EX 10-2 MUTUAL RELEASE DATED
JANUARY 30, 2009 BETWEEN XENOMICS, INC. AND GIANLUIGI
LONGINOTTI-BUITONI.
Mutual Release
Upon
the occurrence of the Effective Date (as that term is defined in
Section 4(a) of that certain Forbearance Agreement dated as of
January 16, 2009 by and among Xenomics, Inc. and the holders of 6%
convertible debenture notes (the “Forbearance
Agreement”), Gian Luigi Buitoni (“Buitoni”), an
individual residing in the State of New York, in consideration of
the sum of TEN DOLLARS ($10.00), received from Xenomics, Inc. (the
“Company”), a Florida corporation having offices
located at One Deer Park Drive, Suite F, Monmouth Junction, New
Jersey 08852, and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, releases and
discharges the Company, its officers, directors, subsidiaries,
affiliates, successors and assigns, from all actions, causes of
action, suits, liabilities, contracts, controversies, promises,
damages, claims, and demands whatsoever, in law, at equity, known
or unknown, suspected or unsuspected, which against the Company,
its officers, directors, subsidiaries, affiliates, successors and
assigns, Buitoni ever had, now has or hereafter can, shall or may,
have for, upon, or by reason of any matter, cause or thing
whatsoever from the beginning of the world to the day of the date
of this Mutual Release, arising out of or concerning the Company or
his involvement therewith, but this release expressly excludes any
right to payment Buitoni may have pursuant to shares of stock,
stock options or debentures issued by the Company in his favor that
are held by him as of the date hereof. This release
shall not be effective unless and until the occurrence of the
Effective Date.
Upon
the occurrence of the Effective Date, the Company, in consideration
of the sum of TEN DOLLARS ($10.00), received from Buitoni, and
other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, releases and discharges Buitoni, his
heirs, administrators, executors, successors and assigns, from all
actions, causes of action, suits, liabilities, contracts,
controversies, promises, damages, claims, and demands whatsoever,
in law, at equity, which against Buitoni the Company, its officers,
directors, subsidiaries, affiliates, successors and assigns, ever
had, now has or hereafter can, shall or may, have for, upon, or by
reason of any matter, cause or thing whatsoever from the beginning
of the world to the day of the date
