Imfpa&ncnda 500meuro New
Imfpa&ncnda 500meuro New
Imfpa&ncnda 500meuro New
400/500/600)
The world business organization 1 OF 11
WHEREAS the undersigned wish to enter into this We the undersigned herewith referred as the, under penalty
Agreement to define certain parameters of the future of perjury do hereby irrevocably confirm and irrevocably
legal obligations, are bound by a duty of accept to pay all intermediaries and fee holders at the same
Confidentiality with respect to their sources and time and in a manner as the PAYMASTER is being paid for each
contacts. This duty is in accordance with the and every transaction of this contract up to the completion of
International Chamber of Commerce. the contract plus rollovers and extensions and in accordance
WHEREAS the undersigned desire to enter a working with the bank details to be specified in the hard copies of this
business relationship to the mutual and common contract.
benefit of the parties hereto, including their affiliates, We, the PAYMASTER, irrevocably confirm that we will order
subsidiaries, stockholders, partners, co-ventures, and direct our bank to endorse automatic payment orders to
trading partners, and other associated organizations the beneficiaries named below; furthermore, We, the
(hereinafter referred to as “Affiliates”). PAYMASTER, confirm that all pay orders shall automatically
NOW THEREFORE in consideration of the mutual transfer funds as directed into each beneficiaries designated
promises, assertions and covenants herein and other bank account within 1 (one) day after the date of closing and
good and valuable considerations, the receipts of completion of each and every shipment of the product during
which is acknowledged hereby, the parties hereby the contract term plus any/or extensions and rollover of the
agree as follows: specified contract. For the purpose of clarity, we confirm that
1. TERMS AND CONDITIONS the closing and completion of each and every shipment shall
A. The parties will not in any manner solicit, nor be deemed to take place when the letter of credit issued by
accept any business in any manner from sources the buyer has been drawn down at the counters of the issuing
or their affiliates, which sources were made bank.
available through this agreement, without the
express permission of the party who made We, PAYMASTER, agree to provide all beneficiaries with
available the source and, written evidence of the pay orders lodged with our bank
B. The parties will maintain complete together with acknowledgements of their acceptance.
confidentiality regarding each other business Furthermore, our bank shall be instructed to provide duly
signed and stamped acknowledgement of this instruction as
sources and/or their Affiliates and will disclose
set out in the annex. Forming part of this agreement. It is
such business sources only to the named parties
understood that for the purposes of this Master Fee Protection
pursuant to the express written permission of Agreement, our bank shall be the same bank and this IMFPA
this party who made available the source, and, C. acts as an integral part of it.
That they will not in any of the transactions the We the undersigned being PAYMASTER or the PAYMASTER
parties are desirous of entering into and do,
to the best of their abilities assure the other that named legally authorized representative as stated within the
the transaction codes established will not be signed and legally binding main transaction, contract
affected. unconditionally agree and undertake to approve and originate
D. That they will not disclose names, all payments in USD/IDR/EURO currency to all beneficiaries
addresses, e-mail address, telephone and tele- named below as their rightful and payable commissions. This
fax or telex numbers to any contacts by either agreement also acts as a record confirming the commission
party to third parties and that they each amounts for each named beneficiary as set out below:-
recognize such contracts as the exclusive property TOTAL COMMISSION SHALL BE PAID BY THE PAYMASTER AS
of the respective parties and they will not enter FOLLOWS:-
into any direct negotiations or transactions with AS FOLLOWS: The amount of Commission Between gross and net
such contracts revealed by the other party and price of fuel delivered, but payment intervening groups of fees
paid will be made to them by the PAYMASTER, auto transfer same
E. That they further undertake not to enter day upon receiving the fund, Should be Settled as HEREIN Stated
into business transaction with banks, investors, to be transferred is into the account as follows, which includes all
sources of funds or other bodies, the names of rolls and extensions as a contract condition:
which have been provided by one of the F. Distribution of the commissions, for the Beneficiaries of
Parties to this agreement, unless written BOTH SIDES ARE DETAILED ALONG WITH THE BANKING
DETAILS WITHIN THE DOCUMENT.
permission has been obtained from the other
TERM & CONDITIONS:
party (ies) to do so. For the sale of this
This master fee protection agreement covers the initial
agreement, it does not matter whether
contract and shall include any renewals, extensions, rollovers,
information obtained from a natural or a legal
additions or any new or transfer contract any how originated
person. The parties also undertake not to make
from this transaction because of the above intermediaries or
use of a third party to circumvent this clause. G.
changing codes of the initial contract entered into between
That in the event of circumvention of this
the BUYER and PAYMASTER.
Agreement by either party, directly or indirectly,
This master fee protection agreement and any subsequently
the circumvented party shall be entitled to a legal
issued pay orders shall be assignable, transferable and divisible
monetary penalty equal to the maximum service
and shall not be amended without the express written and
it should realize from such a transaction plus any
notarized consent of the receiving beneficiary. All parties agree
and all expenses, including but not limited to all
neither to circumvent nor to attempt circumvent either for the
legal costs and expenses incurred to recover the
transaction of this current contract or in the future for a period
lost revenue.
of five (5) years from the date of the execution of this fee
H. All considerations, benefits, bonuses, protection agreement. This document binds all parties, their
participation fees and/or commissions received employees, associates, transferees and assignees or designees.
as a result of the contributions of the parties in All faxed and/or e-mailed signatures shall be considered as
the Agreement, relating to any and all original signatures for the purpose of binding all parties to this
transactions will be allocated as mutually agreed. agreement. This document may be signed & in any number of
I. This Agreement is valid for any and all counterparts all of which shall be taken together and shall
transaction between the parties herein and shall constitute as being one & the same instrument.
be governed by the enforceable law in All Any party may enter into this document and the agreement
Commonwealth Country’s, European Union constituted thereby by signing any counterpart any time, date
Country’s, USA, Canada, Courts, or under Swiss or period mentioned in any provision of this document shall
Law in Zurich, in the event of dispute, the only be amended by agreement in writing and signed off by all
arbitration laws of states will apply. parties concerned.
