Exhibit 10.16.9
23 January 2008
BIWATER PLC
-and-
CASCAL N.V.
-and-
T.W.A. BARKER AND OTHERS
DEED OF AGREEMENT
BIWATER RETIREMENT AND SECURITY
SCHEME
Herbert Smith LLP
THIS DEED OF AGREEMENT is made the 23 day of January 2008
BETWEEN:
RECITALS
(1) BIWATER PLC whose registered office is at Biwater House, Station Approach, Dorking, Surrey RH4
1TZ (company registration number 929686) ( “Biwater” )
(2) CASCAL N.V. at Strawinskylaan 3105, 1077 ZX whose registered office is in Amsterdam, the
Netherlands ( “Cascal” )
(3) TERENCE WILLIAM ALBERT BARKER of “the Willows”, 20 Holme Park, Upper Newbold,
Chesterfield, Derbyshire S41 8XB NORMAN ERIC DODD of 5 Ashworth Avenue, Urmston,
Manchester M41 8TH MARTIN ROBERT ANTHONY DUFFY of 4 Ashwood Park, Lower Road,
Fetcham, Surrey KT22 9NT JOHN ERNEST ALFRED KERSLAKE of Ivy House, Stack Hills Road,
Todmorden, Lancashire, OL14 5QW ANTHONY JOHN READ of 4 Hazlemere Drive, St Leonards,
Ringwood, Hants and BARRY SHORT of 15 Rimbury Way, Christchurch, Dorset BH23 2RQ (all
together the “Trustees” )
A. The Trustees are the present trustees of BRASS.
B. Biwater is the current principal employer of BRASS.
C. Biwater and the Trustees entered into the 2006 Agreement which set out various rights and obligations in
relation to the purchase by Biwater of N.V. Nuon Global Water Solutions’ 50% interest in Cascal.
D. Biwater is contemplating an initial public offering of shares in Cascal in January 2008 which would constitute
a Recapitalisation under the terms of the 2006 Agreement. The IPO would consist of Biwater selling part of
Exhibit 10.16.9
23 January 2008
BIWATER PLC
-and-
CASCAL N.V.
-and-
T.W.A. BARKER AND OTHERS
DEED OF AGREEMENT
BIWATER RETIREMENT AND SECURITY
SCHEME
Herbert Smith LLP
THIS DEED OF AGREEMENT is made the 23 day of January 2008
BETWEEN:
RECITALS
(1) BIWATER PLC whose registered office is at Biwater House, Station Approach, Dorking,