AGREEMENT
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Exhibit 10.09
- 1.
- This
is an agreement between Nationwide Financial Solutions, Inc. ("NFS") and Xxxxxxx X. Xxxxxxx.
- 2.
- Xx. Xxxxxxx
promises to raise at least one million dollars ($1,000,000.00) from private accredited investors for NFS by April 1st, 2004.
- 3.
- Upon
performance by Xx. Xxxxxxx, NFS agrees to compensate Xx. Xxxxxxx in one of the two following ways:
- A.
- One hundred thousand (100,000) shares of NFS, capital revised with consideration being NFS, restricted and unrestricted shares.
OR
- B.
- Ten
percent (10%) of the proceeds of capital raised by Xx. Xxxxxxx.
- 4.
- If
Xx. Xxxxxxx is unable to perform within the specific time period, NFS will not be liable to compensate Xx. Xxxxxxx. Partial performance by Xx. Xxxxxxx does not
automatically entitle Xx. Xxxxxxx for partial compensation. In an event of partial performance by Xx. Xxxxxxx, NFS may decide to partially compensate Xx. Xxxxxxx, the compensation
depending completely on whatever NFS deems fair and appropriate, or NFS may decide not to compensate Xx. Xxxxxxx at all.
- 5.
- Xx. Xxxxxxx
reserves the right to choose his form of compensation from the afore-mentioned options. Xx. Xxxxxxx has to inform NFS about the form of his compensation no
later than April 15th, 2004. Once Xx. Xxxxxxx has chosen the form of compensation, he cannot change it.
- 6.
- Xx. Xxxxxxx
is required to have any investor, who is investing in NFS, sign a subscription agreement.
- 7.
- For
any investor, Xx. Xxxxxxx solicits for investing in NFS; Xx. Xxxxxxx takes responsibility regarding the source of the Investor's funds. NFS, its subsidiaries,
affiliates, officers, and employees, will not be held responsible to investigate the source of funds of any investor, nor will NFS, its subsidiaries, affiliates, officers, and employees, be held
liable for any damages arising out of any circumstance related to the authenticity of funds from any investor.
- 8.
- For
any reason, if this document is held void, NFS, its subsidiaries, affiliates, officers, and employees, will not be held liable for any damages arising out of this agreement.
- 9.
- Both
parties agree to submit any and all disputes to binding Arbitration under the auspices of the American Arbitration Association (AAA).
- 10.
- Venue, law, and jurisdiction governing any dispute shall be the Town of Tempe and the County of Maricopa in the state of Arizona.
/s/ XXXXX XXXX Xxxxx Xxxx Chief Executive Officer Nationwide Financial Solutions, Inc. |
/s/ XXXXXXX X. XXXXXXX Xxxxxxx X. Xxxxxxx Managing Member Pursuit Holdings, Inc. |
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01/27/04 |
01/27/04 |
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Date | Date |
AGREEMENT