MUTUAL CONFIDENTIALITY, NON-DISCLOSURE AND
NON-CIRCUMVENTIONAGREEMENT
This Mutual Confidentiality, Non-Disclosure and Non-Circumvention Agreement (this “Agreement”), dated
as of ....................................., is made by and between
KKKAN DEVELOPMENTS LIMITED, a company incorporated in England and Wales, whose office is
situated at 24 Oswald Road, Chorlton-cum-Hardy, Manchester, M21 9LP hereby referred to as “The
Disclosing Party” and
..................................................................................................... ...............................
........................................................., (the “Recipient”) (each being a “party” or collectively “parties”).

Disclosure. The Disclosing Party and the Recipient intend to engage in discussions concerning a
potential business relationship (the “Purpose”), relating to the development of Floating Solar Arrays
based on the companies AQVA SOLAR and AQVA FLEX, Modular Floating Pontoon System
including (Pontoon Floats, Connecting Pins, Spacers, Brackets and accessories). In connection
therewith the parties may disclose to each other information that is considered proprietary and
confidential, or otherwise not generally available to the public. In order to protect their proprietary,
confidential, and otherwise non-public information the parties have agreed to the following
provisions with respect to confidentiality of information.

Affiliates. As used in this Agreement, an “Affiliate” of a party means any subsidiary undertaking
(as defined in the Companies Act 1931-2004) of such party or any fund managed by such party
from time to time.

Confidential Information. As used in this Agreement, “Confidential Information” means all nonpublic information disclosed by one party or its agents (“the Disclosing Party”) to the other party or
its agents (“the Receiving Party”) that is designated as confidential or that, given the nature of the
information or the circumstances surrounding its disclosure, reasonably should be considered as
confidential. Confidential Information includes, without limitation (i) non-public information relating
to the Disclosing Party’s or any of its Affiliates’ business plans, analyses, forecasts, predictions or
projections, customer information, intellectual property, technology, technical information, business
models, pricing and pricing strategies, marketing ideas, sales data, sales projections, financing
plans, valuations, capitalization, budgets and other financial information, and (ii) third-party
information that the Disclosing Party is obligated to keep confidential. Confidential Information shall
include any written information, documents, charts or graphs, computer tapes or disks, or any
information delivered, sorted or represented in documentary, written, magnetic or other permanent
or semi-permanent form, or information disclosed orally by any representative of any party.

Exclusions. Confidential Information does not include any information that (i) is or becomes
publicly available without breach of this Agreement, (ii) can be shown by documentation to have
been known to the Receiving Party at the time of its receipt from the Disclosing Party, (iii) is received
from a third party who, to the knowledge of the Receiving Party, did not acquire or disclose such
information by a wrongful or tortuous act, or (iv) can be shown by documentation to have been
independently developed by the Receiving Party without reference to any Confidential Information.

Use of Confidential Information. The Receiving Party may use Confidential Information only in
connection with the Purpose. Except as expressly provided in this Agreement, the Receiving Party
shall not disclose Confidential Information to anyone without the Disclosing Party’s prior written
consent. The Receiving Party shall take all reasonable measures to avoid disclosure,
dissemination or unauthorized use of Confidential Information, including, at a minimum, those
measures it takes to protect its own confidential information of a similar nature. The Receiving
Party shall not export any Confidential Information in any matter contrary to the export regulations
of the United Kingdom. No information disclosed hereunder or in connection with the Purpose shall
be used by the Receiving Party in connection with any arbitration, litigation or other dispute
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(whether now existing or arising in the future) between the parties or any of their affiliated
companies.

Non Circumvention. The parties hereby irrevocably agree and guarantee each other they shall
not, directly or indirectly interface with, circumvent or attempt to circumvent, avoid, by-pass, or
obviate each other’s interest, or the interest or relationship between them, producers, sellers,
buyers, brokers, dealers, distributors, financial institutions, technology owners, developers or
manufacturers, to change, increase or avoid directly or indirectly payment of established or to be
established fees, ownership of the Project, commissions, or continuance of pre-established
relationship or intervene in non-contracted relationship with manufacturers or technology owners
with intermediaries, entrepreneurs, legal counsel, or initiate buy/sell relationships, or transactional
relationships that by-pass one of the Parties with any corporation, producer, technology owner,
partnership, or individual revealed or introduced by one of the Parties to another in connection with
any ongoing or future “Transaction” or “Project”.

Receiving Party Personnel. The Receiving Party shall restrict the possession, knowledge and
use of Confidential Information to its Affiliates, employees, contractors and professional advisors,
the employees, contractors and professional advisors of any of its Affiliates, and entities controlled
by it or any of its Affiliates(collectively, “Personnel”) in each case who have a need to know
Confidential Information in connection with the parties’ business relationship. Such Personnel shall
be informed by the Receiving Party of the confidential nature of such information and shall be
directed by the Receiving Party, and shall each expressly agree, to treat such information as
confidential in accordance with this Agreement. The Receiving Party shall be fully responsible for
any breach of this Agreement by its Personnel.

No Announcements. The parties agree that they will not, and each party will direct its Personnel
not to, disclose to any person either the fact that discussions or negotiations are taking place
concerning the Purpose of any of the terms, conditions or other facts with respect to the Purpose,
including the status thereof.

