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Monday, July 17, 2006

China Expert Technology (CXTI) amended contract

[pointless exercise below, nothing useful here]
I'm doing a diff on the recently released amended consultant contract agreement vs the original here. I ran diff -u -b on the two contracts and removed some of the trivial stuff. I did the colors by hand instead of using a utility. I think in the future, I should just post the actual diff with automatic coloring and not worry about how it looks.

-red means original contract
+green means amended contract
Bold areas point to changes.

-Party B: FuJian International Consultants Limited
+Party B: Fujian Internet Consultants Limited

In order to speed up the development of Party A’s e-government
-construction projects in various area of Fujian province of China and
+construction projects in various areas of Fujian province of China and
enhance the competitiveness and efficiency in Party A’s e-government
business, Party A has approached Party B since January 2006 to discuss
the feasibility of cooperation and condition to appoint Party B as the
project consultant for Party A. After review and examination, Party A
-confirmed that Party B’s connection and liaising work in Fujian province
+confirmed that Party B connection and liaising work in Fujian province
of China is beneficial to the development of Party A’s e-government
business in the same area.

[why do this when they use a capital elsewhere?]
Party A agrees to appoint Party B as the project consultant for Party A
and Party B agrees to accept such appointment to assist Party A in
sourcing governments as partner for Party A’s e-government project and
-providing a series of services to promote Party A’s e-government
+providing a series of services to promote party A’s e-government
construction projects.

[these were in different locations]
+Party A shall pay Party B such consultant fee in an amount equals to 15%
+of the estimated gross profit of the e-government contract signed by
+Party A that is sourced by Party B. Party A has the sole discretion in
+determining the estimated gross profit amount and Party B cannot object
+to such estimation.

-Party A shall pay Party B such consultant fee in an amount equals to 15%
-of the estimated gross profit of the e-government contract signed by
-Party A that is sourced by Party B. Party A has the sole discretion in
-determining the estimated gross profit amount and Party B cannot object
-to such estimation.

Party A shall pay the consultant fee by way of common stock of its
parent company China Expert Technology Inc. (OTCBB trade symbol: CXTI).
-Both Party A and Party B agree that the common stock will be received by
-the person designated by Party B.
+ Both Party A and Party B agree that the common stock will be received
+by the person designated by Party B.

The value of the common stock to be paid to Party B as consultant fee
-shall be valued at the average of the daily market closing price of
-CXTI’s common stock traded in OTCBB from January 2, 2006 to March 2, 2006.
+shall be valued at the average of the daily market closing price of CXTI
+common stock traded in OTCBB from January 2, 2006 to March 2, 2006.

Upon completion of the first phrase of the e-government under the main
contract signed between Party A and the city government sourced by Party
B, Party A shall be able to continue to construct any further phrases of
-the same e-government project or make nay other construction contracts
+the same e-government project or make any other construction contracts
with the same city government for the constructions of other projects
without the consent of Party B and/or without paying any further
commission to Party B.

[these were in different locations]
-In the event that any situation not contemplated in this Agreement
-occurs, both Party A and Party B may sign supplementary agreement on
-terms agreed upon mutual agreement between the parties herein.

+In the event that any situation not contemplated in this Agreement
+occurs, both Party A and Party B may sign supplementary agreement on
+terms agreed upon mutual agreement between the parties herein.

[these were in different locations]
-This Agreement shall be signed in duplicate, with both Party A and Party
-B keeps one copy respectively. This Agreement becomes effective upon
-signing and sealed by both Parties.

+This Agreement shall be signed in duplicate, with both Party A and Party
+B keeps one copy respectively. This agreement becomes effective upon
+signing and sealed by both parties.

-Party B: FuJian International Consultants Limited

-Address: TrustNet Chambers, P.O. Box 3444, Road Town, Tortola, British
-Virgin Island

+Party B: Fujian Internet Consultants Limited
+
+Address: TrustNet Chambers, P.O.Box 3444, Road Town, Tortola, British
+Virgin Islands

[yeah, I'm working on the Epolin 10-Q, but I've already read it and I'm ok with it. I'm also working on looking at another company in detail, but I've been slow.]

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