PROPERTY OPTION AGREEMENT AMENDMENT
PROPERTY OPTION AGREEMENT
AMENDMENT
THIS AGREEMENT is dated for
reference the 20th day
of August, 2008.
AMONG:
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Xxxxxx
Xxxxxx, xx
Xxx 00 Xxxxxxxx, Xxxxxxxxxxxx, X0X
0X0;
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(the
"Optionor")
OF
THE FIRST PART
AND:
Legend Mining, Inc, a company
duly incorporated under the laws of the State of Nevada and having offices at
Xxxxx 000, 0-00 XxXxxxxxx Xxxx, Xxxxxx Xxxxxxxx, Xxxxxxxxx, Xxxxxxxxx Xxxxxxxx,
Xxxxx;
(the
"Optionee")
OF
THE SECOND PART
WHEREAS:
A. The
Optionor granted an option to the Optionee, pursuant to the terms of a property
option agreement dated January 28, 2008 between the parties hereto (the
“Agreement”), to purchase a 100% registered and beneficial interest in the
mineral claims identified in the first paragraph of the Agreement as
the "Property";
B. The
Optionee requires, and the Optionor has agreed, to extend the time to make
certain payments as set forth and required in the Agreement;
IN CONSIDERATION OF the mutual
promises set forth below, the Optionor and the Optionee agree as
follows:
1.
GRANT OF
EXTENTION OF TIME TO MAKE FIRST OPTION PAYMENT.
The
Optionor hereby grants to the Optionee an extension of time to make the $15,000
payment previously required to be made on September 30, 2008, to March 31, 2009.
Provided however, that notwithstanding the foregoing, and in any event, at any
time after the 30th day of
October, 2008 the Optionor, on 48 hours notice, may require said payment to be
made forthwith, and in the event of a failure to make said payment the default
provisions of the Agreement shall apply.
2. GRANT OF EXTENTION OF TIME
TO MAKE EXPENDITURES
The
Optionor hereby grants to the Optionee an extension of time to incur the $50,000
in expenditures previously required to be made by September 30, 2008, to June
30, 2009.
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3. FURTHER
ASSURANCES
Each of
the parties covenants and agrees, from time to time and at all times, to do all
such further acts and execute and deliver all such further deeds, documents and
assurances as may be reasonably required in order to fully perform and carry out
the terms and intent of this Agreement.
4. TIME OF THE
ESSENCE
Time
shall be of the essence in the performance of this Agreement.
5. ENUREMENT
This
Agreement shall enure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns.
6. SEVERABILITY
If any
one or more of the provisions contained herein should be invalid, illegal or
unenforceable in any respect in any jurisdiction, the validity, legality and
enforceability of such provisions shall not in any way be affected or impaired
thereby in any other jurisdiction and the validity, legality and enforceability
of the remaining provisions contained herein shall not in any way be affected or
impaired thereby.
7. AMENDMENT
This
Agreement may not be changed orally but only by an agreement in writing, signed
by the party against which enforcement, waiver, change, modification or
discharge is sought.
8. GOVERNING
LAW
This
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Nevada, USA.
9. NOTICE
Any
notice, direction, or other instrument required or permitted to be given under
this Agreement shall be in writing and shall be given by the delivery of same or
by mailing same by prepaid registered or certified mail or by sending same by
telefacsimile or other similar form of communication, in each case addressed to
the intended recipient at the address of the respective party set out on the
first page hereof.
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Any
notice, direction, or other instrument aforesaid will, if delivered, be deemed
to have been given and received on the day it was delivered, and if mailed, be
deemed to have been given and received on the fifth business day following the
day of mailing, except in the event of disruption of the postal service in which
event notice will be deemed to be received only when actually received and, if
sent by telefacsimile or other similar form of communication, be deemed to have
been given and received on the day it was actually received.
Any party
may at any time give notice in writing to the others of any change of address,
and from and after the giving of such notice, the address therein specified will
be deemed to be the address of such party for the purposes of giving notice
hereunder.
IN WITNESS WHEREOF the parties
hereto have duly executed this agreement this 20th day of
August, 2008.
Legend Mining
Ltd.
Per: /s/Xxx
Xxxx
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Xxx
Xxxx, President & CEO
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/s/Xxxxxx
Xxxxxx
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Xxxxxx
Xxxxxx
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