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Exhibit 10.43
FIRST AMENDMENT TO WARRANT
AGREEMENT 13-2006
This First
Amendment to the Warrant Agreement (the “ First
Amendment ”) is made and entered into effective as of
January 24, 2008 (“ Effective Date ”) by and
between the XsunX, Inc., a Colorado Corporation (" Company
"), and Joseph Grimes , an individual (“ Optionee
”). The Company and or the Optionee hereinafter
may be referred to individually as a “ party ”
and collectively as the “ parties .”
RECITALS
A. The
Company and Optionee are parties to that certain Warrant Agreement
#13-2006 effective June 20, 2006, as amended (“
Agreement ”), under which the Company provided
Optionee with a grant of warrants to purchase common stock of the
Company in accordance with the terms and conditions set forth
therein.
B. The
Company and Optionee now wish to amend the Warrant Agreement as of
the Effective Date in accordance with the terms set forth
herein.
NOW THEREFORE,
in consideration of the foregoing Recitals, which are made a part
of this Amendment, the mutual covenants, agreements, and
representations contained in this Amendment, and other good and
valuable consideration, the adequacy and receipt of which are
hereby acknowledged, the parties agree as follows:
AGREEMENT
1. AMENDED
TERMS.
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