Mutual Agreement Sample Contracts

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Mutual Agreement (April 28th, 2016)

OMEGA PHARMA NV, a limited liability company incorporated under the laws of Belgium, with registered office at Venecoweg 26, 9810 Nazareth, registered in the Crossroad Bank of Enterprises under company number 0431.676.229 (RPR Gent, division Gent) (Omega);

FNB Bancorp – First National Bank of Northern California Reports Entering Into a Memorandum of Mutual Agreement to Amend Certain Salary Continuation Agreements (December 18th, 2015)

FNB Bancorp (QTCQB: FNBG), parent company of First National Bank of Northern California (the "Bank"), today announced the signing of a "Memorandum of Mutual Agreement to Amend Certain Salary Continuation Agreements." This agreement will affect certain Amendments that are currently being drafted into the existing Salary Continuation Agreements for the Bank's President, Chief Operating Officer, Chief Financial Officer, and Chief Lending Officer.

FNB Bancorp – Memorandum of Mutual Agreement to Amend Certain Salary Continuation Agreements (December 18th, 2015)

This Memorandum of Mutual Agreement to Amend Certain Salary Continuation Agreements is entered into by First National Bank of Northern California (hereafter referred to as "Employer") and Jim Black, Anthony Clifford, Dave Curtis, and Randy Brugioni (collectively hereafter referred to as "Participant(s)") as of December 18, 2015.

Vasomedical – Subordinated Security Agreement (June 4th, 2015)

THIS AGREEMENT (the "Agreement"), dated as of May 29, 2015, is entered into by and between (i) VASOMEDICAL, INC., a Delaware corporation ("Borrower" or "Parent") and (ii) MEDTECHNOLOGY INVESTMENTS LLC, a Florida limited liability company, (the "Lender"). In consideration of the mutual agreements contained herein, the parties hereto agree as follows:

Elite Books Inc – The Serbian Writers Association From Belgrade, Francuska No.7, Represented by Milan Djordjevic, the General Manager of the Association (Hereinafter Referred to as the " Association") and the "Elite Books Inc." a Nevada Company With an Office At, Toplicin Venac No. 17, Represented by Vesna Pesic, the CEO (Hereinafter Referred to as the "Merchant"), Have Agreed on a Collaboration and Produced This Agreement on Professional and Technical Collaboration Article 1 Association Agrees That a Merchant Will Offer for Sale the Association's Magazine, "The Serbian Literary Magazine." Article 2 the Objecti (July 11th, 2014)
United States Enrichment Corporation – Amendment to Tax Benefit Preservation Plan (March 5th, 2014)

This AMENDMENT, dated as of March 4, 2014 (this "Amendment"), to the Tax Benefit Preservation Plan, dated as of September 29, 2011 (the "Plan"), by and between USEC Inc., a Delaware corporation (the "Company") and Computershare Inc. (successor-in-interest to Mellon Investor Services, LLC), a New Jersey limited liability company (the "Rights Agent").

Moxian China, Inc. – License and Acquisition Agreement (February 25th, 2014)

This LICENSE AND ACQUISITION AGREEMENT (this "Agreement") becomes effective as of 21st day of February, 2014 (the "Effective Date") among Moxian Group Holdings, Inc., a Florida corporation (the "Licensor" or "MOXG"), Moxian Group Limited, a corporation incorporated under the laws of British Virgin Islands ("Moxian BVI"), Moxian China, Inc., a Nevada corporation (the "Licensee" or "MOXC"), and Moxian CN Group Limited, a corporation incorporated under the laws of Samoa ("Moxian CN SAMOA"). Each of the Licensor, Licensee, Moxian BVI, and Moxian CN SAMOA is referred to herein as a "Party" and collectively, as the "Parties."

MB Software – The Term "Product" Means Any Product Identified in Exhibit A. Product Additions to Exhibit a May Be Made Upon Mutual Agreement Between Manufacturer and Distributor as May Be Required to Fulfill the Terms and Obligations Hereunder, Which Mutual Agreement Shall Be in the Form of an Amendment to Exhibit A. (July 8th, 2013)
Homeowners of America Holding Corp – Homeowners of America, HOAIC Contract Addendum for Auto Line of Business (June 28th, 2013)

Item Description Date Payments 1 Contract Signing January 25, 2008 20,000 2 System Requirements Review February 1, 2008 0 3 System Demonstration -- Auto Rating & Issuance February 21, 2008 10,000 4 System Demonstration -- Claims March 17, 2008 5,000 5 Process Demonstration - POS March 31, 2008 5,000 6 Pre-Install April 4, 2008 0 7 LIVE -- Auto May 21, 2008 15,500 8 Post Development Completion July 15, 2008 Payment for Hardware 3rd Party software will be billed prior to ordering Estimated cost N/A TOTAL:

