Termination and Release
Exhibit
10.2
Termination
and Release
This Termination and Release is made
April 24, 2009, between WindTamer Corporation (the "Company"), and Xxxxxxxx Xxxx
("Consultant).
RECITALS
A. The
parties mutually desire to terminate and cancel that certain Consulting
Agreement entered into by Consultant and Company on February 12, 2009, and to
terminate their relationship pursuant to such agreement (the “Consulting
Agreement”).
B. The
Consultant did not perform any services under the Consulting Agreement and the
Company did not make any payments to Consultant under the Consulting
Agreement.
In consideration of the premises and
mutual covenants set forth in this agreement, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, it
is agreed by and between Company and Consultant as follows:
1. Termination of
Agreement. The Consulting Agreement, and all rights, liabilities, and
obligations of the parties arising from such agreement, except as specified
here, shall terminate.
2. Acknowledgements. Consultant
acknowledges that no services were performed by Consultant under the Consulting
Agreement.
3. Release. Consultant
shall, and hereby does, release, remise, exonerate and forever discharge the
Company and any and all of its employees or agents from any and all debts,
liabilities, claims, demands, obligations, actions, or causes of actions of any
nature which Consultant, her legal representatives or assigns now have or may
hereafter acquire arising out of or in connection with the Consulting
Agreement.
In WITNESS WHEREOF, the parties
have executed this agreement on the day and year first above
written.
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Consultant
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WindTamer
Corporation
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/s/ Xxxxxxxx Xxxx
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/s/ Xxxxxx X. Xxxxx
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Xxxxxxxx
Xxxx
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By:
Xxxxxx X. Xxxxx
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Title: President
and CEO
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