J. The signing parties hereby accept such Furthermore, we agree that any and all commissions due shall
selected jurisdiction as the exclusive venue. The be paid to the beneficiary as a result of any extension or rolls
2.
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA) & NCNDA Page
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duration of the Agreement shall perpetuate for of the contract and that we shall effect all necessary
five (5) years from last date of signing. documentation with our bank without any undue delays to
ensure such commissions and paid within the terms of the
AGREEMENT TO TERMS agreement.
A. Signatures on this Agreement received by the PARTIAL INVALIDITY:
way of Facsimile, Mail and/or E-mail shall be an The illegality, invalidity and non-enforceable provision of this
executed contract. Agreement enforceable and document under the laws of any jurisdiction shall not affect its
admissible for all purposes as may be necessary illegality, validity or enforceability under the law of any other
under the terms of the Agreement. B. All jurisdiction or provision.
signatories hereto acknowledge that they
have read the foregoing Agreement and by their GOVERNING LAW AND JURISDICTION:
initials and signature that they have full and This document shall be governed & construed in accordance
complete authority to execute the document for with current English or I.C.C 400/500/600 signed between
and in the name of the party for which they have partners NCND laws.
given their signature. ARBITRATION:
All parties agree to refer any disputes between the parties arising
out of or in connection with this agreement including any
questions regarding its existence, validity or termination to
arbitration rules of the international arbitration centre (I.A.C).
The appointed arbitrator shall hold the proceedings in any
country chosen by the parties and the rules of the IAC shall
apply.
This document is signed and accepted by parties named below as
to be included in the main contract.
“Accepted and agreed without change (Electronic signature is valid and accepted as hand signature)”
EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)
1. EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this
Contract. As applicable, this agreement shall be:-
Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global & National Commerce Act’’ or such other
applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001)
2. ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre
for Trade Facilitation and Electronic Business (UN/CEFACT).
3. EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable. Either Party may
request hard copy of any document that has been previously transmitted by electronic means provided however, that
any such request shall in no manner delay the parties from performing their respective obligations and duties under
EDT instruments.
MR. KURT BEIS ACCEPTED BY US WITH BELOW BANK DETAILS OUR BANK
NAME :
WILL BE USED AS PAYING BANK :
COMMISSION 55% FROM THE TOTAL INVESTMENT
SIZE (WITH €500,000,000 EURO(FIVE HUNDRED
ROLL+EXT): MILLION
DESIGNATION : DIRECTOR
EUROS) = €275,000,000 EURO( TWO
HUNDRED SEVENTY FIVE MILLION
EUROS) Bruto BEFORE TAX
COMPANY ACCOUNT
TOLIKETHERM VERTRIEBS GMBH TOLIKETHERM VERTRIEBS GMBH
NAME: NAME:
ADDRESS : BRÄUSTR. 3, 84437 BANK NAME: DEUTSCHE BANK AG, MUNICH
REICHERTSHEIM, GERMANY
TEL : N/A BANK ADDRESS: PROMENADENPLATZ 15, 80271
MÜNCHEN, GERMANY
MOBILE : N/A ACCOUNT No: DE11 7007 0010 0156 2800 00
FAX : N/A SWIFT CODE: DEUTDEMMXXX
EMAIL ADDRESS : N/A BANK OFFICER :
20th
TODAY’S DATE : of April 2022 PAYMASTER : -
SIGNATURE AND
SEAL :
SIGNATURE AND
SEAL :
SIGNATURE AND
SEAL :
SIGNATURE AND
SEAL:
PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER & EMAIL a notification immediately upon each
tranche transfer payment together with the transactions code/s to: e-mail : [email protected] Required
Message: ALL TRANSFER INSTRUCTIONS SHALL STATE: ""Immediate credit – same day value / instant cash upon receipt;
Required Message: Remitter is known to us. This is done with full banking responsibility and we are satisfied as to the
source of the funds sent us." "Funds are clean and Clear, of non-criminal and Non - Terrorist origin and are payable in
cash immediately upon receipt by beneficiary bank.
SIGNATURE AND
SEAL:
PREADVICE MUST BE SENT VIA SWIFT PRIOR TO WIRE TRANSFER & EMAIL a notification immediately upon each
tranche transfer payment together with the transactions code/s to: e-mail [email protected]
Required Message: ALL TRANSFER INSTRUCTIONS SHALL STATE: "Immediate credit – same day value / instant cash
upon receipt; Required Message: Remitter is known to us. This is done with full banking responsibility and we are
satisfied as to the source of the funds sent us." "Funds are clean and Clear, of non-criminal and Non - Terrorist origin
and are payable in cash immediately upon receipt by beneficiary bank.
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA) & NCNDA Page
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END OF DOCUMENT