【正文】 nafter referred to as “Affiliates”) NOW THEREFORE, in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows: CHAPTER 2. TERMS AND CONDITIONS NONCIRCUMVENTION, NONDISCLOSURE amp。: CT501 CONTRACT NUMBER: LOI/ICPO REF. N176。gina 2 de 67. The parties will not in any manner solicit, nor accept coal trade business in any manner from sources or their affiliates, which sources were expressly made available in this agreement, without the prior express written permission of the party who made available the source. The parties will maintain plete confidentiality regarding each other business sources and/or their Affiliates and will disclose such business sources only to the named parties pursuant to the priorexpress written permission of this party who made available the source, and, That they will not in any of the transactions the parties are desirous of entering into and do, to the best of their abilities assure the other that the transaction codes established will not be affected. Each party will not disclose any contacts between either party and any third party to which they may have access due to the performance of this agreement to third parties and each of them regard such contracts as the exclusive property of the respective party and it will not enter into any direct negotiations or transactions with such contracts. That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of theParties to this agreement, unless written permission has been obtained from the other party(ies) to do so. For the sale of this agreement, it does not matter whether information obtained from a natural or a legal person. The parties also undertake not to make use of a third party to circumvent this clause. The mission agents who directly or indirectly infringe or violate any clause of this agreement causing that the NEGOTIATION TO CONDUCT supply contract which is specified in this agreement doesn’t conducted, are automatically excluded and immediately lose their mission, leaving it for the others mission agents in proportion to their respective rights and are obligated to pay to the other mission agents the equal of the missions that they have ceased to receive as a penalty. THE SELLER and/or THE BUYER who effect any act like doing the business through third parties, postpone , replace, disguise it, etc. to avoid paying the agree missions will pay to all mission agents the total value of the missions ceased to receive, witho ut prejudice to meet the main duties and adding the proportion to their rights. Is agreed to liquidate whichever of the penalties mentioned the Supply of Supply of SEVENTY THOUSAND METRIC TONS ( MT)of Thermal Coal “B” Type, monthly, for sixty (60) months at US$TTM + US$ PER TON with Roll and Extensions. PARAGRAPH. THE BUYER and THE SELLER we obliged ourselves individually, jointly and severally to that the obligations and penalty under our responsibility that is stipulated in the preceding clause , will be reproduced very textually in the contract that perfects the NEGOTIATION TO CONDUCT. In case of breach of the stipulated thing in this paragraph, the mentioned BUYER and SELLER shall be obligated individually, jointly and severally to pay all fees specified in this Agreement CT501, which were not timely paid by the person who is required to pay under this contract. The Creditors are authorized to enforce the recovery of these fees, by executive order, without any requirement or provision of arrears, to which the parts resign specifically, and with the single presentation of this document and the summary test of the breach. All considerations, benefits, bonuses, participation fees and/or missions received as a result of the contributions of the parties in the Agreement, relating to any and all transactions will be allocated as mutually agreed. NONCIRCUMVENTION, NONDISCLOSURE amp。: CT501 CONTRACT NUMBER: LOI/ICPO REF. N176。gina 3 de 67. This Agreement is valid for any and all transaction between the parties in this NEGOTIATION TO CONDUCT as is derived therefrom in the new negotiations and related activities carried out between BUYER AND SELLER, and in case of conflict, its resolution will be submitted to the procedures and jurisdiction of the country in which the respective actions are in place, as chosen by the PLANTIFF. By signing this agreement, associated parties accept jurisdiction to resolve any potential conflict the one of the countries of Colombia and CHINA, will be submitted to the procedures and jurisdiction of the country in which the respective actions are in place, as chosen by the PLANTIFF. The undersigned associated parties fix the contract duration terms from the date of signing the same plus (5) five years from the date of signature of the coal supply contract, and the duration of terms of contracts arising from it , including additions, renovations, modifications, renewals, extensions, replacements or similar, or related new business between the BUYER and SELLER. NONCIRCUMVENTION, NONDISCLOSURE amp。: CT501 CONTRACT NUMBER: LOI/ICPO REF. N176。gina 4 de 67. CHAPTER 3. AGREEMENT TO TERMS Although the signatures on this agreement received by the way of Facsimile, mail , and / or , are valid and accepted internationally as hand signatures for all purposes, obligations and conditions of the agreements, the parties agreed that this contract will be signed using the manual system.(Hand Signature). All signatories hereto acknowledge that they have read the foregoing Agreement and by their initials and signature that they have full and plete authority