AMENDMENT TO SETTLEMENT AGREEMENT
AMENDMENT TO SETTLEMENT
AGREEMENT
This Amendment to Settlement Agreement
(hereinafter the "Agreement") is made and entered into as of the __2nd___day of
November, 2009, by and between NEW INDUSTRIES INVESTMENT CONSULTANTS (HK) LTD,
(hereinafter referred to as “NIIC”) and LASERSIGHT INCORPORATED (“LSI”),
LASERSIGHT TECHNOLOGIES, INC. (“LST”), and LASERSIGHT PATENTS, INC. (“LPI”)
(LSI, LST and LPI are hereinafter referred to collectively as the
“LASERSIGHT”).
W I T N E S S E T
H:
WHEREAS, on or about October 22, 2009,
the parties hereto entered into that certain Settlement Agreement (“Settlement
Agreement”).
WHEREAS, the Boards of Directors of
each of the LASERSIGHT entities have approved the Settlement
Agreement.
WHEREAS, the sole shareholder of each
of the LST and LPI has approved the Settlement Agreement.
WHEREAS, the majority shareholder of
LSI has approved the Settlement Agreement.
WHEREAS, the parties desire to clarify
the provisions of the Settlement Agreement.
NOW, THEREFORE, incorporating the
foregoing recital of facts and in consideration of the mutual promises and
agreements herein set forth, the parties hereto agree as follows:
1. Section
B.A. of the Settlement Agreement – Effective Date – is hereby deleted in its
entirety and the following shall be inserted in lieu thereof:
“This
Agreement shall become effective upon the expiry of the period of sixty (60)
days from the date of this Settlement Agreement.”
2. Except
as expressly modified herein, the provisions of the Settlement Agreement shall
remaining full force and effect.
3. This
Amendment may be executed in multiple counterparts and all such counterparts
shall be taken together so that they may constitute a completely executed
agreement among the parties.
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This
Amendment is executed under seal by each of the parties hereto on the first
above-mentioned date.
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LASERSIGHT
INCORPORATED
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BY:
/s/Danghui(“Xxxxx”)Xxx
(SEAL)
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PRINT
NAME: Danghui (“Xxxxx”) Liu
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TITLE:
President
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LASERSIGHT
TECHNOLOGIES, INC.
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BY: /s/Danghui(“Xxxxx”)Xxx
(SEAL)
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PRINT
NAME: Danghui (“Xxxxx”) Liu
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TITLE:
President
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[SIGNATURE
BLOCKS CONTINUED ON NEXT PAGE]
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LASERSIGHT
PATENTS, INC.
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BY:
/s/Danghui(“Xxxxx”)Xxx
(SEAL)
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PRINT
NAME: Danghui (“Xxxxx”) Liu
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TITLE:
President
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NEW
INDUSTRIES INVESTMENT
CONSULTANTS
(HK) LTD.
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BY:
/s/Xx Xx
(SEAL)
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PRINT
NAME: Xx
XX
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TITLE:
President
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