Ann: Receipt of Request for Joint ICC Arbitration Proceedings, page-117

• Cominière must comply with Section 11.1 of the Dathcom JVA (being the requirement to adjudicate any disputes via arbitration before the ICC) and to refrain from bringing any litigation in connection with the Dathcom JVA and/or the termination it claims to have effected, before the courts in the Democratic Republic of Congo (DRC), until the final award on the merits of the broader Cominière Arbitration Proceedings is made;
• any violation to the abovementioned orders, will be subject to a penalty of 50,000 Euros per day of violation and any dispute concerning the liquidation of the penalty,shall be reserved for the arbitral tribunal as part of the Cominière Arbitration Proceedings, which will rule on the issue of the validity of the termination of the JVA;