Exhibit 10.01
Execution Copy
AMENDMENT NO. 3 TO TERMINATION
AGREEMENT
AMENDMENT made as of the 23rd day of September,
2009 by and between TRIMOL GROUP, INC., a Delaware
corporation with offices at 1285 Avenue of the Americas, 35
th Floor, New York, New York 10019 (
“Trimol” ) and ALUMINUM POWER, INC. , an
Ontario, Canada corporation with offices at 87 Scollard Street,
Toronto, Ontario M5R1G4, Canada ( “API”
).
W I T N E S S E T H
:
WHEREAS, Trimol and API are parties to that certain
Termination Agreement dated May 30, 2008, as amended (the
“Termination Agreement” ); and
WHEREAS, Trimol has informed API that subsequent to the
termination of the letter of intent between it and certain sellers
in connection with Trimol’s proposed acquisition of certain
mining properties described therein (the “Prior Letter of
Intent” ), its Board of Directors has
determined that it will continue to pursue other similar
opportunities for an additional twelve months; and
WHEREAS, accordingly, API and Trimol have agreed to
further amend the Termination Agreement, on and subject to the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants herein
and other good and valuable consideration, the recipient and
sufficiency of which are hereby unconditionally acknowledged, the
parties hereto do hereby agree as follows:
(a) For
purposes hereof, the term “Acquisitions” shall
mean the acquisition of mining properties, or interests therein, in
one or more mining properties throughout the world.
(b) References
in Section 1(c) of the Termination Agreement to “December 31,
2008” are hereby changed to “September 22,
2010”.