ANY ACTION OR PROCEEDING
REFERRED TO IN THE PRECEDING
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SENTENCE MAY BE SERVED ON EITHER PARTY ANYWHERE IN THE WORLD.
THE PARTIES
HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION ARISING UNDER OR RELATING TO THIS
AGREEMENT.
13.
ACKNOWLEDGMENT OF TERMINATION OF EMPLOYMENT
AGREEMENT.
REFERENCE IS HEREBY MADE TO THAT CERTAIN EMPLOYMENT AGREEMENT, DATED
MAY 1, 2002, BETWEEN THE COMPANY AND CONSULTANT, AS AMENDED BY AMENDMENT NO. 1
THERETO DATED JUNE 28, 2001 AND AMENDMENT NO. 2 THERETO DATED SEPTEMBER 1, 2003
(THE "EMPLOYMENT AGREEMENT").
CONSULTANT HEREBY ACKNOWLEDGES AND AGREES THAT
THE EMPLOYMENT AGREEMENT IS TERMINATED EFFECTIVE AS OF THE EFFECTIVE DATE AND
THAT NO FURTHER COMPENSATION OR OTHER PAYMENTS ARE DUE TO CONSULTANT PURSUANT TO
THE EMPLOYMENT AGREEMENT OTHER THAN ACCRUED BUT UNPAID SALARY THROUGH THE
EFFECTIVE DATE.
14.
COUNTERPARTS; FACSIMILE SIGNATURES.
THIS
AGREEMENT MAY BE EXECUTED IN ONE OR MORE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL, BUT ALL OF WHICH TOGETHER SHALL CONSTITUTE ONE AND THE SAME
INSTRUMENT.
THIS AGREEMENT MAY BE EFFECTIVE UPON THE EXECUTION AND DELIVERY BY
ANY PARTY HERETO OF FACSIMILE COPIES OF SIGNATURE PAGES HERETO DULY EXECUTED BY
SUCH PARTY; PROVIDED, HOWEVER, THAT ANY PARTY DELIVERING A FACSIMILE SIGNATURE
PAGE COVENANTS AND AGREES TO DELIVER PROMPTLY AFTER THE DATE HEREOF TWO (2)
ORIGINAL COPIES TO THE OTHER PARTY HERETO.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
LIQUIDMETAL TECHNOLOGIES
By:
/s/ Larry Buffington
Larry Buffington, President and CEO
Liquidmetal Technologies
25800 Commercentre Drive, Suite 100
Lake Forest, CA 92630
Facsimile Number: (949) 206-8008
CONSULTANT
By:
/s/ James Kang
James Kang, individual
Hyundai Hyperiod
Youngsan-Gu, Hannam-Dong
Seoul, Korea
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