0001019687-09-004144 Sample Contracts

ESCROW AGREEMENT
Escrow Agreement • November 16th, 2009 • Vivakor, Inc. • Services-commercial physical & biological research • California

ESCROW AGREEMENT (this “Agreement”), dated as of October 1, 2009 by and between Christopher A. Wilson, a licensed attorney in the State of California (State Bar No. 130770) (“Escrow Agent”), and each of Vivakor, Inc., a Nevada corporation (“Vivakor”) and Newport Capital Management, LLC (“Newport”). Newport and Vivakor are collectively referred to as the “Parties.”

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COMMON STOCK PURCHASE AGREEMENT
Common Stock Purchase Agreement • November 16th, 2009 • Vivakor, Inc. • Services-commercial physical & biological research • Nevada

THIS COMMON STOCK PURCHASE AGREEMENT (the “Agreement”) is entered into as of August 21, 2009 (the “Effective Date”) by and among Vivakor, Inc., a Nevada corporation (the “Seller” or “Company”), and IME Capital, LLC (the “Investor”).

PROMISSORY NOTE MODIFICATION AND EXTENSION AGREEMENT
Extension Agreement • November 16th, 2009 • Vivakor, Inc. • Services-commercial physical & biological research

THIS AGREEMENT is by and between Newport Capital Management, LLC (hereinafter referred to as “Investor”), and Vivakor, Inc., a Nevada Corporation (hereinafter referred to as the “Holder”), and shall have an effective date of October 19, 2009.

PROMISSORY NOTE MODIFICATION AND EXTENSION AGREEMENT
Promissory Note Modification • November 16th, 2009 • Vivakor, Inc. • Services-commercial physical & biological research

THIS AGREEMENT is by and between IME Capital, LLC (hereinafter referred to as “Investor”), and Vivakor, Inc., a Nevada Corporation (hereinafter referred to as the “Holder”), and shall have an effective date of October 20, 2009.

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