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Exhibit 10.30
XX XXXXXXX
AND
COMPANY
Investment Research
and Financial Communications
================================================================================
CONTRACT
Customer Cayman Water Company, Ltd.
Date: November 17, 1998
Term of Contract: One Year
Contract Begins: December 1, 1998
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The undersigned, acting on behalf of CAYMAN WATER COMPANY, INC. ("the
customer"), hereby contracts with X. X. Xxxxxxx & Company, Inc., for a period of
not less than one year, for the provision of consulting services to include the
following:
(1) The preparation of at least two "Research Profile" reports during the next
twelve months;
(2) Distribution of such reports to the brokerage community, money managers,
mutual funds, and individual investors, upon request, or as instructed by the
customer, along with exposure of such reports on the STREETNET investor
information site on the Internet..
(3) Assistance in the writing and editing of shareholder communiques, annual
reports, etc., in order to optimize their effectiveness in conveying the
messages desired by management;
(4) The handling of all logistics involving the release of news to the financial
media and to the investment community, including "blast fax" exposure to brokers
and money managers;
(5) Interfacing with Nasdaq Stock Watch to assure that new releases are
distributed in accordance with appropriate regulations, and that Nasdaq is
notified in advance of pending news releases:
(6) Distribution of such communiques to the brokerage community, institutional
and individual investors, and research analysts at over 5,000 firms throughout
the U. S., Europe, and Canada;
(7) Telephone and personal meetings with individual investor groups,
regional/national brokerage firms, and/or institutional investors, when
appropriate;
(8) Arrangement of management presentations to stockbroker groups, research
analysts, and/or portfolio managers, on a selective basis, in various cities
around the U. S. and Canada; and
(9) Any other services involving investor relations, upon request (at an hourly
rate, when appropriate).
A Cash retainer fee for these services will be payable at the rate of $2.500 per
month, in advance. In addition to such monthly retainer, the customer will be
invoiced for reimbursement of expenses directly incurred in the provision of
X.X. Xxx 0000 Xxxxxxx Xxxxx, XX 00000
(000) 000-0000 ** Fax (000) 000-0000
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these services on a monthly basis. Such expenses will primarily involve
publishing, printing and postage costs related to the distribution of "Research
Profile" reports and shareholder communiques; telephone calls placed on the
customer's behalf, and travel expenses required to visit the customer and/or for
trips to visit brokerage firms/investor groups/institutions on behalf of the
customer (such trip expenses are pro-rated among several customers).
Documentation of these expenses will be provided on each monthly invoice, and
the customer agrees to reimburse X. X. Xxxxxxx & Company, Inc. for such expenses
within 30 days following receipt of such invoices.
In addition to the cash compensation outlined above, R. Xxxxx Xxxxxxx (as an
individual) will be granted an option to purchase 30,000 shares of CAYMAN WATER
COMPANY, LTD. common stock, with such option to be issued no later than December
15, 1998. This option shall expire twelve months after the termination of any
formal working relationship between Cayman Water Company, Ltd. and X. X. Xxxxxxx
& Company, Inc. The exercise price on the option will be equivalent to the
market price of the common stock on the closing transaction price, as reported
by Nasdaq, on December 15, 1998. Customer hereby agrees to register the shares
underlying this option whenever any other shares are registered with the SEC, or
within twelve months of the "start date" of this contact, whichever occurs
sooner.
This contract may be canceled by the Customer after twelve months, upon written
notice to be received by X. X. Xxxxxxx & Company within a ten-day period ending
December 1, 1999. If such notice is not forthcoming, the services of X. X.
Xxxxxxx & Company, Inc. will continue on a month-to-month basis. At any time
after completion of the initial one-year term of the contract's starting date,
either party may cancel the services of X. X. Xxxxxxx & Company, Inc. upon 60
days' written notice. If the customer chooses to terminate the services of X. X.
Xxxxxxx & Company, Inc. prior to December 1, 1999, customer agrees to pay X. X.
Xxxxxxx & Company, Inc. all advance retainer fees for the months remaining in
the initial twelve-month term of the contract, plus unreimbursed expenses.
In the event of dispute, the prevailing party will be entitled to recover its
costs, including reasonable attorney's fees.
The parties acknowledge that this contract is entered into in the state of
Colorado and that performance of the contract will be accomplished in the states
of Colorado and Texas.
This contract cannot be assigned without the agreement of both parties.
Signed:
J. Xxxxx Xxxx, Xx.
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J. Xxxxx Xxxx, Xx.
Vice Chairman of the Board
CAYMAN WATER COMPANY, LTD.
R. Xxxxx Xxxxxxx
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R. Xxxxx Xxxxxxx, CFA
President
X. X. Xxxxxxx & Company, Inc.
Date: 11/17/98
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Note- Please retain one original copy of this contract for your records, and
return one original copy to X. X. Xxxxxxx & Company, Inc.