Nord Resources – Dear Wayne, We Confirm Having PURCHASED From You Under Our Contract A021101 as Follows Johnson Camp Copper Cathodes. January 1, 2013 Through March 31, 2013, and Then Renewable by Mutual Agreement Unless Otherwise Terminated as Provided Herein. One Hundred Percent (100%) of Production, Estimated at Three Hundred (300) Short Tons. As Produced. FCA Johnson Camp Refinery, Near Benson, AZ. (March 27th, 2013)

Nett cash by wire transfer in US Dollars to the Sellers nominated account on Monday of the following week of production after presentation of invoice and release.

First Amendment to Amended and Restated Section 382 Rights Agreement (March 15th, 2013)

This First Amendment, dated as of March 14, 2013 (this "Amendment"), to the Amended and Restated Section 382 Rights Agreement, dated as of March 18, 2010 (the "Section 382 Rights Agreement"), is made between PulteGroup, Inc., a Michigan corporation (the "Company"), and Computershare Trust Company, N.A., a federally chartered trust company (the "Rights Agent"). Capitalized terms not otherwise defined herein have the meanings given to such terms in the Section 382 Rights Agreement.

Eos Petro, Inc. – Eos Petro, Inc. (March 11th, 2013)
Hudson Pacific Properties – Hudson Pacific Properties, Inc. And Hudson Pacific Properties, L.P. 2010 Incentive Award Plan 2013 Outperformance Award Agreement (January 7th, 2013)

In consideration of the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Hudson Pacific Properties, Inc., a Maryland corporation (the "Company"), hereby grants to [_____] (the "Participant"), as of January 1, 2013 (the "Grant Date"), this Outperformance Incentive Award (the "Award") under the Company's 2010 Incentive Award Plan (as amended from time to time, the "Plan"). This Award, together with all other Awards granted pursuant to this 2013 Outperformance Award Agreement, shall constitute the Company's 2013 Outperformance Program (the "2013 OPP") under the Plan.

Fourth Amendment to Loan Agreement (November 14th, 2012)

THIS FOURTH AMENDMENT TO LOAN AGREEMENT (this "Amendment") is made and entered into as of this 9th day of November , 2012, by and between Daktronics, Inc. ("Borrower") and Bank of America, N.A. ("Lender").

Bonanza Goldfield Corp. – Letter Agreement With Pen-Mun Foo (October 28th, 2011)
Bonanza Goldfield Corp. – Letter Agreement With Pen-Mun Foo (October 28th, 2011)
Senior Housing Pptys Trust – First Amendment to Purchase Agreement (October 12th, 2011)

THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this Amendment) is made and entered into as of August 29, 2011 by and among CC-BOCA, INC., a Delaware corporation, CR CHEVY CHASE PARTNERSHIP, a Maryland general partnership, CC-DALLAS, INC., a Delaware corporation, HBC ASSOCIATES, LLC, a Delaware limited liability company, CC-PLANTATION, INC., a Delaware corporation, CC-POMPANO, INC., a Delaware corporation, CC-RENO, INC., a Delaware corporation, CR TEANECK LIMITED PARTNERSHIP, a New Jersey limited partnership, and CR RIVERDALE LIMITED PARTNERSHIP, a Delaware limited partnership (each, a Seller and, collectively, the Sellers), and SENIOR HOUSING PROPERTIES TRUST, a Maryland real estate investment trust (Purchaser).

Employer Shall Employ Executive as Chief Financial Officer or in Such Other Capacity or Capacities Employer's Board May From Time to Time Prescribe. The Executive Shall Serve at the Discretion of the Board of Directors And, Upon Mutual Agreement, May Be Assigned Other Titles and Duties as Long as the Financial Terms of This Agreement Are Not Altered. Executive Shall Have the Right to Vendor Other Services for Compensation or Engage in Other Business Activities as Long as It Does Not Detract From Executive's Performance Herein. During His Employment, Executive Shall Devote Such Time, Interest, (February 3rd, 2011)
Rafaella Apparel Group,Inc. – Logistics and Distribution Services Agreement (June 23rd, 2010)

This Agreement, along with each Annex attached hereto (collectively, the Agreement) is made as of this 17th day of June, 2010 by and between IDS USA Inc., a Delaware corporation, having offices at 2 Panasonic Way, Secaucus, New Jersey 07096 (hereinafter referred to as IDS) and Rafaella Apparel Group, Inc., a Delaware corporation, and its subsidiaries, having offices at 1411 Broadway, New York, New York 10018 (hereinafter referred to as the Client).

