Non-Disclosure Agreement

For

Welcome Center Building

[2021. 01. 18]

by and between

Hyundai Engineering Co., Ltd.

and

HYK STEEL SDN BHD

 CONTENTS

1. Definitions and Interpretation ............................................................................................ 1

2. Use of Confidential Information ......................................................................................... 2
3. Permitted Disclosure of Confidential Information ........................................................... 2
4. Return of Confidential Information ................................................................................... 3
5. Terms and Termination ....................................................................................................... 3
6. Ownership and License ....................................................................................................... 3
7. Governing Law and Dispute Resolution ............................................................................ 4
8. Provisions Separable ............................................................................................................ 4
9. Non-assignable...................................................................................................................... 4
10. No Amendments ................................................................................................................. 4
11. Entire Agreement ............................................................................................................... 5

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 Non-disclosure Agreement
This non-disclosure agreement (hereinafter referred to as the “Agreement”) is made and
entered into as of 11th December 2020 (hereinafter referred to as the “Effective Date”) by and
between

Hyundai Engineering Co., Ltd., a company duly established under the laws of the Republic
of Korea and having its register office at 75, Yulgok-ro, Jongno-gu, Seoul, the Republic of
Korea (hereinafter referred to as “HEC”)

and

HYK Steel Sdn Bhd (959484-W), a company duly established under the laws of Malaysia
and having its register office at lot 2703 & 2704, Jalan PK 29, Kawasan Perindustrian
Krubong, 75260 Melaka, Malaysia ( hereinafter referred to as “HYK” )

HEC and HYK hereto shall be referred to individually as a “Party” and collectively as the
“Parties”.

WITNESSTH:

WHEREAS, the Parties desires to cooperate each other for development and execution of
engineering, procurement and construction contract (hereinafter referred to as the “Purpose”)
for Welcome Center Building (hereinafter referred to as the “Project”)

WHEREAS, each Party (hereinafter referred to as the “Disclosing Party”) desires to furnish
the other Party (hereinafter referred to as the “Receiving Party”) certain confidential and
proprietary information related to the Project such as business programs, products,
applications, systems, components, technologies and business topics which the Disclosing
Party considers highly confidential and proprietary.

NOW THEREFORE, in consideration of the premises and the mutual covenants set forth
herein, the Parties hereby agree as follows:

1. Definitions and Interpretation

1.1. Confidential Information shall mean, without limitation, any technical, commercial,
financial, legal, administrative or planning information, know-how, trade secrets,
processes, machinery, designs, drawings, technical specifications and data disclosed to or
assessed by the Receiving Party from the Disclosing Party, its Affiliates, or its or their
Authorized Parties (as defined below), in whatever form, and include information
disclosed before, on or after the Effective Date of this Agreement and information given
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 orally and any document, electronic file or any other way of representing or recording
information which contains or is derived from such information.

2. Use of Confidential Information

2.1. Receiving Party promises and agrees to receive and hold the Confidential Information of
Disclosing Party in confidence. Without limiting the generality of the foregoing,
Receiving Party further promises and agrees:

(i) to protect the confidentiality of the other Party’s Confidential Information in

whatever form maintained, including any notes, summaries, reports, analyses or
other materials derived by the Receiving Party, its Affiliates, or its or their
Authorized Parties (as defined below), in whole or in part, from the Confidential
Information;

(ii) to use the Confidential Information only for the Purposes and the terms thereof;

(iii) to use the same degree of care as with its own confidential information, which shall
be at least a reasonable standard of care, to prevent disclosure of the Confidential
Information, except to its Affiliates, and its or their officers, directors, employees,
agents, advisors, representatives, service providers and/or consultants (referred to as
collectively, “Authorized Parties”), solely to the extent necessary to assist the
Receiving Party for the Purpose;

(iv) to acknowledge each of Authorized Parties whom it provides access to any of the
Confidential Information of Disclosing Party, that such Authorized Parties are
strictly prohibited from making any use, reveal, or otherwise disclosing to others, or
permitting others to use; and

(v) not to disclose, reveal, report, publish, transfer to the third party (other than those
described in article (iii) above).

