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Dated the 22th of _February, 2018

(1) PT ANDATRA BUMI PERSADA

and

(2) PT. BANGUN OLAHSARANA SUKSES (“PT BOS”)

NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT ("NDA") is made the Dated the 22 n d of February 2018.

BETWEEN

1. PT ANDATRA BUMI PERSADA , a company incorporated in Indonesia and having a registered


office at Multipiranti Graha 3rd floor Jln Radin Inten II No.2 , Buaran Jakarta 13430 (hereinafter
called the "The Company")

AND

2. PT. Bangun Olahsarana Sukses (“PT BOS”) a company incorporated in Indonesia and having
of. Wisma 77 Tower 1 8th fl , Jalan Letjen S. Parman 77, Jakarta
a registered office at,
11410, Indonesia (hereinafter called the "Receiving Party")

WHEREAS:

It is the Company's strict policy to have any receiving party sign this NDA before being granted access or
possession of Confidential Information (as defined below at Clause 2) of the Company.

IN CONSIDERATION of the Company allowing the Receiving Party to access and/or have possession of
Confidential Information in such manner as the Company shall in its sole discretion decide, it is hereby
AGREED as follows:
1. Name of Transaction

The transaction for which the Receiving Party seeks access to such Confidential Information is for
the purposes of course of discussions concerning a potential business relationship (the "Proposed
Transaction").

In this regard, the Receiving Party requires access to such Confidential Information in assessing the
Proposed Transaction.

2. Confidential Information

For purposes of this NDA, "Confidential Information" shall include all information whether oral or
written supplied to the Receiving Party in connection with the Proposed Transaction, confidential
and proprietary information, whether or not such information is identified as confidential, relating
to the operations, business and goodwill of the Company including that of the Company's
subsidiaries and/or related companies, and all information or material that has or could have
commercial value or other utility in the business or prospective business of the Company or its
subsidiaries and/or related companies. Confidential Information also includes all information of
which unauthorised disclosure could be detrimental to the interests of the Company and/or its
subsidiaries and/or related companies whether or not such information is identified as Confidential
Information by the Company. By example and without limitation, Confidential Information
includes, but is not limited to:

2.1 All information, notes, analyses, compilations, reports, data, specifications, source or object
codes, drawings or other documents supplied by the Company including, without limiting
the generality of the foregoing, all information that the Receiving Party acquires relating to
the Company in the course of the Proposed Transaction;

2.2 All information, notes, analyses, compilations, reports, data, specifications, source or object
codes, drawings or other documents relating to the Proposed Transaction; and

2.3 All correspondence between the Company and the Receiving Party relating to the Proposed
Transaction.

3. Obligation of Confidentiality

The Receiving Party irrevocably and unconditionally undertakes:

3.1 to treat the Confidential Information as confidential and to hold and maintain the Confidential
Information in strictest confidence;

3.2 not, without the prior consent in writing of the Company, to communicate or disclose any part
of the Confidential Information to any person except the Relevant Parties (as hereinafter
defined in clause 5) who are directly involved in and/or have a bona fide need to know, the
Confidential Information for the purposes of the Proposed Transaction;

3.3 to ensure that each of the Relevant Parties (as hereinafter defined in clause 5) is made aware,
prior to disclosure, of the confidential nature of the Confidential Information and that he
owes a duty of confidence to the Company and to ensure that such Relevant Parties complies
with the provisions of this NDA;
3.4 not to use the Confidential Information except to the extent necessary for the purposes of the
Proposed Transaction;

3.5 not to copy or reproduce the Confidential Information in any form whatsoever for any purpose
other than for the purposes of the Proposed Transaction; and

3.6 to return promptly to the Company, upon request by the Company and without retention by the
Receiving Party of any copies thereof, all documents and material which are in the
possession of the Receiving Party and which relates directly or indirectly to any
Confidential Information.

4. Schedule Items

All items supplied as Confidential Information by the Company, whether or not identified in any
Schedule, shall be returned to the Company upon completion or termination of the Proposed
Transaction. The Receiving Party undertakes not to make copies of the said items without the written
approval of the Company and agrees to return all copies of the said items upon completion or
termination of the Proposed Transaction.

5. Receiving Party responsible for breach by the Relevant Parties

For the avoidance of doubt, it is hereby expressly agreed that the Receiving Party shall be
responsible for any breach of this NDA by its parent company, subsidiaries and/or related companies
(where applicable), and any of its directors, partners, employees, agents, professional advisors or
representatives (or that of its parent company, subsidiaries and/or related companies, where
applicable) (collectively the "Relevant Parties") and the Receiving Party shall take all measures
(including but not limited to court proceedings, or, upon request by the Company, to grant all rights
to the Company to institute and maintain such proceedings in its name and on its behalf, but without
prejudice to the Company's right to institute and maintain such proceedings in the name of the
Company) to restrain such Relevant Parties from the unlawful disclosure or unlawful use of the
Confidential Information.

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6. Further obligations

The Receiving Party further agrees, warrants, acknowledges and undertakes that:

6.1 no right or licence is granted to the Receiving Party, nor any of the Relevant Parties, in
relation to the Confidential Information; and

6.2 the Receiving Party shall not (and shall procure the Relevant Parties not to) directly or indirectly
use, apply or contribute its knowledge of the Confidential Information to any work, business
or activity, whether or not that involves a product, process or service which is competitive
with or similar to the Company's product, process or service or which is in conflict with the
business interests of the Company.

7. Exceptions to the duty of Confidentiality

Nothing herein shall in any way restrict the Receiving Party's right to use, disclose or otherwise deal
with any of the Confidential Information if and to the extent that:

7.1 such information was, at the time it was disclosed to the Receiving Party, in the public domain
or becomes subsequently so available other than as a result of a breach of the NDA by the
Receiving Party and/or any of its Relevant Parties; or

7.2 such information is required to be disclosed by laws, regulations or court order in accordance
with clause 8.

