A agreement to what is a mock company who a Chief and CEO of Corporation is a way of manipulation behind the scenes, instead First Wind Power CEO is an employee of the corporation as lands and estates. Targeting First Nation Aboriginal, Indigenous lands in Canada the U.S and elsewhere, and they are not talking about wind energy.
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Confidentialityagmt blank.rtf
1. CONFIDENTIALITY AGREEMENT
and
NON‐DISCLOSURE PACT
AGREEMENT DATED August 29, 2013
Between:
J. R. (Banjo) Linkevic, Principal
FirstWind Power, Inc. 2152 Alexander Pl ON NTT Kelowna, B.C. V1Z 2X5
And:
______________, Businessman located in __________, B.C. Canada
∙ The Company and the Projects:
This is with respect to our conversations and documentation relative to our company,
FirstWind Power, Inc., a company formally registered within the Province of British
Columbia, hereinafter referred to as the “Company”, and the project referred to as
the “Ontario Project”, more specifically the Nigig Power Corporation development
with the Henvey Inlet First Nation. Both parties hereby agree and provide for the fact
the materials presented are in draft form and as such are subject to change. The
second Project, referred to as the “Alberta Project”, is a second wind farm to be
constructed on the lands in south western Alberta, Canada on the Piikani First
Nation. The first project is 300 MW in size and the second project is 210 MW in size.
The undersigned agree and warrant there are considerations and opportunities for
investment or the ability to invest in, participate with or provide services to the
Company and or ancillary operations in the proposal to develop FirstWind Power, Inc.
and the concept of a strategy to specifically target Indigenous/ Indian/First
Nation in Canada, the United States and elsewhere.
∙ Confidential Information:
The Company has consented to make available to me confidential information (as
herein defined) regarding the Project. In consideration of the Company making the
confidential information available to me and for other good and valuable
2. consideration (the receipt and sufficiency of which is/are hereby acknowledged), I
agree, on my own behalf, and, if applicable, I agree to cause my/our directors,
officers, shareholders, agents, employees, representatives and advisors to
keep secret and retain in strictest confidence, and not use for the benefit of
themselves or others, any and all confidential information, except to determine
whether I/we wish to invest in, participate with or provide services to the
Company in the Project.
I hereby agree I shall deal solely with the official representatives of the Company
and in no way attempt to contact or interfere with in any fashion whatsoever, the
negotiations, conversations or mechanics of any deals and/or drafts/final agreements
between any parties relating to the Projects and the Company without the express
written consent of the Company being obtained prior to contacting such entity
individual, company, government or government entity relating to this or
other Projects contemplated or proposed by FirstWind Power, Inc.
Without limiting the foregoing, I agree not to:
∙ disclose or allow disclosure of any confidential information to any
persons, other than my advisors, auditors and legal counsel who have acknowledged
in writing that they will be bound by the terms and conditions of this Agreement.
For purposes of this Agreement, the term "confidential information" shall
mean any and all electronic or printed data, diagrams and information,
written or oral, related in any way to the Company or the Project.
Without limiting the provisions of Section 1 above, I acknowledge and agree that
all confidential information is the sole and exclusive property of the Company
which owns all right, title and interest in and to the confidential information,
including without limitation:all ideas, concepts, information, trade secrets,
knowledge, activities, business
∙ all proprietary and intellectual property rights in the confidential
information, including both trademark and copyright, regardless of whether these
items came into being before or after the execution of this Agreement.
∙ Return of Confidential Information.
I agree to promptly return all Confidential Information furnished by Company or any
of its representatives within 24reproductions hours of a request by the
Company in writing and agree not to retain any copies, extracts or other in
whole or in part of such confidential information.
∙ Breach.
3. I agree and acknowledge the following:
∙ monetary damages alone would not be a sufficient remedy for
any breach or violation of this Agreement by me/us and, teh
∙ harmed if any of the provisions of this Agreement were not performed
strictly in accordance with their respective terms or were otherwise breached and,
accordingly, that the Company shall be entitled to specific performance and
injunctive or orother equitable relief as a remedy for any such breach
violation by me, which relief shall be in addition to all of the remedies
available at law or in equity to the Company. Further, I will promptly notify the
Company if I become aware of any breach or violation of this Agreement and shall
give the Company all reasonable assistance in connection with any action or
proceeding which the Company may institute in connection therewith and;
∙ indemnify the Company from and against any and all losses,
liabilities, charges, damages, claims, expenses and other costs of any nature
whatsoever (including attorney's fees and disbursements) based upon,
arising out of, or otherwise attributable to, any such breach or violation.
∙ Further Assurances.
I will keep in confidence all material discussion about and relating to the issuance of
a Promissory Note and an Addendum to the Promissory Note, by the
Principal, Mr. J. R. (Banjo) Linkevic and will not discuss or disclose any or all the
information contained therein to or with person without the express written consent
of the Principal.
I will, upon the request of the Company, execute, acknowledge and deliver
to the Company any and all documents the Company may deem necessary to
evidence and effectuate all or any of the Company’s rights under this Agreement.
∙ Assignment.
This Agreement shall be binding upon and enure to the benefit of the parties and
their respective heirs, successors and assigns. This Agreement is not assignable or
transferable except in writing by the Company. I agree I shall immediately request in
writing for the need to provide such request for an assignment or transfer of any
or all rights, conditions or elements of any parts or this entire Agreement to
any other individual, entity, corporation or consortium with whom I may have
contact with outside our scope of authority inasmuch as it relates to the confidential
information, the Company, the Project or contacts stated herein.
8. Governing Law.
This Agreement shall be construed in accordance with and shall be governed by the
laws of the Province of British Columbia and the federal laws of Canada applicable
4. therein and the parties hereto agree to the jurisdiction of the courts of the Province
of British Columbia in case of a dispute.
9. Severability.
In the event that any particular term, condition, statement or provision of this
Agreement shall be found to be void, voidable or unenforceable for any reason, then
such term, condition, statement or provision shall be deemed severed from the
reminder of this Agreement and all other terms, conditions and other provisions
hereof shall remain in full force and effect.
10. Authorities:
I affirm I have sufficient authority to enable the execution of this Agreement
between the Company and me providing the elements of this Agreement and
statements herein are correct.
If the foregoing correctly sets forth our agreement, please so indicate by signing and
returning one copy of this Agreement, whereupon it will constitute our agreement
with respect to the subject matter hereof relating to the Company and the Project as
the date first above written..
BY:
Signature:
Confirmed and Accepted on behalf of the Company:
Joseph R. Linkevic CEO
FirstWind Power, Inc.