0001144204-10-001815 Sample Contracts

STOCK OPTION AGREEMENT
Stock Option Agreement • January 13th, 2010 • Xsunx Inc • Unsupported plastics film & sheet • California

THIS STOCK OPTION AGREEMENT ("Agreement") is made effective as of the date of grant set forth below ("Date of Grant") by and between XSUNX, INC., a Colorado corporation ("Company"), and the optionee named below ("Optionee") as contemplated in the Company’s 2007 Option Plan (“Plan”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Plan.

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STOCK PURCHASE AGREEMENT AND REPRESENTATIONS
Stock Purchase Agreement and Representations • January 13th, 2010 • Xsunx Inc • Unsupported plastics film & sheet • California

This stock purchase agreement ("Agreement"), along with the Signature Page and Questionnaire attached hereto, and by this reference incorporated herein, is made effective , 2009 by and between XsunX, a Colorado corporation ("XsunX") and the purchaser(s) signatory hereto (“Private Purchaser”). XsunX has received an offer to purchase certain shares of common voting stock ("Shares") of XsunX by Private Purchaser, and XsunX and Private Purchaser agree as set forth herein and represent to each other with regard thereto as follows:

Key Employee Retention Agreement
Key Employee Retention Agreement • January 13th, 2010 • Xsunx Inc • Unsupported plastics film & sheet • Colorado

This Key Employee Retention Agreement (the “Agreement”), is entered into as of this 1st day of September, 2009 (the “Effective Date”), by and between XsunX, Inc., a Colorado corporation, (the “Company”), and Robert G. Wendt (the “Employee”). Company and Employee may be referred collectively hereafter as the “Parties” and individually as a “Party”.

CONSULTING AND ADVISORY AGREEMENT
Consulting and Advisory Agreement • January 13th, 2010 • Xsunx Inc • Unsupported plastics film & sheet

THIS CONSULTING AGREEMENT (“Agreement”), made effective as of the 9th day of March 2009, is entered into by and between Xsunx, Inc., a Colorado corporation ("Company"), and Orion Business Services, LLC, 10651 West 34th Place, Wheat Ridge, CO 80033 ("Consultant"). The Company and Consultant are sometimes herein referred to individually as a “party” and collectively as the “Parties”.

LEASE TERMINATION AND MUTUAL RELEASE OF CLAIMS
Lease Termination and Mutual Release of Claims • January 13th, 2010 • Xsunx Inc • Unsupported plastics film & sheet • Oregon

THIS LEASE TERMINATION AND MUTUAL RELEASE OF CLAIMS (this “Agreement”) is entered into this 27th day of August, 2009, by and between Merix Corporation (“MERIX”) and XSUNX, Inc. (“XSUNX”). Reference is made to that certain Sublease Agreement dated as of April 1, 2008 (the “Sublease”), by and between MERIX as Sublandlord and XSUNX as Subtenant concerning certain real property and improvements located at 23365 NE Halsey St. in the City of Wood Village, County of Multnomah and State of Oregon (the “Premises”).

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