PRELIMINARY AGREEMENT Hanoi, Sept

PRELIMINARY AGREEMENT
Hanoi, September……, 2015

Inter Energy Equipment Limited, Nicosia, Cyprus, hereinafter referred to as “IEE”, on the one part,
and
LISEMCO Joint Stock Company, Hai Phong, Vietnam, hereinafter referred to as “LISEMCO”, on the other part, together hereinafter referred to as “the Parties”,
Whereas:
- The Parties wish to settle quickly and amicably all disputes in relation with the Advance Payment Guarantee No. 001/158-5 for USD 1.368.208,00 issued on 28th January, 2015 by LISEMCO (the Corporate Advance Payment Guarantee); the Performance Guarantee No. 32136370002045 for USD 533.332,80 issued on 21st May, 2013 by BIDV, Vietnam (the Performance Guarantee); the Contracts No. 158-1 dated on 4th April, 2011, No. 158-2 dated on 4th April, 2011, No. 158-3 dated on 7th October, 2011, No. 158-5 dated on 23rd November, 2012 and any subsequent Appendices/Additional Agreements signed between IEE and LISEMCO;
- To ensure enforceability of the reached agreement and keep confidentiality of the commercial and financial disputes to protect the reputation of both Parties in connection with the disputes.
Now it is hereby agreed as follows:
1. Both Parties will sign an Arbitration Agreement and submit the dispute of payment according to the Corporate Advance Payment Guarantee to Vietnam International Arbitration Centre (VIAC) and will get a decision of the Arbitral Tribunal recognizing of successful conciliation.

2. To speed up the arbitration proceedings, the Parties agree that:
2.1 The Arbitral Tribunal shall consist of a sole arbitrator. The sole arbitrator is Mr. Do Khac Chien – the arbitrator of VIAC.
2.2 VIAC shall, within 3 (three) days from the date of receipt of the Petition, the arbitration agreement, other relevant documents and the costs of arbitration, send to LISEMCO a Notice, the Petition, the arbitration agreement and other relevant documents.
2.3 LISEMCO shall, within 7 (seven) days from the date of receipt of the Notice, the Petition, the arbitration agreement and other relevant documents sent by VIAC, submit to the VIAC a self-defense statement.
2.4 The Parties request the Arbitral Tribunal conduct a conciliation between two Parties.
2.5 The Arbitral Tribunal shall, within 20 (twenty) days from the date of receipt of the Petition and not later than 10 (ten) days from the date of receiving the self-defense statement of LISEMCO, open a hearing for conciliation. The location of hearing shall be the headquarter of VIAC, No. 9 Dao Duy Anh Street, Dong Da District, Hanoi, Vietnam.
2.6 The Arbitral Tribunal shall, within 30 (thirty) days from the date of receipt of the Petition and not later than 10 (ten) days from the date of successful conciliation, shall issue a decision recognizing of successful conciliation between IEE and LISEMCO.
3. As soon as the dispute submit to VIAC, both Parties commit to agree as follows:
- LISEMCO shall pay IEE the amount of USD 1,800,000.00 (One million, eight hundred thousand US Dollar) for the received advance payments guaranteed by the Corporate Advance Payment Guarantee and the Performance Guarantee according to the following schedule:
• The first payment of amount to USD 1,000,000.00 (One million US Dollar) shall be paid within December, 2015;
• The final payment of amount to USD 800,000.00 (Eight hundred thousand US Dollar) shall be paid within February, 2016.
Furthermore, LISEMCO commit to pay additionally to IEE the bank interest of 6% per annum (six percent per annum) for the amount of the delayed payment.
All the above mentioned payments from LISEMCO to IEE have to be made to the following bank account:
Beneficiary's Name: INTER ENERGY EQUIPMENT LTD.
Beneficiary's Address: 14 Promitheos Street, Office 101, 1065 Nicosia, Cyprus
Beneficiary's Account No. 0033004360 050507 01 0 (USD)
IBAN: CY19 0120 0003 3004 3600 7010 5050
Beneficiary's Bank: Societe Generale Bank Cyprus, Nicosia, Cyprus, SWIFT: SOGECY2N "

