OR SIMILAR OBLIGATIONS TO BORROWER OR ANY AGENTS, EMPLOYEES OR AFFILIATES OF
BORROWER AND THAT THEIR RELATIONSHIPS ARE STRICTLY THAT OF CREDITOR AND
DEBTOR.
THIS RELEASE IS ACCEPTED BY BCS PURSUANT TO THIS AGREEMENT AND SHALL
NOT BE CONSTRUED AS AN ADMISSION OF LIABILITY BY BCS OR ANY OTHER BENEFITED
PARTY.
BORROWER ACKNOWLEDGES THAT THE FOREGOING PROVISIONS ARE INTENDED TO RELEASE BCS
FROM LIABILITY AND/OR INDEMNIFY AND HOLD HARMLESS BCS FOR, AMONG OTHER THINGS,
THE ORDINARY NEGLIGENCE OF SUCH PARTY IN CONNECTION WITH THE NOTES OR ANY LOAN
DOCUMENT PRIOR TO THE DATE OF THIS AGREEMENT.
BORROWER AGREES THAT THE RELEASE
AND/OR INDEMNITY PROVISIONS CONTAINED IN THIS AGREEMENT ARE CAPTIONED TO CLEARLY
IDENTIFY THE RELEASE AND/OR INDEMNITY PROVISIONS AND, THEREFORE, ARE SO
CONSPICUOUS THAT BORROWER HAS FAIR NOTICE OF THE EXISTENCE AND CONTENTS OF SUCH
PROVISIONS.
9. Acknowledgment of Understanding.
Borrower represents and states that it has
carefully and completely read the terms of this Agreement, that it knows the
contents hereof, that it has complete information and has had the opportunity to
obtain complete information material to the contents and terms hereof, that the
terms of this Agreement are fully understood, have been negotiated at arm's
length and are voluntarily accepted, and that Borrower has signed this Agreement
each of its own free will, act and deed and upon advice of competent counsel.
10. Counterparts.
This Agreement may be executed in any number of counterparts
and each of such counterparts shall for all purposes be deemed to be an
original, and all such counterparts shall together constitute but one and the
same instrument.
A signature to this Agreement transmitted electronically shall
have the same authority, effect, and enforceability as an original signature.
11. Parties Bound.
This Agreement binds and inures to the benefit of Borrower,
MOD, BCS and their respective successors and permitted assigns.
12. Entirety.
THIS AGREEMENT, THE BUSINESS LOAN AGREEMENT, THE OTHER LOAN
DOCUMENTS AND THE SCHEDULES AND SUPPLEMENTS THERETO REPRESENT THE FINAL
AGREEMENT BETWEEN THE PARTIES FOR THE TRANSACTIONS THEREIN, AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS BETWEEN THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN
THE PARTIES.
13. Limited Forbearance.
Borrower hereby acknowledge that the forbearance set
forth herein is a limited, one time agreement to forbear and nothing contained
herein shall obligate BCS to grant any additional or future forbearance or
forbearance extensions or to amend any provision of this Agreement, the Notes,
or any other Loan Document.
[Remainder of page intentionally left blank.
Signature page follows.]
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IN WITNESS WHEREOF, this Fifth Forbearance Agreement has been duly executed as
of the date first written above.
NATURALSHRIMP HOLDINGS, INC.
By:
Name:
Title:
Address:
2068 N. Valley Mills Drive
Waco, Texas
76110
MULTIPLAYER ONLINE DRAGON, INC.
By:
Name:
Title:
Address:
9477 Greenback Lane, Suite 524A
Folsom, CA 95630
BAPTIST COMMUNITY SERVICES
By:
Name:
Title:
Address:
701 Park Place
Amarillo, Texas
79109
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