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EXHIBIT 10.1

 

Memorandum of Understanding for Proposed Manufacturing

and Distribution Agreement in Malaysia with ZAP

 

CONFIDENTIAL AND PROPRIETARY INFORMATION

Binding MEMORANDUM OF UNDERSTANDING for proposed Manufacturing

and Distribution Agreement in Malaysia with ZAP

August 17, 2009

 

The following is a Memorandum of Understanding with respect to a proposed transaction between ZAP (“ZAP”), a California incorporated company, with headquarters at Santa Rosa, California and ETI Tech Corporation Berhad (“ETI Tech” or “the Company”), headquartered in Kulim, Kedah Darul Aman, Malaysia.

 

This Memorandum of Understanding is intended to provide a framework for final contract agreement regarding ZAP’s proposed Manufacturing and Distribution Agreement with ETI Tech (“the Transaction”) and is meant to be binding while final contract agreement is being completed. Accordingly, all terms under “Fees and Expenses”, “Confidentiality” and “Governing Law”, are binding while the companies enter into definitive agreements regarding the subject matter of this Memorandum of Understanding.

 

Parties

ZAP (“ZAP”), headquartered at 501 4 th Street Santa Rosa CA 95401 USA, was founded in 1994 and listed on NYSE in 2006. ZAP is a leading global distributor of alternative fuel technology vehicles with more than 50 dealers in t


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