NCNDA - ENGLISH - Final - CR

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GENERAL COMMODITIES TRADING COMPANY, S.A.

International Business of Commodities


RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”

Whereas, the undersigned parties are mutually desirous of doing business with respect to the arranging,
selling and buying and in cooperation with one another and with third parties for their mutual benefit.
The documents which are going to follow this agreement like Letters of Intent, Full Corporate Offers,
Bank Comfort Letters, Contract Terms and Conditions, Banking details or Pre-advised Payment
Instruments and/or any information contained in such documents will not be passed, under any
circumstance, onto another intermediary or broker or trader or whatever company or private persons
who are not end buyers or end suppliers without prior specific written consent of the party(s) providing
such information.
This agreement is made and entered into on this date Tuesday, January 2, 2018, shall obligate the
undersigned parties and their partners, associates, employers, employees, affiliates, subsidiaries, parent
companies, any nominees, representatives, successors, clients and assigns hereinafter referred to as
“The Parties” jointly severally, mutually and reciprocally for the terms and conditions expressly state
and agree to below, and that this agreement may be referenced from time to time in any document(s), or
written agreements, the terms and conditions of this agreement shall apply to any exchange of
information written or oral involving financial information, personal or corporate names, contracts
initiate by or involving the parties and any addition, renewal, extension, rollover amendment,
renegotiations or new agreement hereinafter referred to as “The Transaction” (Project/Transaction) for
the purchase of all commodities, products, equipment.
NOW, THEREFORE IT IS AGREED:
AGREEMENT NOT TO DEAL WITHOUT CONSENT
The intending parties hereby legally, and irrevocably bind themselves into guarantee to each other that
they shall not directly or indirectly interfere with, circumvent or attempt to circumvent, avoid, by-pass or
obviate each other’s interest or the interest or relationship between “The Parties” with procedures,
seller, buyers, brokers, dealers, distributors, refiners, shippers, financial instructions, technology owners
or manufacturers, to change, increase or avoid directly or indirectly payments of established or to be
established fees, commissions, or continuance of pre-established relationship or intervene in un-
contracted relationships with manufacturers or technology owners with intermediaries entrepreneurs,
legal council or initiate buy/sell relationship or transactional relationship that by-passes one of “The
Parties” to one another in connection with any ongoing and future transaction or project.
AGREEMENT NOT TO DISCLOSE
“The Parties” irrevocably agree that they shall not disclose or otherwise reveal directly or indirectly to a
third party any confidential information provided by one party to the other or otherwise acquired,
particularly contract terms, product information or manufacturing processes, prices, fees, financial
agreement, schedules and information concerning the identity of the sellers, producers, buyers, lenders,
borrowers, brokers, distributors, refiners, manufacturers, technology owners, or their representative and
International Chamber of Commerce
38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”
specifically individuals names, addresses, principals, or telex/fax/telephone numbers, references product
or technology information and/or other information advised by one party(s) to be one another as being
confidential or privileged without prior specific written consent of the party(s) providing such
information.
AGREEMENT TO HONOR COMMISSIONS
Commissions, fees, compensation or remuneration to be paid as part of transaction covering “The
Parties” to this agreement, shall be agreed upon by separate written agreement by “The Parties”
concerned and shall be paid at the time such contract designated, concluded or monies changing hands
between buyers and sellers, unless otherwise agreed among “The Parties”.
“The Parties” hereby irrevocably and unconditionally agree and guarantee to honor and respect all such
fees and remuneration, arrangements made as part of a commission transaction even in the event that
“The Parties” are not an integral member to a specific commission and fee, remuneration agreement.
AGREEMENT TO INFORM
In specific deals where one of “The Parties” acting as an agent allows the buyers or buyer’s mandate,
and the seller to deal directly with one another, the agent shall be informed of the development of the
transactions by receiving copies of the correspondence made between the buyer or buyer’s mandate and
the seller.
TERM
This agreement shall be valid for five (5) years commencing from the date of this agreement.
This agreement has an option to renew for a further period of five (5) years subject to and upon the
terms and conditions agreed between both parties.
This agreement shall apply to:
⮚ All transactions originated during the term of this agreement.
⮚ All subsequent transactions that are follow up, repeat, extended or renegotiated transactions of
transactions originated during the term of this agreement.
ARBITRATION
All disputes arising out of or in connection with the present contract 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 the said rules.
Every award shall be binding on “The Parties” and enforceable at law.
By submitting the dispute to arbitration under these rules, “The Parties” undertake to carry out any
award immediately and shall be deemed to have waived their right to any form of recourse insofar as
such waiver can validly be made.
Each of “The Parties” subject to the declared breach shall be responsible for their own legal expenses
until an award is given or settlement is reached, provided however, “That Party” found in default by
“The Arbitrator(s)” shall compensate in full the aggrieved party its heirs, assignees and/or designs for
International Chamber of Commerce
38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”
the total remuneration received as a result of business conducted with “The Parties” covered by this
agreement, plus all its arbitration costs, legal expenses and other charges and damages deemed fair by
“The Arbitrator(s)” for bank, lending institutions, corporations, organizations, individuals, lenders, or
borrowers, buyers or sellers that were introduced by the named party, notwithstanding any other
provisions of the award.
FORCE MAJOR
A party shall not be considered or adjudged to be in violation of this agreement when the violation is
due to circumstances beyond its control, including but not limited to act of God, civil disturbances and
theft or appropriation of the privileged information or contract(s) without the intervention or assistance
of one or more of “The Parties”.
ENTITIES OWNED OR CONTROLLED
This agreement shall be binding upon all entities owned or controlled by a party and upon the
principal(s), employee(s), assignee(s), family and heirs of each party.
Neither party shall have the right to assign this agreement without the express written consent of the
other.
AGREEMENT NOT TO CIRCUMVENT
“The Parties” agree not to circumvent or attempt to circumvent this agreement in an effort to gain fees,
commissions, remunerations or considerations to the benefit of the one or more if “The parties” while
excluding other or agree to benefit to any other party.
NOT PARTNERSHIP AGREEMENT
This agreement in no way shall be construed as being an agreement of partnership and none of “The
Parties” shall have any claim against any separate dealing, venture or assets of any other party or shall
any party be liable for any other.
TRANSMISSION OF THIS AGREEMENT
The transmission of this agreement through E-mail, Telefax or any similar programs, shall be legal and
binding.
AGREE AND ATTESTED
Each representative was signing 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 individual, corporate body or on behalf of a corporate body.
ACCEPTED AND AGREED WITHOUT CHANGE ON TUESDAY, JANUARY 2, 2018.