After completing the above payment, LISEMCO shall not be obligated to pay under the Corporate Advance Payment Guarantee and the Performance Guarantee. All rights/obligations of the Parties under the Corporate Advance Payment Guarantee, the Performance Guarantee, the Contracts No. 158-5 dated on 23rd November, 2012, No. 158-1 dated on 4th April, 2011, No. 158-2 dated on 4th April, 2011, No. 158-3 dated on 7th October, 2011, and all related Appendices and/or Additional Agreements signed between IEE and LISEMCO will be terminated.
4. The Parties agree to share equally the arbitration costs and LISEMCO agree to transfer VND 287,000,000 (two hundred eighty seven million Vietnam Dong) of 50% of the arbitration costs into the account of THANH & Partners – the authorized representative of IEE at:
Beneficiary’s name: THANH & Partners
Beneficiary’s account: 1221.0000.326193
Bank Name: Bank for Investment and Development of Vietnam (BIDV) - HA THANH Branch
Bank Address: 74 Tho Nhuom Str., Tran Hung Dao Commune, Hoan Kiem District, Hanoi, Vietnam


This agreement is preliminary to the Parties to conduct further procedures to settle the disputes at VIAC in accordance with its Rules of Arbitration.
This Preliminary Agreement is made and signed in 2 (two) authentic originals in English and Vietnamese with prevailing of English wording in case of discrepancies between both of them, one original is for each Party.
The Parties hereto have executed this Preliminary Agreement this ______day of September, 2015.

Kết quả (Anh) 1:

PRELIMINARY AGREEMENT Hanoi, September......, 2015Inter Energy Equipment Limited, Nicosia, Cyprus, hereinafter referred to as "IEE", on the one part, and LISEMCO Joint Stock Company, Hai Phong, Vietnam, hereinafter referred to as "LISEMCO", on the other part, together hereinafter referred to as "the Parties",Whereas:-The Parties wish to settle quickly and amicably all disputes in relation with the Advance Payment Guarantee No. 001/158-5 for USD .00 1,368,208 issued on 28th January, 2015 by LISEMCO (the Corporate Advance Payment Guarantee); the Performance Guarantee No. 32136370002045 for USD 533,332 .80 issued on 21st May, 2013 by BIDV, Vietnam (the Performance Guarantee); the Contracts no. 158-1 dated on 4th April, 2011, no. 158-2 dated on 4th April, 2011, no. 158-3 dated on 7th October, 2011, no. 158-5 dated on 24th November, 2012 and any subsequent Appendices/Additional Agreements signed between IEE and LISEMCO;-To ensure enforceability of the reached agreement and keep confidentiality of the commercial and financial disputes to protect the reputation of both Parties in connection with the disputes.Now it is hereby agreed as follows:1. Both Parties will sign an Arbitration Agreement and submit the dispute of payment according to the Corporate Advance Payment Guarantee to Vietnam International Arbitration Centre (VIAC) and will get a decision of the Arbitral Tribunal recognizing of successful conciliation.2. To speed up the arbitration proceedings, the Parties agree that:2.1 The Arbitral Tribunal shall consist of a sole arbitrator. The sole arbitrator is Mr. Do Khac Chien-the arbitrator of VIAC.2.2 VIAC shall, within 3 (three) days from the date of receipt of the Petition, the arbitration agreement, other relevant documents and the costs of arbitration, send to LISEMCO a Notice, the Petition, the arbitration agreement and other relevant documents.2.3 LISEMCO shall, within 7 (seven) days from the date of receipt