SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made as of 21st day
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of September, 2004, by and between ENTECH ENVIRONMENTAL TECHNOLOGIES, INC., a
Florida corporation ("Entech") and XXXXXXX XXXXXXX XXXXXXXX XXXXXXXXXXX LLP
("Xxxxxxx Xxxxxxx").
WHEREAS, Xxxxxxx Xxxxxxx has provided certain accounting services to
Entech; and
WHEREAS, the parties to this Agreement desire to settle all amounts owed by
Entech to Xxxxxxx Xxxxxxx in connection with accounting services provided by
Xxxxxxx Xxxxxxx to Entech up to and through August 30, 2004;
NOW, THERFORE, in satisfaction of any and all disputes and claims owing up
to and through August 30, 2004, and in consideration of the release contained
herein, the parties hereto agree as follows:
1. Payment. Entech will pay $27,125 in cash to Xxxxxxx Xxxxxxx for
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services performed by it to Entech up to and through August 30, 2004.
2. Release. In consideration of the payment, set forth in Paragraph 1
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of this Agreement, the receipt of which is hereby acknowledged, Xxxxxxx Xxxxxxx,
for itself and its successors and assigns, has remised, released and forever
discharged, and by these presents does, for itself and its successors and
assigns, remise, release, and forever discharge Entech and its successors and
assigns, of and from all manner of action and actions, causes of action, suits,
debts and dues, claims and demands whatsoever, in law or in equity, which
against Entech, Xxxxxxx Xxxxxxx ever had, now has, or which Xxxxxxx Xxxxxxx, its
successors and assigns hereafter can, shall or may have, for, upon or by reason
of the accounting services rendered by Xxxxxxx Xxxxxxx up to and through August
30, 2004.
3. Governing Law. This Agreement shall be governed by and interpreted
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in accordance with the laws of the State of California.
4. Entire Agreement. This Agreement sets forth the entire agreement
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between the parties with regard to the subject matter hereof. No other
agreements, covenants, representations or warranties, expressed or implied, oral
or written, have been made by either party to the other with respect to the
subject matter of this Agreement. All prior and contemporaneous conversations,
negotiations, possible and alleged agreements and representations, covenants and
warranties with respect to the subject matter hereof are waived, merged herein
and superseded hereby.
5. Modification and Revocation. This Agreement may not be modified or
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revoked except by a written instrument executed by all parties to this
Agreement.
6. Signatories. All signatories to this Agreement represent that they
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are duly authorized and have full power to enter into this Agreement.
7. Additional Acts. All parties shall execute and deliver all
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documents and perform all further acts that may be reasonably necessary and
useful to effectuate the purposes and provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement on the date first appearing above.
ENTECH ENVIRONMENTAL
TECHNOLOGIES, INC.
By: /s/ Xxxx Xxxxxxxx
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Title: President
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XXXXXXX XXXXXXX XXXXXXXX
XXXXXXXXXXX LLP
By: /s/ [Not Legible]
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Title: Partner
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