International Chamber of Commerce


38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”

FIRST PARTY:
Signatory’s Full Name:
Company:
Position in Company:
Passport:
Address:

Mobile:
E-Mails:

Date & Time: Tuesday, June 11, 2021


Company Seal & Signature:

International Chamber of Commerce


38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”

SECOND PARTY:
Signatory is Full Name:
Company:
Position in Company:
Passport:
Address:
Phone:
Mobile:
Email:
Date & Time:
Company Seal & Signature:

THIRT PARTY:

Signatory is Full Name:


Company/Name:
Position in Company:
Passport:
Address:
Phone:
Mobile
Email:
Date & Time:
Company Seal & Signature:

International Chamber of Commerce


38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”

FOUR PARTY:

Signatory is Full Name:


Company/Name:
Position in Company:
Passport:
Address:
Phone:
Mobile
Email:
Date & Time: June, 10, 2021
Company Seal & Signature:

International Chamber of Commerce


38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”

FIVE PARTY:

Signatory is Full Name:


Company/Name:
Position in Company:
Passport:
Address:
Phone:
Mobile
Email:
Date & Time: June, 10, 2021
Company Seal & Signature:

International Chamber of Commerce


38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859
GENERAL COMMODITIES TRADING COMPANY, S.A.
International Business of Commodities
RUC Nº20109491741822 Panama

“NON CIRCUMVENTION, NON DISCLOSURE & WORKING AGREEMENT – NCNDA -


FOR
PURCHASE AND SELL CONTRACT OF urea, crude oil & petroleum products”

END OF DOCUMENT

International Chamber of Commerce


38 Cours Albert 1er / 75008 Paris, France / E-mail: [email protected]
Tel: +(33) 1 4953 2828 / Fax: +(33) 1 4953 2859

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