of the Notice, the Petition, the arbitration agreement and other relevant documents sent by VIAC, submit to the VIAC a self-defense statement.2.4 The Parties request the Arbitral Tribunal to conduct a conciliation between two Parties.2.5 The Arbitral Tribunal shall, within 20 (twenty) days from the date of receipt of the Petition and not later than 10 (ten) days from the date of receiving the self-defense statement of LISEMCO, open a hearing for conciliation. The location of hearing shall be the headquarter of VIAC, no. 9 Dao Duy Anh Street, Dong Da District, Hanoi, Vietnam. 2.6 The Arbitral Tribunal shall, within 30 (thirty) days from the date of receipt of the Petition and not later than 10 (ten) days from the date of successful conciliation, shall issue a decision recognizing of successful conciliation between IEE and LISEMCO.3. As soon As the dispute submit to VIAC, both Parties commit to agree as follows:-LISEMCO shall pay the amount of USD 1,800 IEE, 000.00 (One million, eight hundred thousand US Dollar) for the received advance payments guaranteed by the Corporate Advance Payment Guarantee and the Performance Guarantee according to the following schedule:• The first payment of amount to USD 1,000, 000.00 (One million US Dollar) shall be paid within December, 2015; • The final payment of amount to USD 800, 000.00 (Eight hundred thousand US Dollar) shall be paid within February, 2016.Furthermore, LISEMCO commit to pay additionally to the IEE bank interest of 6% per annum (six percent per annum) for the amount of the delayed payment.All the above mentioned payments from LISEMCO to IEE have to be made to the following bank account:Beneficiary's Name: INTER ENERGY EQUIPMENT Ltd.Address: Promitheos 14, Beneficiary's Street, Office 101, 1065 Nicosia, CyprusBeneficiary's Account No 0033004360 01 050507.0 (USD)IBAN: CY19 0120 0003 3004 3600 7010 5050 Beneficiary's Bank: Societe Generale Bank of Cyprus, Nicosia, Cyprus, SWIFT: SOGECY2N "After completing the above payment, LISEMCO shall not be obligated to pay under the Corporate Advance Payment Guarantee and the Performance Guarantee. All rights/obligations of the Parties under the Corporate Advance Payment Guarantee, the Performance Guarantee, the Contracts No. 158-5 dated on 24th November, 2012, no. 158-1 dated on 4th April, 2011, no. 158-2 dated on 4th April, 2011, no. 158-3 dated on 7th October, 2011, and all related Appendices and/or Additional Agreements signed between IEE and LISEMCO will be terminated.4. The Parties agree to share equally the arbitration costs and LISEMCO agree to transfer 287.000 USD 000 (two hundred eighty seven million Vietnam Dong) of 50% of the arbitration costs into the account of the STICK & Partners-the authorized representative of IEE at:Beneficiary's name: bar & PartnersBeneficiary's account: 1221.0000.326193Bank Name: Bank for Investment and Development of Vietnam (BIDV)-HA THANH BranchBank Address: 74 Tho Nhuom Str., Tran Hung Dao, Hoan Kiem District, Hanoi, VietnamThis agreement is preliminary to the Parties to conduct further procedures to settle the disputes at VIAC in accordance with its Rules of Arbitration.This Preliminary Agreement is made and signed in 2 (two) authentic originals in English and Vietnamese with prevailing of English wording in case of discrepancies between both of them, one is the original for each Party.The Parties hereto have executed this Preliminary Agreement this _ _ _ _ _ _ day of September, 2015.