Exmovere Holdings, Inc. – Contract (June 8th, 2010)
July 2, 2004 ROBERT F. DUNNE 20180 NW Paulina Drive Portland, OR 97229 Dear Bob: (May 28th, 2010)

On behalf of Tripwire, Inc., I am pleased to offer you a position as Vice President of Sales reporting to the President/CEO at an annualized base salary of $230,000 paid semi-monthly at the rate of $9,583.33. You will be at a targeted, annual bonus of $100,000, 50% of which will be based on the achievement of quarterly objectives and 50% will be based on the achievement of annual objectives.

Standard Microsystems Corporation – Initially 3 Years, Renewable in 1 Year Increments by Mutual Agreement (April 28th, 2010)
Zurvita Holdings, Inc. – JARVIS Is One of the Founders of ZURVITA's Predecessor. As a Founder, JARVIS Assisted in (A) the Development of ZURVITA's Business, Marketing and Compensation Plans (The "Services"), (B) the Recruitment of Individuals to Become Independent Representatives, and (C) the Selection of the Products and Services Be Sold by ZURVITA. As Compensation, JARVIS Was Designated as an Independent Representative, Holding the "Master Representative" Position With ZURVITA. Given New Organizational Structure of ZURVITA, and Mindful of Her Contribution to ZURVITA, ZURVITA Wishes to Re-Structure JARVIS' Compensati (August 5th, 2009)
1. Purpose 1 2. Definitions and Interpretation 1 2.1 Definitions 1 2.2 Interpretation 5 3. Invitation to Participate 6 3.1 Invitations 6 3.2 Acceptance Form 7 3.3 Participants 7 4. Performance Shares 7 4.1 Grant of Performance Shares 7 4.2 Exercise of Performance Shares 8 4.3 Exercise or Award Price 8 5. Performance Hurdles 8 6. Minimum Shareholding Requirement 9 6.1 Setting Requirement 9 6.2 Application of Holding Lock 9 6.3 Shares Already Held 10 6.4 Enforcement by RemCo 10 6.5 Release Request 10 7. Other Provisions 10 7.1 New Issues 10 7.2 Grant Period 10 7.3 Securities Dealing Code 10 7.4 (September 15th, 2008)
Celera – AMENDMENT No. 4 to AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AS MANAGEMENT AND OPERATIONS CONTRACTOR FOR THE LAWRENCE BERKELEY NATIONAL LABORATORY AND BERKELEY HEARTLAB, a CALIFORNIA CORPORATION (May 1st, 2008)
Midwest Banc Holdings, Inc. – Midwest Banc Holdings, Inc. Mutual Agreement Re Severance and Retirement (March 14th, 2008)

THIS MUTUAL AGREEMENT RE SEVERANCE AND RETIREMENT (the Agreement), dated as of January 14, 2008 (the Effective Date), by and between JOHN EILERING (the Executive) and MIDWEST BANC HOLDINGS, INC. (the Company);

Scolr Pharma Inc – Agreement, Dated as of November 1, 2002, Between SCOLR, Inc., a Delaware Corporation (The "Company"), and OTR, Inc. (The "Rights Agent"). The Board of Directors of the Company Has Authorized and Declared a Dividend of One Preferred Share Purchase Right (A "Right") for Each Share of Common Stock, Par Value $0.001 Per Share, of the Company (A "Common Share") Outstanding on the Close of Business on November 12, 2002 (The "Record Date") and Has Authorized the Issuance of One Right With Respect to Each Additional Common Share That Shall Become Outstanding Between the Record Date and the Earliest of (March 11th, 2008)
Tree Top Industries – Contract (October 23rd, 2007)

AGREEMENT AND PLAN OF REORGANIZATION ("Agreement") dated as of October 19, 2007, between Tree Top Industries, Inc., a Nevada corporation ("Buyer"), and the stockholders whose names are listed on Schedule A annexed hereto, all of the stockholders (each individually a "Stockholder" and collectively the "Stockholders") of Ludicrous, Inc., a Nevada corporation ("Company"). The Stockholders own an aggregate of 68,000,000 shares of voting common stock, $.001 par value, of the Company, constituting all of the issued and outstanding capital stock of the Company (the "Shares"). The Buyer desires to acquire all of the Shares for voting common stock, par value $.001 per share, of the Buyer, in an exchange that qualifies under Sections 354 and 368 of the Internal Revenue Code of 1954, as amended. This Agreement is being entered into for the purpose of implementing the foregoing desires and sets forth the terms and conditions pursuant to which the Stockholder

