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     4. The Separation Agreement is amended as follows, effective as of the effective date of thisAgreement:     4(a). The second sentence of Paragraph 1 of the Separation Agreement (from “ThereafterPVS” through “federal law”) is deleted in its entirety. In the third sentence of Paragraph1 of the Separation Agreement, “as a member of the Board of Directors and” is deleted. Inthe same sentence, the phrase”, except as otherwise set forth herein,” is added immediatelyfollowing “acknowledges that.” In the same sentence, “those capacities” is deleted andreplaced with “that capacity.”     4(b). Paragraph 2 of the Separation Agreement is deleted in its entirety.     4(c). Paragraphs 11 and 12.1 of the Separation Agreement are deleted in their entirety.     4(d). Notwithstanding anything in Paragraph 12 of the Separation Agreement, to theextent that PVS has any continuing non-competition obligations under the EA (as defined inthe Separation Agreement), Jones Soda agrees that such obligations will no longer be inforce after the effective date of this Agreement.     4(e). Paragraph 14 of the Separation Agreement is deleted in its entirety and thefollowing substituted therefore:In the event that PVS is contacted by any of Jones Soda’s employees or independentcontractors; Jones Soda’s investors, shareholders or lenders; Jones Soda’s current orprospective customers; Jones Soda’s distributors or vendors; any other parties withwhom Jones Soda does business; analysts or other securities industry professionals;or any news media, then, prior to communicating with any of the foregoing persons orentities regarding Jones Soda, PVS shall advise such person or entity that he is nolonger an officer or director of Jones Soda and that he is therefore no longerauthorized to speak on behalf of Jones Soda in any capacity.     5. No later than five (5) business days after PVS executes this Agreement, PVS shall deliverto Jones Soda all books, records, lists, brochures, documents (and any other Jones Soda property orConfidential Information as defined in the Separation Agreement) belonging to Jones Soda, ordeveloped in connection with the business of Jones Soda.     6. PVS hereby releases Jones Soda and its affiliates, successors, and past and presentofficers, directors, agents, employees and subsidiaries from all claims (other than claims for thepayments provided for under this Agreement), causes of action or liabilities,suspected or unsuspected and irrespective of any present lack of knowledge of any possibleclaim or of any fact or circumstance pertaining thereto, which he may have or could claim to haveagainst Jones Soda, except any claim pursuant to the Company’s Bylaws or statute forindemnification and/ or defense for any third party claim asserted against PVS arising out of
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hisservice as an officer and/or director of the Company. This release is intended to be allencompassing, and without limitation covers all matters relating to the Separation Agreement. Thisrelease includes, but is not limited to, claims of discrimination; claims under state or federallaw governing the payment of wages; claims under any express or implied contract, including,without limitation, under the Separation Agreement; claims based on tort law; and any other claimof whatever kind or nature. This release applies to all claims which arose up through the date ofPVS’s execution of this Agreement. This release is supplemental to, and does not modify in anyway, Paragraph 6 of the Separation Agreement. Jones Soda hereby releases PVS from all claims,causes of action or liabilities, suspected or unsuspected and irrespective of any present lack ofknowledge of any possible claim or of any fact or circumstance pertaining thereto, which Jones Sodamay have or could claim to have against PVS, to the fullest extent of the Company’s ownership ofsuch claims. Jones Soda represents that it has not assigned or purported to assign to any personor entity any claim released pursuant to this Agreement.     7. PVS represents as follows:     7(a). He has not filed any complaints, charges or lawsuits against Jones Soda or any ofits affiliates, subsidiaries, successors, past and present officers, directors, agents oremployees with any governmental agency or any court, and he will not do so at any timehereafter. He has not assigned or purported to assign to any person or entity any claimreleased pursuant to this Agreement.     7(b). He has not, as of the date of his execution of this Agreement, breached any ofhis noncompetition obligations as set forth in Paragraph 12.1 of the Separation Agreement.     7(c). In entering into this Agreement, he does not rely and has not relied upon anyrepresentation or statement made by Jones Soda or any of its employees or agents concerningthis Agreement. He has had adequate time to review the contents of this Agreement, hasread, considered, and fully understands this Agreement and all its terms, has consulted withhis attorney concerning the terms and conditions of this Agreement, including withoutlimitation the release set forth in this Agreement, and enters into this Agreement knowinglyand voluntarily.     7(d). PVS has reviewed and approves of the form of 8-K filing attached hereto asExhibit A and agrees that Jones Soda may file it with the SEC at any time after both partieshave executed this Agreement.     8. This Agreement shall not in any way be construed as an admission by Jones Soda or PVS thatit or he has acted wrongfully or breached any contractual or otherobligation with respect to PVS, Jones Soda, or Jones Soda’s directors, offices, agents,employees, or any other person.
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     9. The parties agree that they will keep the terms of this Agreement confidential and thatthey will not hereafter disclose any information concerning this Agreement to anyone, provided thateither party may make such disclosures as (a) are required by law, and explicitly recognizing theobligation to disclose this Agreement via a public filing with the SEC; (b) reasonably necessary toenforce the terms of this Agreement, and (c) to their respective attorneys, accountants andfinancial advisors.     10. If any provision of this Agreement is determined to be invalid or unenforceable, all ofthe other provisions shall remain valid and enforceable notwithstanding, unless the provision foundto be unenforceable is of such material effect that the Separation Agreement as amended by thisAgreement cannot be performed in accordance with the intent of the parties in the absence thereof.     11. The parties agree that the common law principle of construing ambiguities against thedrafter shall have no application to this Agreement.     12. This Agreement represents the parties’ full understanding and agreement with respect tothe subject matter of this Agreement, and supersedes and replaces any prior agreements by theparties, whether verbal or written, with respect to the subject matter of this Agreement.     13. This Agreement may be executed in counterparts. Facsimile signatures and facsimile andphotocopy reproductions of this Agreement shall be deemed as originals.              /s/ Peter M. van Stolk        April 3, 2009         Peter M. van Stolk   DATE           JONES SODA CO.               By /s/ Stephen C. Jones   April 3, 2009           Its Chief Executive Officer   DATE  
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**Exhibit A**  **UNITED STATES**