3. Permitted Disclosure of Confidential Information

3.1. The nondisclosure obligations under this Agreement shall not apply to Confidential
Information of Disclosing Party which:

(i) is at the time of disclosure already in the public domain or subsequently becomes
available to the public other than by breach of this Agreement by the Receiving Party,
its Affiliates, or its or their Authorized Parties;

(ii) was in the Receiving Party's possession without confidentiality obligation prior to
receipt from the Disclosing Party and was not acquired directly or indirectly from
the Disclosing Party;
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 (iii) is lawfully obtained by the Receiving Party from a third party, provided that such
third party is not in breach of any confidentiality agreement;

(iv) was independently developed by the Receiving Party, its Affiliates, or its or their
Authorized Parties, without reference to the Confidential Information, and the
Receiving Party can verify the development of such information by written
documentation;

(v) has been approved for release in writing by the Disclosing Party; or

(vi) must be disclosed pursuant to any government statute, regulation or any court order,
provided that Receiving Party takes reasonable actions to avoid and/or minimize
such disclosure, including providing prompt, advance notice of the impending
disclosure to enable Disclosing Party to seek a protective order or otherwise prevent
such disclosure.

3.2. The Party seeking the benefit of such exception shall bear the burden of proving its
existence as evidenced by its written records.

4. Return of Confidential Information

All information provided by the Disclosing Party shall remain the property of the Disclosing
Party. The Receiving Party agrees to return or destroy (at the option of the Receiving Party)
all Confidential Information to the Disclosing Party as soon as possible after the receipt of
written demand by the Disclosing Party.

5. Terms and Termination

5.1. This Agreement shall remain in full force and effect for a period of two (2) years from
the Effective Date.

5.2. If either Party decides not to proceed with cooperation for the Purpose, it may terminate
this Agreement at an earlier date by twenty-eight (28) Day’s prior written notice to the
other party, provided that receiving Party’s confidentiality obligations under this
Agreement shall survive the expiration and/or termination of this Agreement for a period
of three (3) years from such date.

6. Ownership and License

6.1. Each Party shall retain ownership of all Confidential Information and intellectual
property it had prior to commencement of the discussions and evaluation referred to in
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 this Agreement.

6.2. Nothing in this Agreement shall be construed to grant, either expressly or by implication,
estoppel or otherwise, any right or license to any patent, trade secret, invention,
trademark, copyright, or other intellectual property right.

7. Governing Law and Dispute Resolution

7.1. This Agreement shall be governed by and construed in accordance with the laws of the
Republic of Singapore without application of conflicts of laws principles thereof.

7.2. Any dispute arising out of or in connection with this Agreement, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved
by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre ("SIAC Rules") for the time being in force, which rules
are deemed to be incorporated by reference in this clause. The Tribunal shall consist of
three (3) arbitrators and the language of the arbitration shall be English. The award
rendered by the arbitrators shall be final and binding upon both Parties.

8. Provisions Separable

The provisions of this Agreement are independent of and separable from each other, and no
provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for
any reason any other or others of them may be invalid or unenforceable in whole or in part.

9. Non-assignable

Neither Party shall assign nor transfer any of its rights and obligations under this Agreement
without prior written consent of the other Party.

10. No Amendments

No amendments, changes or modifications to this Agreement shall be valid unless the same
are in writing and signed by the Parties.

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11. Entire Agreement

This Agreement contains the full and complete understanding between the Parties and
supersedes all prior arrangements and understandings whether written or oral appertaining to
the subject matter of this Agreement and may not be varied except by written agreement
signed by the Parties.

IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above
written.

Executed for and on behalf of,

Hyundai Engineering Co., Ltd.

Signature :

Name : Lee, Dong Kiun

Title : Office Leader / Plant Execution Division

Executed for and on behalf of

HYK Steel Sdn Bhd

Signature :

Name :

Title :

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