AMENDMENT TO CONTRACT
No. CA-05-020705
Among Can Am Ethanol One, Inc.
MEMS USA, Inc. and
Accelon Energy System, Inc.
May 24, 2005
The undersigned parties do hereby agree to amend Section 28.02.01 of the
Contract between, Can Am Ethanol One, Inc., MEMS USA, Inc. and Accelon Energy
System, Inc., no. CA-05-020705 having an execution date of April 25, 2005 as
follows:
Section 28.02.01, which presently reads:
"28.02.01 Failure to Pay. It is understood and agreed that Can-Am Ethanol One,
Inc., presently lacks sufficient capital or other resources to pay for
the services under this Contract. Contractor(s) is/are also aware that
Can-Am Ethanol One has received a "best-efforts" funding offer and
additional informal indications that the Project will receive funding.
In light of these potentials, Contractor(s) has/have agreed that
it/they will begin work on the Project pending such funding. If Can-Am
Ethanol One is unable to obtain Project funding on or before June 1,
2005, this contract shall expire on its own terms."
is hereby revised to read:
"28.02.01 Failure to Pay. It is understood and agreed that Can-Am Ethanol One,
Inc., presently lacks sufficient capital or other resources to pay for
the services under this Contract. Contractor(s) is/are also aware that
Can-Am Ethanol One has received a "best-efforts" funding offer and
additional informal indications that the Project will receive funding.
In light of these potentials, Contractor(s) has/have agreed that
it/they will begin work on the Project pending such funding. If Can-Am
Ethanol One is unable to obtain Project funding on or before October
31, 2005, this contract shall expire on its own terms."
Agreed and accepted:
CAN-AM ETHANOL ONE, INC. - COMPANY
By:
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Printed Name
Title: Managing Director
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MEMS USA, INC. - CONTRACTOR
By:
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Printed Name
Title: President
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ACCELON ENERGY SYSTEM, INC: - CONTRACTOR
By:
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Printed Name
Title:
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