TERMINATION AGREEMENT
This
Agreement, dated as of March 25, 2008, is made by and between
Ethanex Energy, Inc., a Nevada corporation (“
Ethanex ”),
and Bühler Inc., a Minnesota
corporation
(“
Bühler ”).
Ethanex and Bühler hereby agree as follows:
1
.
Termination of Joint Marketing Agreement .
The Joint Marketing Agreement dated as of April 20, 2007 by
and between Ethanex and Bühler (as amended to date, the
“Joint Marketing Agreement”) is terminated and neither
party has any further obligation thereunder except that Section
2(d) of the Joint Marketing Agreement shall survive.
2.
Release by Ethanex .
Ethanex for itself and for and on behalf of all of its parent
corporations, subsidiary corporations, affiliated corporations,
insurers, indemnitors, successors and assigns, together with all of
the present and former directors, officers, agents and employees of
any of the foregoing (collectively, the “Ethanex
Parties”), absolutely and unconditionally releases and
forever discharges the Bühler Parties from any and all claims,
demands or causes of action of any kind, nature or description,
whether arising in law or equity or upon contract or tort or under
any state or federal law or otherwise, that any Ethanex Party has
had, now has or has made claim to have against any Bühler
Party for or by reason of any act, omission, matter, cause or thing
whatsoever arisi