Disclosures to Governmental Entities. The Receiving Party may disclose Confidential
Information as required to comply with binding orders of governmental entities that have jurisdiction
over it, provided that the Receiving Party (i) gives the Disclosing Party reasonable notice (to the
extent permitted by law) to allow the Disclosing Party to seek a protective order or other appropriate
remedy, (ii) discloses only such information as is required by the governmental entity, and (iii) uses
commercially reasonable efforts to obtain confidential treatment for any Confidential Information so
disclosed.

Ownership of Confidential Information. All Confidential Information shall remain the exclusive
property of the Disclosing Party. The Disclosing Party’s disclosure of Confidential Information shall
not constitute an express or implied grant to the Receiving Party of any rights to or under the
Disclosing Party’s patents, copyrights, trade secrets, trademarks or other intellectual property
rights.

Notice of Unauthorized Use. The Receiving Party shall notify the Disclosing Party immediately
upon discovery of any unauthorized use or disclosure of Confidential Information or any other
breach of this Agreement by the Receiving Party. The Receiving Party shall cooperate with the
Disclosing Party in every reasonable way to help the Disclosing Party regain possession of such
Confidential Information and prevent its further unauthorized use.

Return of Confidential Information. The Receiving Party shall return or destroy all tangible
materials embodying Confidential Information (in any form and including, without limitation, all
summaries, copies and excerpts of Confidential Information)promptly following the Disclosing
Party’s written request; provided that subject to the provisions of this Agreement, the Receiving
Party may retain one copy of such materials in the confidential restricted access files of its Legal
Department for use only in the event a dispute arises between the parties related to the Purpose
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and only in connection with that dispute. At the Disclosing Party’s option, the Receiving Party shall
provide written certification of its compliance with this Section.

Injunctive Relief. The Receiving Party acknowledges that disclosure or use of Confidential
Information in violation of this Agreement could cause irreparable harm to the Disclosing Party for
which monetary damages may be difficult to ascertain or an inadequate remedy. The Receiving
Party therefore agrees that the Disclosing Party shall have the right, in addition to its other rights
and remedies, to seek injunctive relief for any violation of this Agreement.

Termination. This Agreement shall terminate upon the completion or termination of the parties’
discussions regarding the Purpose; provided that notwithstanding any such completion or
termination of the discussions, each party’s obligations under this Agreement with respect to the
other party’s Confidential Information shall survive for a period of five (5) years following the date
of this Agreement.

No Warranty. The Receiving Party understands that the Disclosing Party makes no representation
or warranty as to the accuracy or completeness of the Confidential Information or any other
information which the Disclosing Party furnishes to the Receiving Party. The Receiving Party
agrees that the Disclosing Party shall not have any liability to the Receiving Party resulting from the
use of the Confidential Information by the Receiving Party or for any errors therein or omissions
there from.

Independent Development. The Disclosing Party acknowledges that the Receiving Party may
currently or in the future be developing information internally or receiving information from other
parties that is similar to the Confidential Information. Accordingly, nothing in this Agreement shall
be construed as a representation or agreement that the Receiving Party shall not develop, or have
developed for it, products, concepts, systems or techniques that are similar to or compete with the
products, concepts, systems or techniques contemplated by or embodied in the Confidential
Information provided that the Receiving Party does not violate any of its obligations under this
Agreement in connection with such development.

No Obligation. Nothing herein shall obligate the parties to proceed with any transaction between
them, and each party reserves the right, in its sole discretion, to terminate the discussions
contemplated by this Agreement concerning the Purpose.
This Agreement constitutes the entire agreement between the parties relating to the matters discussed
herein and may be amended or modified only with the mutual written consent of the parties. Each party’s
obligations hereunder are in addition to, and not exclusive of, any and all of its other obligations and duties
to the other party, whether express, implied, in fact or in law. Subject to the limitations set forth in this
Agreement, this Agreement shall inure to the benefit of and be binding upon the parties and their respective
successors and assigns.
Any failure by either party to enforce the other party’s strict performance of any provision of this Agreement
shall not constitute a waiver of its right to substantially enforce such provision or any other provision of this
Agreement.
If a provision of this Agreement is held invalid under any applicable law, such invalidity shall not affect any
other provision of this Agreement that can be given effect without the invalid provision. Further, any such
invalid or unenforceable provision or portion thereof shall be deemed, without further action on the part of
the parties hereto, modified, amended or limited to the extent necessary to render the same valid and
enforceable.
Any Affiliate of a party may enforce the terms of this Agreement in accordance with the Contracts (Rights
of Third Parties) Act 1999 in respect of Confidential Information relating to it. Save as expressly provided
in this Section, a person who is not a party to this Agreement has no rights under the Contracts (Rights of
Third Parties) Act 1999 to benefit from or enforce any provision of this Agreement. Notwithstanding that
any term of this Agreement may be or become enforceable by a third party, the terms of this Agreement
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or any of them may be varied in any way or waived or this Agreement may be rescinded in each case
without the consent of any such third party.
This Agreement shall be governed by English Law and shall be subject to the exclusive jurisdiction of the
English Courts. This Agreement may be executed by facsimile and in counterpart copies.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
# Electronic signature is valid and accepted as hand signature #
Printed Name (Owner):
Kevin Barry
Company:
KKKAN DEVELOPMENTS LIMITED
Address:
24 Oswald Road
Chortlon-cum-Hardy
Manchester
M21 9LP
Phone:
Email:
Designation:
Managing Director
Signature:
Printed Name (Recipient):
Company:
Address:
Phone:
Email:
Designation:
Signature:
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