Supplemental Agreement to Exclusivity Agreement Between HII GmbH and Clyvia Technology GmbH (August 9, 2006)
This agreement is between HII GmbH and Clyvia Technology GmbH. It supplements a previous exclusivity agreement, confirming that HII GmbH now also benefits from exclusivity due to Clyvia's successful production. Clyvia must ensure its customers do not supply equipment, directly or indirectly, to countries covered by the exclusivity agreement with HII. If a customer violates this export restriction, they must pay a €2 million penalty to Clyvia, which Clyvia will then pay to HII. The agreement is signed by the managing directors of both companies.
Supplemental Agreement to the Exclusivity Agreement Dated November 8, 2005
| between | HII GmbH Industrie Bau und Beratung [Industrial Construction and Consultation] |
| Falkenstrasse 60, 65812 Bad Soden am Taunus | |
| and | Clyvia Technology GmbH |
| Friedrich-List-Allee 10, 41844 Wegberg-Wildenrath |
| 1) | As a result of the successful production by Clyvia Technology GmbH, exclusivity hereby applies to HII GmbH as well. |
| 2) | Clyvia Technology GmbH is obligated to covenant with its customers that the equipment supplied to the customer may not be directly or indirectly supplied to countries for which Clyvia has entered into an exclusivity agreement with HII GmbH. If the contractual partner violates this export restriction, Clyvia's contractual partner is obligated to pay a contractual penalty to Clyvia in the amount of 2 million Euros. Clyvia will pay this amount to HII GmbH. |
Bad Soden on August 9, 2006
| [Signature] | [Signature] |
| Dr. D. B. Hannoudi | Dr. Manfred Sappok |
| - Managing Director of HII GmbH - | - Managing Director of Clyvia Technology GmbH – |
| [Signature] | |
| Mr. Dieter Wagels, Graduate Engineer | |
| - Managing Director of Clyvia Technology GmbH – |