Kết quả (Anh) 2:

Preliminary AGREEMENT
Hanoi, September ......, 2015 Inter Energy Equipment Limited, Nicosia, Cyprus, hereinafter Referred to as "IEE", on the one part, and LISEMCO Joint Stock Company, Hai Phong, Vietnam, hereinafter Referred to as "LISEMCO" on the other part, together hereinafter Referred to as "the Parties", WHEREAS: - The Parties wish to settle amicably all Disputes Quickly print and the Advance Payment Guarantee relation with No. 001 / 158-5 for USD 1,368,208.00 Issued on 28th January, 2015 by LISEMCO (Advance Payment Guarantee the Corporate); the Performance Guarantee No. 32136370002045 for USD 533,332.80 Issued on 21st May, 2013 by BIDV, Vietnam (the Performance Guarantee); the Contracts No. 158-1 dated on 4th April, 2011, No. 158-2 dated on 4th April, 2011, No. 158-3 dated on 7th October, 2011, No. 158-5 dated on 23rd November, 2012 and any subsequent Appendices / Additional Agreements signed the between IEE and LISEMCO; - To Ensure enforceability of the reached agreement and keep tial of the commercial and to protect the reputation Financial Disputes of Both Parties in connection with the Disputes. Now it is hereby Agreed to as follows: 1. Both Parties will sign an Arbitration Agreement and submit the Dispute of payment theo Advance Payment Guarantee Corporate International Arbitration Centre to Vietnam (VIAC) and will get a Decision of the Arbitral Tribunal of successful Recognizing Conciliation. 2. To speed up the Arbitration proceedings, the Parties agree mà: The Arbitral Tribunal shall only 2.1 consist of a sole arbitrator. The sole arbitrator is Mr. Do Khac Chien - the arbitrator of VIAC. 2.2 VIAC Shall, within 3 (three) days from the date of receipt of the Petition, the Arbitration agreement, the relevant other documents and the Costs of Arbitration, send to LISEMCO a Notice, the Petition, the Arbitration agreement and the relevant other documents. 2.3 LISEMCO Shall, Within 7 (seven) days from the date of receipt of the Notice, the Petition, the Arbitration agreement and other documents sent by the relevant VIAC, submit to the VIAC a self-defense statement . 2.4 The Parties request the Arbitral Tribunal CONDUCT a Conciliation giữa two Parties. The Arbitral Tribunal shall only 2.5, Within 20 (twenty) days from the date of receipt of the Petition and not later coal 10 (ten) days from the date of Receiving the self-defense statement of LISEMCO, open a hearing for Conciliation. The location of hearing shall only be the HQ of VIAC, No. 9 Dao Duy Anh Street, Dong Da District, Hanoi, Vietnam. The Arbitral Tribunal shall only 2.6, Within 30 (thirty) days from the date of receipt of the Petition and not later coal 10 (ten) days from the date of successful Conciliation, Recognizing shall only issue a Decision of the between IEE and LISEMCO Conciliation successful. 3. As soon as the Dispute submitted to VIAC, cả Parties commit to agree to as follows: - LISEMCO shall only pay the amount of USD 1,800,000.00 IEE (One million, eight hundred thousand US Dollar) for the received advance payments guaranteed by the Advance Payment Guarantee and Corporate the Performance Guarantee theo sau schedule: • The first payment of USD 1,000,000.00 large amount (One million US Dollar) shall only be paid trong December, 2015; • The final payment of USD 800,000.00 big amount (Eight hundred thousand US Dollar) shall only be trong paid February, 2016. Furthermore, LISEMCO commit to pay the bank interest IEE nữa to 6% per annum of (six percent per annum) for the amount of the delayed payment. All the above Mentioned from LISEMCO payments have to be made ​​to IEE to những bank account: Beneficiary's Name: INTER ENERGY EQUIPMENT LTD. Beneficiary's Address: 14 Promitheos Street, Office 101, 1065 Nicosia, Cyprus Beneficiary's Account No. 0033004360 050 507 01 0 (USD) IBAN: CY19 0120 0003 3004 3600 7010 5050 Beneficiary's Bank: Societe Generale Bank of Cyprus, Nicosia, Cyprus, SWIFT: SOGECY2N " After Completing the above payment, LISEMCO Shall not be obligated to pay under the Corporate Advance Payment Guarantee and the Performance Guarantee. All rights / obligations of the Parties under the Advance Payment Guarantee Corporate, the Performance Guarantee, the Contracts No. 158-5 dated on 23rd November, 2012, No. 158-1 dated on 4th April, 2011, No. 158-2 dated on 4th April, 2011, No. 158-3 dated on 7th October, 2011, and all related Appendices and / or Additional Agreements signed the between IEE and LISEMCO will be terminated. 4. The Parties agree to share Equally the Arbitration Costs and LISEMCO agree to transfer VND 287 million (two hundred eighty seven million Vietnam Dong) of 50% of the Arbitration Costs Into the account of THANH & Partners - the Authorized Representative of IEE at: Beneficiary's name: LIQUIDATION & Partners Beneficiary's account: 1221.0000.326193 Bank Name: The Bank for Investment and Development of Vietnam (BIDV) - THANH HA Branch Bank Address: 74 dyers Str., Tran Hung Dao Commune, Hoan Kiem District, Hanoi, Vietnam This agreement is to the Parties to Preliminary CONDUCT Further to settle the Disputes Procedures at its VIAC print accordance with Rules of Arbitration. This Preliminary Agreement is made ​​and signed in 2 (two) authentic originals in English and Vietnamese with English wording of print relevant in the prevailing case of discrepancies the between cả of add, one original is for each Party. The Parties hereto have executed this Agreement this Preliminary ______day of September, 2015.