Th WebSearch Services Est. Query Vol./Day WebSearch Site: See Section 3 Th News Search Services Est. Query Vol./Day News Search Site: See Section 3 *Provision of This Service Is Subject to Subsequent Mutual Agreement as Per Section 5 Th Image Search Services Est. Query Vol./Day Image Search Site: See Section 3 *Provision of This Service Is Subject to Subsequent Mutual Agreement as Per Section 6 O Directory Search Services Est. Query Vol./Day Directory Search Site: (October 11th, 2007)

*CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

Diversey, Inc. – The Following Sets Forth Our Mutual Agreement (Agreement) Regarding Your Separation From the Company: (August 9th, 2007)
Laureate Education – Contract (July 3rd, 2007)

AMENDMENT NO. 1 dated as of June 29, 2007 (this Amendment), to the Employment Agreement dated as of June 30, 2004 (the Original Agreement), by and between LAUREATE EDUCATION, INC., a Maryland corporation (the Company) and Douglas L. Becker (the Executive).

MSTI Holdings, Inc. – Scope. The Company Hereby Engages Granite to Act as Placement Agent During the Term in Connection With the Transaction(s). The Goal of the Engagement Is to Raise Up to $12.5 Million in Capital for the Company to Be Used for Growth Opportunities and General Working Capital Purposes. Granite Shall Assist the Company and Shall, on Behalf of the Company, Contact Such Potential Investors as Granite and the Company Agree in Advance. Granite Shall Assist the Company in Effecting the Transaction(s), and Shall Use Its Best Efforts to Offer and Sell the Securities in Accordance With This Agreement. Gran (May 29th, 2007)

If the foregoing correctly sets forth your understanding and intentions, please so indicate by returning to us a signed copy of this letter.

MSTI Holdings, Inc. – Scope. The Company Hereby Engages PCA to Act as Placement Agent During the Term in Connection With the Transaction(s). The Goal of the Engagement Is to Raise Up to $12.5 Million in Capital for the Company to Be Used for Growth Opportunities and General Working Capital Purposes. PCA Shall Assist the Company and Shall, on Behalf of the Company, Contact Such Potential Investors as PCA and the Company Agree in Advance. PCA Shall Assist the Company in Effecting the Transaction(s), and Shall Use Its Best Efforts to Offer and Sell the Securities in Accordance With This Agreement. PCA Shall Market to (May 29th, 2007)

If the foregoing correctly sets forth your understanding and intentions, please so indicate by returning to us a signed copy of this letter.

Dgse Companies Inc – THIS LEASE, Made and Entered Into This the 17th Day of January, 2005 by and Between BELLE-HALL DEVELOPMENT PHASE III LIMITED PARTNERSHIP, a South Carolina Limited Partnership (Hereinafter Called "Landlord") and DGSE COMPANIES, INC., a Nevada Corporation (Hereinafter Called "Tennant"); That for and in Consideration of the Mutual Agreement of the Parties, Including the Rental Agreed to Be Paid by Tenant to Landlord, Landlord Leases and Demises to Tenant, and Tenant Leases, Demises and Rents From Landlord the Following Described Premises on the Terms and Conditions Set Out in This Lease and in th (February 26th, 2007)

Tenant will advertise a minimum of six times each year in shopping center cooperative advertising newspaper sections, tabloids, or mail pieces in an amount of at lease twenty newspaper inched per individual advertising program. Such advertising may be applied toward the required two percent (2%) required under the provisions of Paragraph 12. Tenant agrees to refer to the name and address of the Shopping Center in designating the location of the Premises in all newspaper and other advertising, stationery, other printed material and all other references to location of the Premises; to include the address and identity of its business activity in the Premises in all of its advertising in which the address and identity of any other business activity of like character conducted by Tenant within the area serviced by the Shopping Center shall be mentioned and to use the Tenant's Trade Name as set forth in this Lease

Scientific Advisory Board Chairman Agreement (February 1st, 2007)

This Scientific Advisory Board Chairman Agreement (this Agreement) dated as of January 26, 2007 (the Effective Date) is by and between ArQule, Inc. (the Company) located at 19 Presidential Way, Woburn, MA 01801 and Chiang J. Li, M.D. (the Consultant).