8. Disclosure due to law or regulation


In the event that the Receiving Party is obligated to disclose any Confidential Information as a result
of law or regulation, the Receiving Party shall immediately inform the Company of such an
obligation. Where the disclosure is compelled by a court order or government action, the Company
shall be afforded the opportunity to review the disclosure before it is made and/or object to such
disclosure. The Receiving Party so obligated to disclose Confidential Information under this clause
may disclose only such Confidential Information to the extent required by the relevant law,
regulation, court order or government action.

9. Binding Effect

9.1 The disclosure of Confidential Information under this NDA by the Company to the Receiving
Party in respect of any Proposed Transaction shall commence on 22nd of February 2018
and expire on 22nd February 2018 (the "Term") unless it is earlier terminated by either Party
giving to the other Party not less than one (1) month's prior written notice. Provided always
that the Term may be extended for such further period of time upon the expiry thereof, upon
mutual agreement in writing between the Parties.

9.2 The Receiving Party's duties and obligations to protect Confidential Information disclosed under
this NDA shall survive expiration of this NDA.

9.3 The Receiving Party further acknowledges that any breach of the provisions of this NDA would
result in serious damage and irreparable harm being sustained by the Company, the amount
of which may be difficult to ascertain, and as a result, the Receiving Party hereby
unconditionally agrees:-

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(a) that the Company shall have the right to apply to a court of competent jurisdiction
for specific performance and/or an order restraining and enjoining any such further
disclosure or breach and for such other relief as the Company

shall deem appropriate. Such right of the Company is to be in addition to the


remedies otherwise available to the Company at law or in equity;

(b) to indemnify the Company for any losses, liabilities, damages or expenses
(including legal costs on a solicitor-client basis) which may be occasioned by any
breach; and

(c) to waive any rights which the Receiving Party may have in opposing the grant of
any equitable relief (including injunctive relief) sought by the Company in relation
to any threatened or actual breach of the provisions of this NDA.

10. Notices

10.1 Any notice, demand or communication in connection with this NDA shall be in writing and
may be delivered by hand, registered post or by e-mail, addressed to the recipient at its
registered office or its address or email address as the case may be stated in clause 10.3
below (or such other address or email address as may be notified in writing from time to
time).

10.2 The notice, demand or communication shall be deemed to have been duly served:

10.2.1 if delivered by hand, when left at the proper address for service;

10.2.2 if given or made by registered post, forty-eight (48) hours after being posted or in
the case of Airmail five (5) days after being posted;

10.2.3 if given or made by email, at the time of transmission following receipt of the
appropriate answerback.

provided that, where in the case of delivery by hand or transmission by email, such delivery
or transmission occurs either after 4.00 p.m. on a working day, or on a day other than a
working day, service shall be deemed to occur at 9.00 a.m. on the next following working
day (such times being local time at the address of the recipient).

10.3 The addresses and email addresses for the Parties are as follows:

The Company PT ANDATRA BUMI PERSADA


Address. Multipiranti Graha 3rd floor Jln Radin Inten II No.2 ,
Buaran Jakarta 13430
Email: jackmore@andatrapersada.com

The Company PT. Bangun Olahsarana Sukses (“PT BOS”)


Address: Address: of 8th fl. Wisma 77 Tower 1, Jalan
Letjen S. Parman 77, Jakarta 11410
Indonesia

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Email: Email: reza@bosscoal.com

11. Severability

Each provision of this NDA (including each undertaking) shall be construed separately and
independently from each other and notwithstanding that such provision and/or undertaking may
prove to be illegal or unenforceable, the remaining provisions and undertakings of this NDA shall
continue in full force and effect.

12. Successors and Assigns

This NDA and each party's obligations hereunder shall be binding on the representatives, assigns,
and successors of such party and shall inure to the benefit of the assigns and successors of such
party; provided, however, that the rights and obligations of the Recipient hereunder are not
assignable.

13. Entire NDA

This NDA expresses the full and complete understanding of the parties with respect to the subject
matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations
and understandings, whether written or oral, with respect to the subject matter. This NDA is not,
however, to limit any rights that the Company may have under trade secret, copyright, patent or
other laws that may be available to the Company. This NDA may not be amended or modified
except in writing signed by each of the parties to the NDA. This NDA shall be construed as to its
fair meaning and not strictly for or against either party. The headings hereof are descriptive only
and not to be construed in interpreting the provisions hereof.

14. General

No waiver of any rights arising under this NDA shall be effective unless in writing and signed by
the party against whom the waiver is enforced. No waiver of any breach of this NDA shall be
deemed to be a waiver of any other or subsequent breach.

15. Governing Law and Jurisdiction

This NDA shall be governed by and construed, in accordance with, the laws of the Republic of
Indonesia and the parties hereby submit to the exclusive jurisdiction of the Indonesia courts in
respect of any dispute arising here from.

16. Counterparts

This NDA may be executed by the parties hereto in separate counterparts, each of which when so
executed and delivered shall be an original, but all such counterparts shall together constitute one
and the same instrument. Each counterpart may consist of a number of copies hereof each signed
by less than all, but together signed by all of the parties hereto.

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IN WITNESS WHEREOF the parties hereto have executed this NDA by their duly authorised
representatives.

BY:

1. PT ANDATRA BUMI PERSADA

Meterai rp.6000

Signature

Wilver Simanjuntak

Name

Director

Title

2. PT. Bangun Olahsarana Sukses (“PT BOS”)

Signature

William Siawira
Name

President Director
Title

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