EXH 10.52
VIA ONE TECHNOLOGIES, INC.
000 Xxxxxxxx, Xxxxx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
February 20, 2003
Xx. Xxxxx Xxxxxxxxx
President and CEO
Phone 1
000 Xxxxx Xxxxxxxx Xxxxxxxxx
00xx Xxxxx
Xxxxx, XX 00000
Dear Xx. Xxxxxxxxx:
I refer to that certain letter agreement (the "Initial Letter Agreement") dated
October 15, 2002 by and between Via One Technologies, Inc., a New Jersey
corporation ("Via One") and Phone1, Inc., a Florida corporation ("Phone1") (the
"Agreement") concerning a venture to develop a Phone1 branded calling
card/service.
This letter shall serve to confirm the following: (a) the Agreement has been
cancelled and shall be of no further force or effect, (b) neither Via One nor
Phone1 shall have any rights or obligations relative to, or arising from, the
Agreement, (c) Via One and Phone1 mutually release on another from any and all
claims or actions relative to, or arising from, the Agreement, and (d) the
cancellation, waiver and release described in (a) through (c) above have been
agreed to by Via One at the request of Phone1 and based on the parties'
commitment to use their mutual good faith efforts to negotiate and execute a
"Phone1 branded services" agreement as a replacement for the Agreement; the
scope and all of the terms and conditions of which shall be subject to such good
faith negotiations.
If you agree to the foregoing, please sign on behalf of Phone1 where indicated
below:
Very truly yours,
VIA ONE TECHNOLOGIES, INC.
By: /s/ Xxxxxx Xxxxxxxx Date: 2/20/03
------------------- -------
Name: Xxxxxx Xxxxxxxx
Title: President
Agreed and Accepted:
PHONE1, INC.
By: /s/ Xxxxx Xxxxxxxxx Date: 2/20/03
------------------- -------
Name: Xxxxx Xxxxxxxxx
Title: President
