DATA#3 LIMITED — Board/Management Information 2023

Nov 23, 2023

==> picture [483 x 67] intentionally omitted <==

24 November 2023

ASX Markets Announcements Office Australian Securities Exchange

Summary of Material Contract Terms for incoming Chief Executive Officer

In accordance with Listing Rule 3.16.4, Data#3 Limited advises the material terms of the employment agreement with Mr Bradley Colledge for the role of Chief Executive Officer (CEO) of Data[#] 3. This agreement was entered into today following the CEO and MD succession announcement of 30 October, 2023.

The key remuneration and contract terms of Mr Colledge’s employment agreement are set out below:

Effect Date: 1 March, 2024 Term: Ongoing On Target Earnings : $857,398.80 (Base Salary, STI, Superannuation). Base Salary: $560,000.00 Short Term Variable Rewards: $270,000.00 Long Term Incentive: Consideration of a Long Term Incentive for FY25 will be considered and put to shareholders at the 2024 AGM. (For FY24, as Executive General Manager, Mr Colledge has been issued 21,964 performance rights in accordance with the LTI Plan Rules (3 year)).

Termination Provisions: Resignation by Mr Colledge

Mr Colledge may terminate his employment agreement at any time by giving Data[#] 3 6 months’ written notice. Data[#] 3 may at its discretion pay in lieu all or part of the notice period, at Base Salary only.

Termination by Data[#] 3 for cause Restraint :

Data[#] 3 may terminate Mr Colledge’s employment agreement for cause by providing the minimum statutory notice set out in the Fair Work Act 2009 or minimum three months (circumstance dependent).

6 month post-employment restraint.

Authorised for release by:

==> picture [188 x 23] intentionally omitted <==

Terence Bonner Company Secretary & General Counsel Data[#] 3 Limited