0001213900-17-005808 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • May 24th, 2017 • Ecoark Holdings, Inc. • Plastics products, nec • Delaware

EMPLOYMENT AGREEMENT (this “Agreement”), dated as of May 19, 2017 (the “Effective Date”), by and between Ecoark Holdings, Inc., a Nevada corporation (“Ecoark”), Zest Labs, Inc., a California corporation (“Zest”), and [*] (the “Executive”).

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EXCHANGE AGREEMENT
Exchange Agreement • May 24th, 2017 • Ecoark Holdings, Inc. • Plastics products, nec • Delaware

This Exchange Agreement (the “Agreement”) is made and entered into on May 18, 2017 (the “Effective Date”) by and among Ecoark Holdings, Inc., a Nevada corporation (“Ecoark”), Zest Labs, Inc., a Delaware corporation (“Zest”), 440labs, Inc., a Massachusetts corporation (“440labs”), SphereIt, LLC, a Massachusetts limited liability company (“SphereIt”), Kenneth Wilner, an individual (“Wilner”), David Crisafi, an individual (“Crisafi” and, together with SphereIt and Wilner, the “Sellers”), and Scott Durgin, an individual (“Durgin” and, together with Ecoark, Zest, 440labs and the Sellers, the “Parties”).

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