TERMINATION AGREEMENT
This
Agreement, dated as of March 25, 2008, is made by and between Ethanex Energy,
Inc., a Nevada corporation (“Ethanex”),
and
Xxxxxx Inc., a Minnesota
corporation (“Bühler”).
Ethanex and Bühler hereby agree as follows:
1. Termination
of Joint Marketing Agreement.
The
Joint Marketing Agreement dated as of April 20, 2007 by and between Ethanex
and Bühler (as amended to date, the “Joint Marketing Agreement”) is terminated
and neither party has any further obligation thereunder except that Section
2(d)
of the Joint Marketing Agreement shall survive.
2. Release
by Ethanex.
Ethanex
for itself and for and on behalf of all of its parent corporations, subsidiary
corporations, affiliated corporations, insurers, indemnitors, successors
and
assigns, together with all of the present and former directors, officers,
agents
and employees of any of the foregoing (collectively, the “Ethanex Parties”),
absolutely and unconditionally releases and forever discharges the Bühler
Parties from any and all claims, demands or causes of action of any kind,
nature
or description, whether arising in law or equity or upon contract or tort
or
under any state or federal law or otherwise, that any Ethanex Party has had,
now
has or has made claim to have against any Bühler Party for or by reason of any
act, omission, matter, cause or thing whatsoever arising from the beginning
of
time to and including the date of this Agreement, whether such claims, demands
and causes of action are matured or unmatured or known or unknown.
3. Release
by Bühler.
Bühler
for itself and for and on behalf of all of its parent corporations, subsidiary
corporations, affiliated corporations, insurers, indemnitors, successors
and
assigns, together with all of the present and former directors, officers,
agents
and employees of any of the foregoing (collectively, the “Bühler Parties”),
absolutely and unconditionally releases and forever discharges the Ethanex
Parties from any and all claims, demands or causes of action of any kind,
nature
or description, whether arising in law or equity or upon contract or tort
or
under any state or federal law or otherwise, that any Bühler Party has had, now
has or has made claim to have against any Ethanex Party for or by reason
of any
act, omission, matter, cause or thing whatsoever arising from the beginning
of
time to and including the date of this Agreement, whether such claims, demands
and causes of action are matured or unmatured or known or unknown.
4. Confidentiality
Agreement.
The
Confidentiality Agreement between the parties dated as of February 16, 2007
(as
the same may be amended, supplemented or restated from time to time, the
“Confidentiality Agreement”) remains in full force and effect. Each party will
promptly return to the other party all Confidential Information (as defined
in
the Confidentiality Agreement) of that party.
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of
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IN
WITNESS WHEREOF,
the
Parties hereto have executed this Agreement as of the date first set forth
above.
Xxxxxx
Inc.
00000
00xx
Xxxxxx Xxxxx
Xxxxxxxx,
XX 00000-0000
Attention:
Xxxx Xxxxxxx
Facsimile:
000-000-0000
|
BÜHLER
INC.
By /s/
Xxxx Xxxxxxx
Name:
Xxxx Xxxxxxx
Title:
President
XXXXXX
INC.
By /s/
Xxxxx Xxxxxxxx
Name:
Xxxxx Xxxxxxxx
Title:
Marketing Manager
|
00000
Xxxxxxxx Xxxx, Xxxxx X
Xxxxxxx,
XX 00000
Attention:
Xx Xxxxx
Facsimile:
000-000-0000
|
By /s/
Xxxxxx X. Xxxxx
Name:
Xxxxxx X. Xxxxx
Title:
President & CEO
|
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