OF ACTION OR THEORY OF
LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE
OR OTHER TORT THEORY OF LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ADVISOR'S AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT
(CUMULATIVELY) SHALL BE LIMITED TO THE AMOUNTS DEEMED CONTRIBUTED TO THE CLIENTS
HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME THAT THE CAUSE OF
ACTION AROSE.
SIGNATURE PAGE FOLLOWS
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above.
THE COMPANY:
Immediatek, Inc.,
a Nevada corporation
By:
/s/ Timothy Rice
Name:
Timothy Rice
Title:
President
ADVISOR:
Radical Ventures LLC,
a Delaware limited liability company
By:
/s/ Martin Woodall
Name:
Martin Woodall
Title:
Vice President
7