Consulting Agreement
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This Consulting Agreement is made on this 4th day of December 2003.
BETWEEN
Xxxxxxx Xxxxx, a Consultant having his mailing address at 000 Xxxxx Xxxxx Xx,
#0000,Xxxxxxxx Xxxxxxx,XX 00000; Xxxxx Xxxxxx a Consultant having his mailing
address at 000 Xxxxx Xxxxx Xx, #0000,Xxxxxxxx Xxxxxxx,XX 00000; Xxxxxx Xxxxx, a
Consultant having his mailing address at 0000 Xxxxxxxxx Xx, Xxxxxx, XX 00000;
Xxxxx Xxxxxxx, a Consultant having his mailing address at XX Xxx 00, Xxxxxxx, XX
00000; Xxxxxxx Xx Pan Hing, a Consultant having his mailing address at 0 Xxxxx
Xx, Xxxxxxxx Xxxx, Xxxxx Xxxx, Xxxxx Xxxxxx; Xxxxx Xxxxx, a Consultant having
his mailing address at 000 Xxxxxxx Xxxxx,00 Xxxxxxx Xxxx, Xxxxxxx, Xxxx Xxxx;
Xxxxxx Xxxxxx, a Consultant having his mailing address at X/X 0 Xxxxxx Xxxxxx,
Xxxxxx Xxxxx, Xxxxx Xxxxxx; and Xxxxxxxx Mavundula, a Consultant having his
mailing address at 00 Xxxxxx Xx, Xxxx Xxxx Xx, Xxxxxxxxxxxx, Xxxxx Xxxxxx. The
above listed Consultants shall be referred to collectively hereafter as
"Consultants" or individually as "Consultant".
AND
Maximum Dynamics, Inc., having its office at 0 Xxxxx Xxxxxxx Xxxxxx, Xxxxx
0000, Xxxxxxxx Xxxxxxx, Xxxxxxxx, 00000.
WHEREAS
WHEREAS, CONSULTANTS provide technology development services, business
development services, and engineering services for businesses and professionals
in the IT and financial services sector, specifically the point of sale (POS)
device market; and,
WHEREAS, Company wishes to engage the services of CONSULTANTS;
NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the parties hereto agree as follows:
DURATION
This agreement commences on December 4th, 2003 and will be effective until
December 4, 2004, as per the terms listed herein. Thereafter it shall be
reviewed for further extension on mutually agreeable terms.
FINANCIAL
CONSULTANTS shall be paid for services as set forth in Exhibit A. The fees to be
paid shall be paid with shares of registered S-8 shares of Common Stock of
Maximum Dynamics, Inc. and shall be priced at a twenty percent (20%) discount to
today's bid of $0.185 per share. The number of shares and issued to each
CONSULTANT as payment for services is set forth in Exhibit A.
BINDING
This Agreement and the certificates and other instruments delivered by or on
behalf of the parties pursuant hereto constitute the entire agreement between
the parties. The terms and conditions of this Agreement shall inure to the
benefit of and be binding upon the respective heirs, legal representatives,
successor and assigns of the parties hereto, as the case may be.
APPLICABLE LAW
This Agreement is made pursuant to, and will be governed by, and construed and
enforced in accordance with, the laws of Colorado, USA.
TERMINATION
If this agreement is terminated previous to December 4, 2004, the CONSULTANT
shall keep one twelfth (1/12) of the shares received as payment for every month
CONSULTANT was retained.
ACCEPTED
For CONSULTANT For Maximum Dynamics
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BY: /s/ Xxxxxxx Xxxxx BY: /s/ Xxxxxx Xxxxxxx
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Xxxxxxx Xxxxx Xxxxxx Xxxxxxx
DATE: DATE:
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BY: /s/ Xxxxx Xxxxxx
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Xxxxx Xxxxxx
DATE:
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BY: /s/ Xxxxxx Xxxxx
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Xxxxxx Xxxxx
DATE:
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BY: /s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx
DATE:
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BY: /s/ Xxxxxxx Xx Pan Hing
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Xxxxxxx Xx Pan Hing
DATE:
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BY: /s/ Xxxxxx Xxxxxx
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Xxxxxx Xxxxxx
DATE:
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BY: /s/ Xxxxxxxx Mavundula
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Xxxxxxxx Mavundula
DATE:
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EXHIBIT A
The following sets forth the services to be rendered by each Consultant, the
fees for such services and the number of S-8 shares to be issued as payment.
Consultant Services Fees Shares
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Xxxxxxx Xxxxx Business development for POS devices $66,600 450,000
in Mexico and Latin America
Xxxxx Xxxxxx Business development for POS devices $59,200 400,000
in Mexico and Latin America
Xxxxxx Xxxxx Business development for POS devices $44,400 300,000
in Mexico and Latin America
Xxxxx Xxxxxxx Technology development for POS devices $11,100 75,000
in Mexico and Latin America
Xxxxxxx Xx Pan Hing Business development for POS devices $14,800 100,000
Xxxxxxx Xx Pan Hing Business development for POS devices $14,800 100,000**
Xxxxx Xxxxx Technology development for POS devices $14,800 100,000
Xxxxx Xxxxx Technology development for POS devices $14,800 100,000**
Xxxxxx Xxxxxx Technology development for POS devices $11,100 75,000
Xxxxxx Xxxxxx Technology development for POS devices $14,800 100,000**
Xxxxxxxx Mavundula Technology development for POS devices $ 7,400 50,000
Xxxxxxxx Mavundula Technology development for POS devices $ 7,400 50,000**
** Shares shall be restricted shares.
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ADDENDUM
Pursuant to the Agreement signed on December 4, 2003, this Addendum sets forth
the continued services of the Consultants listed below which shall be governed
by the terms and conditions of the Agreement above as agreed to on December 4,
2003. Payments for the respective services to be rendered, the fees for such
services and the number of S-8 shares to be issued as payment are set forth as
follows:
Consultant Services Fees Shares*
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Xxxxxxx Xxxxx MPOS/TagNet product launch in S. Amer. $216,000 1,500,000
Xxxxx Xxxxxx MPOS/TagNet product launch in S. Amer. $57,600 400,000
Xxxxxx Xxxxx MPOS/TagNet product launch in Lat. Amer. $14,400 100,000
Xxxxxx Xxxxx MPOS/TagNet product launch in Lat. Amer. $43,200 300,000**
Xxxxxxx Xx Pan Hing Business development for POS devices $28,800 200,000**
Xxxxx Xxxxx MPOS/TagNet business development in China $43,200 300,000
Xxxxx Xxxxx MPOS/TagNet business development in China $28,800 200,000**
* Number of shares is calculated taking a 20% discount off of the bid price,
which was $0.18 per share on January 20, 2004. ** Shares shall be restricted
shares.
Accepted this 20th day of January, 2004 by:
For CONSULTANT For Maximum Dynamics
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BY: /s/ Xxxxxxx Xxxxx BY: /s/ Xxxxxx Xxxxxxx
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Xxxxxxx Xxxxx Xxxxxx Xxxxxxx
DATE: DATE:
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BY: /s/ Xxxxx Xxxxxx
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Xxxxx Xxxxxx
DATE:
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BY: /s/ Xxxxxx Xxxxx
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Xxxxxx Xxxxx
DATE:
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BY: /s/ Xxxxxxx Xx Pan Hing
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Xxxxxxx Xx Pan Hing
DATE:
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BY: /s/ Xxxxx Xxxxx
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Xxxxx Xxxxx
DATE:
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