EXHIBIT 10.24
AMENDMENT TO SERVICES AGREEMENT
THIS AMENDMENT AGREEMENT is dated the 24th day of August, 1999 and is made
between:
1. TGI Technologies Ltd., a British Columbia company with its office at 000
Xxxx 0xx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0, Xxxxxx (hereinafter
referred to as "TGI"); and
2. POPstar Global Communications Inc., a British Virgin Islands company with
its office at KPMG Centre, Tropic Isle Building, P.O. Box 3443, Road Town,
Tortola, British Virgin Islands (hereinafter referred to as "POPstar").
WHEREAS:
(A) TGI and POPstar have entered into a services agreement dated January 11,
1999 (the "Services Agreement").
(B) TGI and POPstar wish to enter into this Agreement under which they agree to
clarify certain of the provisions of the Services Agreement.
IT IS HEREBY AGREED AS FOLLOWS:
1. INTERPRETATION
1.1 Except where the context otherwise requires and save as otherwise expressly
defined herein, words and expressions defined in the Services Agreement
shall have the same meanings and construction when used in this Agreement
(including the Recitals hereto). All terms defined in these Recitals shall
have the same meanings when used throughout this Agreement.
1.2 Except where the context otherwise requires, words importing the singular
include the plural and vice versa, words importing a gender includes every
gender and references to persons include bodies corporate or unincorporate,
any state or agency thereof and any other entity.
1.3 Headings are for ease of reference only and have no legal effect.
1.4 Except where the context otherwise requires, references to any person
include its successors and permitted assigns.
1.5 A reference to a document includes any agreement in writing, or any
certificate, notice, instrument or other document of any kind and shall
include all amendments or supplements to, or replacements or novations of
that document.
2. AMENDMENTS TO THE SERVICES AGREEMENT
2.1 The parties hereby agree and acknowledge that the Services Agreement shall
be amended in the following manner with effect from the date of the
Services Agreement.
Section 9.8 of the Services Agreement be deleted and the following
substituted therefor:
"9.8 If there is any conflict with or inconsistency between the terms of
this Services Agreement and the terms of any Work Order, then the terms of
the Work Order shall govern."
3. MISCELLANEOUS
3.1 This Agreement is supplemental to and shall be read in conjunction with the
Services Agreement which, save for those provisions which are modified
hereby or inconsistent with the terms contained herein, shall continue in
full force and effect. Subject to the foregoing, any reference to the
Services Agreement shall accordingly be deemed to include this Agreement.
3.2 This Agreement shall be governed by and construed in accordance with the
laws of the Province of British Columbia, without regard to any provisions
thereof relating to conflicts of laws among different jurisdictions. The
parties hereto hereby submit to the jurisdiction of the courts located in
the Province of British Columbia.
3.3 This Agreement may be signed in one or more counterparts, all of which
taken together shall constitute an entire agreement.
IN WITNESS WHEREOF this Agreement has been duly executed the day and year first
above written.
TGI TECHNOLOGIES LTD. POPSTAR GLOBAL COMMUNICATIONS INC
Signature: /s/ Xxxx XxXxxxxxx Signature: /s/ Xxxxxxxx Xxx
By: Xxxx XxXxxxxxx By: Xxxxxxxx Xxx
Title: President Title: Chairman