Effective: March 28, 2024 

NV1 Boat Reservation Agreement 

This NV1 Boat Reservation Agreement (“Agreement”) is between ENVGO Inc. (“ENVGO”) and you, the individual or entity who wishes to reserve a boat from ENVGO (“you”,”Customer”). 

If you have any questions about this Agreement, you can contact us by e-mail at reservations@nv-one.com. 

This Agreement does not constitute a sale. This Agreement does not lock in a production or delivery date. Your purchase of an NV1 Boat will be subject to you executing a Purchase Agreement, which sets out the applicable terms. Final price will be confirmed upon final vehicle selection and configuration, and reflected in the Purchase Agreement and accompanying documents. Net price presented at reservation excludes taxes/levies, shipping, and other fees. 

1. DEFINITIONS. 

1.1 “Deposit” means the amount that you provided to reserve your NV1 Boat for future purchase. 

1.3 “NV1 Boat” means the boat model(s) that may be offered by ENVGO to you. 1.4 “Reservation” means the transaction bound by this Agreement. 

2. RESERVATION. By entering into this Agreement, you confirm that you wish to reserve an NV1 Boat. You enter into this Agreement when we receive your Deposit (the “Effective Date”). You agree that payment of the Deposit constitutes acceptance of this Agreement. 

3. PURCHASE AGREEMENT. This Agreement does not constitute an agreement for the sale of any NV1 Boat. You acknowledge and agree that you will be required to enter into a legally binding agreement to make your actual purchase of an NV1 Boat (“Purchase Agreement”). You acknowledge and agree that this Agreement does contain any warranties, representations 

or covenants with regards to the NV1 Boat. The Purchase Agreement may be entered into by an affiliate or subsidiary of ENVGO. 

4. NON-BINDING RESERVATION DEPOSIT. 

4.1 You are under no obligation to purchase an NV1 Boat, and ENVGO is under no obligation to supply you with an NV1 Boat, subject to the reimbursement of your Deposit. 

4.2 You may obtain a refund of your Deposit by emailing reservations@nv-one.com with your request. Upon receipt of your request, ENVGO will promptly process your refund. 

4.3 The Deposit will be applied to the purchase price of an NV1 Boat upon signature of a Purchase Agreement. 

4.4 This Agreement does not make any guarantees as to the price, configuration, specification, or delivery date of any NV1 Boat, nor does it guarantee that you will be able to purchase an NV1 Boat. You agree and understand that the NV1 Boat is under development and may suffer delayed commercialization in some or all regions. 

4.5 You agree and understand that we do not represent or warrant that the NV1 Boat will be completed or delivered. The Boat is under development or manufacturing and additional regulatory concerns may result in delayed commercialization in some regions. We are not responsible for these delays or inability to deliver, and we will reimburse the Deposit if, at our discretion, we deem it necessary to cancel the pre-order.

Effective: March 28, 2024 

5. PRIORITY. ENVGO will establish your reservation sequence position in its sole discretion. ENVGO may decline reservations to avoid over-subscription, or as ENVGO deems appropriate in its sole discretion. If your reservation is declined, you will be notified and your Deposit will be refunded. 

6. DELIVERY. You acknowledge and agree that the method and location of delivery of the NV1 Boat will be confirmed at a later date. You agree and understand that deliveries may occur through a third party, such as a dealership. The Purchase Agreement will confirm your commitment to pick up the NV1 Boat in a timely way. 

7. GOVERNING LAWS. This Agreement is governed by the laws of Ontario as well as the laws of Canada applicable therein without regard to conflict of laws provisions. 

8. PERSONAL INFORMATION. You agree and understand that we will collect, use and disclose your personal information in accordance with our Privacy Policy. The Privacy Policy is subject to change from time to time and the latest version on our website is applicable and shows the latest changes. 

9. LIMITATION OF LIABILITY. To the maximum extent permitted by law, (a) ENVGO will not be liable to you for any indirect, special, incidental, consequential or exemplary damages in connection with this Agreement, including, without limitation, loss of data, loss of profits, or otherwise, but excluding any damages which cannot be excluded under applicable laws and (b) ENVGO’s liability to you under this Agreement shall be limited to the value of the Deposit, unless such damages cannot be excluded under applicable laws. 

10. EXPORT CONTROL. You acknowledge and agree this Agreement is subject to export control laws. You represent and warrant that you are not on any restricted list pursuant to relevant export control laws, such as the United States Export Administration Act and Canada’s Export and Import Permits Act, and that you are not located in a country in the Area Control List (as defined in those regulations). 

11. BENEFIT OF THIRD PARTIES. This Agreement is personal to you. The limited rights under this Agreement to pre-order a Boat cannot be sold, traded or otherwise conferred to any third party. There are no third party beneficiaries to this Agreement. Unless mutually agreed by ENVGO and you, the individual entering into this Agreement is the only person with whom ENVGO will enter into a corresponding Boat Purchase Agreement. 

12. TERM; SURVIVAL. This Agreement enters into force at the Effective Date and ends upon the earlier of (a) the execution of a Purchase Agreement, (b) the reimbursement of the Deposit by ENVGO, or (c) by mutual agreement of the parties. All provisions which by their nature should survive the term of the Agreement shall survive the term of the Agreement. 

13. GENERAL. Any waiver of a breach of any provision to this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of this Agreement is held to be invalid or unenforceable, that part will be severed and the rest of the Agreement will remain in force. You may not assign this Agreement to anyone, and such assignment shall be considered null and void. ENVGO may transfer or assign this Agreement upon written notice to you, and such successor or permitted assignee shall be bound by the same terms and conditions as ENVGO. The parties acknowledge that they have required this Agreement and all related documents to be drafted in English. Les parties reconnaissent avoir demandé que le présent contrat ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. 

By submitting your Reservation Form to ENVGO on its website, you hereby agree to be bound by the terms of this Agreement.

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