EXHIBIT 10.29
FINANCIAL CONSULTING AGREEMENT
This agreement is made by and between Lifestream Technologies, Inc. (the
"Company") and Extol International Corporation (Xxxxx X. Xxxxx) having its
principal office at 000 Xxxxxx Xx., Xxxxxxxxx, XX 00000 (the "Consultant").
In consideration of the mutual promises contained herein and on the
terms and conditions hereinafter set forth, the Company and Consultant agree as
follows:
PROVISION OF SERVICES: Consultant, at Company's direction, will conduct an
investor relations program for Lifestream Technologies, Inc. for three (3)
months following the receipt by Consultant of the compensation set forth in
paragraph 2 hereunder. It is understood that Consultant, is a shareholder of
Lifestream Technologies, Inc. ("Lifestream") and is interested in introducing
Lifestream to the investment community through a variety of venue. By this
agreement, Company is retaining Consultant to engage in an investor relations
effort designed to publicize Lifestream in which the Consultant shall use its
best efforts in the furnishing of advice and recommendations, and for this
purpose consultant shall, at all times, maintain or keep and make available
qualified persons or a network of qualified outside professionals for the
performance of its obligations under this agreement.
1. COMPENSATION
(A) The total cost for the Consultant's services is 4,800,000 free
trading shares of stock in Lifestream Technologies Inc. as payment for
the consulting agreement. Please issue stock certificate to Xxxxx X.
Xxxxx Trust U/A dated 2/20/04.
2. LIABILITY; INDEMENIFICATION
(A) The Company shall indemnify, hold harmless and defend
Consultant and its officers, directors, employees and agents from,
against and in respect of any loss, damage, liability, judgment cost or
expense whatsoever, including counsel fees, suffered or incurred by it
or him by reason of, or on account of, its status or activities as a
consultant to Company hereunder, except for any loss, damage,
liability, judgment, cost or expense resulting from willful
malfeasance, bad faith or gross negligence in the performance of
Consultant's duties hereunder.
3. STATUS OF CONSULTANT
Consultant shall at all times be an independent contractor of
the Company and, except as expressly provided or authorized by this
Agreement, shall have no authority to act for or represent the Company.
The Company acknowledges that the Consultant may, from time to time,
subcontract the performance of certain of its services hereunder to
third parties, in which event the Consultant shall be responsible for
the timely and professional performance of such services as if the
Consultant had provided same.
4. OTHER ACTIVITIES OF CONSULTANT
The Company recognizes that Consultant now renders and may
continue to render management and other services to other Companies,
which may or may not have policies and conduct activities similar to
those of the Company. Consultant shall be free to render such advice
and other services and the Company hereby consents thereto. Consultant
shall not be required to devote its full time and attention to the
performance of its duties under this Agreement, but shall devote only
so much of its time and attention as it deems reasonable or necessary
for such purposes.
5. TERMS
Consulting agreement will become effective upon receipt of
signed contract and payment.
AGREED TO:
Lifestream Technologies, Inc. Extol International Corporation
/s/Xxxxxxxxxxx Xxxx /s/ Xxxxx Xxxxx
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Xxxxxxxxxxx Xxxx, CEO Xxxxx X. Xxxxx
Dated: 10/29/04 Dated: 10/29/04
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