Exhibit 10.30
COMMISSION AGREEMENT
THIS COMMISSION AGREEMENT ("Agreement") is entered as of this 17th day
of December, 2001, by and between x-XxxXxxx.xxx dba Med Diversified and its
respective affiliates, associates, assigns and successors-in-interest
(collectively "MED"), on the one part, and Societe Financiere du Seujet Limited
and/or its designee (collectively "SFSL") on the other part. MED and SFSL may
hereinafter be collectively referred to as the "Parties".
The Parties hereto hereby irrevocably and unconditionally agree to the
following:
1. SFSL has introduced to MED the following individuals and
entities, including each of their respective affiliates,
associates, assigns and successors-in-interest: (i)
Bridgewater Capital Corporation ("Bridgewater"); (ii) Urban
Smedsby ("Smedsby"); (iii) Xxxxxxxx Capital Corporation
("Xxxxxxxx Capital"); and (iv) Xxxxxx Xxxxxxxx ("Xxxxxxxx").
Bridgewater, Smedsby, Xxxxxxxx Capital and Xxxxxxxx may
hereinafter be collectively referred to as the "SFSL Sources".
2. SFSL has represented to MED that the SFSL Sources may have an
interest in certain investments and/or transactions relating
to MED.
3. In the event any of the SFSL Sources consummate any type of
investment and/or transaction with MED, SFSL and/or its
designee shall, for its introductions and services to MED, be
compensated by MED in an amount equal to six percent (6%) of
the gross amount of any such investment in cash and concurrent
with the closing (the "SFSL Fee").
4. MED hereby irrevocably and unconditionally agrees that no
transactions with any SFSL Sources are to be consummated
unless and until MED has received written consent and approval
from XXXX.
0. MED hereby irrevocably and unconditionally agrees not to
circumvent SFSL in connection with any matter or transaction
involving any of the SFSL Sources. MED further irrevocably and
unconditionally agrees that such circumvention will cause
irreparable harm and damage to SFSL, in an amount to be
determined by law.
6. MED hereby irrevocably and unconditionally agrees that this
Agreement shall be extended to and include any transaction MED
on the one part, and any SFSL. Source on the other part, may
enter into in the future, and SFSL shall be compensated by MED
on any such other transaction in an amount as agreed upon, in
writing between MED and SFSL, on a deal-by-deal basis.
Page One of Two
7. This Agreement shall be binding upon the Parties hereto and
their heirs, executors, successors and assigns for a period of
three (3) years from the date hereof.
8. This Agreement may not be modified, amended, altered or
supplemented except upon the execution of a written agreement,
executed by each of the Parties hereto.
9. If any provision of this Agreement is held to be invalid, void
or unenforceable as a matter of law, the remaining provisions
hereof shall nevertheless continue in full force and effect.
10. This Agreement shall be governed by and construed in
accordance with Swiss laws.
11. This Agreement may be executed in separate counterparts, by
original and/or facsimile copy, each of which shall be deemed
an original, but all of which together shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first above written.
SOCIETE FINANCIERE X-XXXXXXX.XXX DBA MED
DU SEUJET LIMITED DIVERSIFIED
By: __________________________________ By: _________________________________
Xxxxxxxx Xxxxxxx Xxxxx X. Xxxxxxxxxxxx, Xx.
Authorized Signatory Its President, Chief Executive
Officer And Vice Chairman
Authorized Signatory
Page Two of Two
