: 01/ /2012 Signature of Seller _____________________ Signed Date: 1/ /2012 XVPillars. but not limited to. IN WITNESS WHEREOF. corporate body or on behalf of a corporate body. which consent shall not be unreasonably withheld. LLC Intellectual Rights Reserved Page 3/3 . AGREE AND ATTESTED This Agreement shall be binding upon the Parties hereto and their respective assigns and successors. Agent's Full Name: Company Name: Address: Seller's Full Name: Ronald L. directly or indirectly. have caused their names to be subscribed this day and year herein recorded. all legal costs and expenses incurred to recover the lost revenue. in whole or in part.Legal Conditions In the event of circumvention of this Agreement by either party. and construed in accordance with. This Agreement shall not become effective to any Party until signed and thereby executed by all Parties listed hereunder. Each representative signed hereto below guarantees that he/she is duly empowered by his/her respectively named company to enter into and be bound by the commitments and obligations contained herein either as an individual. UT 84070 Phone: E-mail: Phone: 888-977-9950 or 801-337-9190 E-mail: rstoker@xvpillars. LLC Address: 9350 South 150 East (Suite 740) Sandy. subject to the consent of the non-assigning party. The signing parties hereby accept such selected jurisdiction as the exclusive venue. the laws of the State of Utah. by their respective Authorized Officers.