Separation Agreement between Brian Collins and Phon-net.com Inc.
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Summary
This agreement, effective September 7, 2001, is between Brian Collins and Phon-net.com Inc. It ends all business relationships between the parties. Brian Collins agrees to resign as President and CEO, forgives any claims for director's loans and employment issues, and releases the company from all past and future claims. In return, he receives $20,000. Both parties agree this is a full and final settlement of all claims, and they acknowledge having had the opportunity to seek independent legal advice.
EX-2.1 3 ex21phon.htm Exhibit 2.1 for Phon-Net.com Inc.
Exhibit 2.1 SEPARATION AGREEMENT This SEPARATION AGREEMENT ("AGREEMENT"), between Brian Collins, referred to as "BRC", and Phon-net.com Inc., a Florida corporation, referred to as "COMPANY" W I T N E S S E T H: A. WHEREAS, COMPANY is a corporation organized under the laws of Florida. B. WHEREAS, BRC and the COMPANY are willing to terminate all business relationships. C. WHEREAS, the BRC shall forgive and release the Corporation for any and all claims or entitlements for Director's Loan, any and all monetary claims, and all employment issues D. WHEREAS, COMPANY and BRC will benefit from the transactions contemplated hereby and desire to implement the contemplated transaction. NOW, THEREFORE, it is agreed among the parties as follows: DEFINITIONS "Effective Date" The effective date of this agreement shall be the 7th day of September 2001. "Director's Loan" Any monetary amount advanced to the Corporation by an officer or director of the corporation, directly or indirectly, with the expectation of repayment. "Employment Contract" All contracts for employment between BRC and the corporation. TERMS BRC will immediately resign his position as President and Chief Executive Officer. FURTHER CLAIMS IN CONSIDERATION of TWENTY THOUSAND DOLLARS USD ($20,000), the forgiveness to Phon-net.com Inc., in the amount claimed by BRC the receipt and sufficiency of which is hereby acknowledged, both parties forever release, remise and discharge each other, their subsidiaries, affiliates, predecessors, successors, divisions, joint ventures, business partners, parent companies and related companies, and all of their officers, directors, employees, agents, insurers, heirs, executors and assigns (hereinafter collectively referred to as the "COMPANY"), jointly and severally from any and all actions, causes of action, contracts (whether express or implied), claims and demands for damages, loss or injury, suits, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity, which against each other have ever had, now have, or can hereafter have by reason of or arising out of any cause or causes whatsoever existing up to and inclusive of the date of this Release, including, without limiting the generality of the foregoing; UNDERSTANDING AND WE HEREBY DECLARE that we have had the opportunity to seek independent legal advice with respect to the matters addressed in this Release and the terms of settlement which have been agreed to by the BRC and the COMPANY and that we fully understand this Release and the terms of settlement. We have not been influenced by any representations or statements made by or on behalf of the COMPANY. We hereby voluntarily accept the said terms for the purpose of making full and final compromise, adjustment and settlement of all claims as aforesaid. COMPLETE AGREEMENT We understand and agree that this Release and the Settlement Agreement attached hereto contain the entire agreement between the BRC and THE COMPANY and that the terms of this Release and the Settlement Agreement are contractual and not a mere recital. BRC: To: Brian Collins 3360 Beach Drive Victoria, British Columbia V8R 6M3 Canada COMPANYS: To: Phon-net.com Inc. 250-708 11th Ave SW CALGARY, AB T2R 0E4 or such other addresses as shall be furnished in writing by any party, and any such notice or communication shall be deemed to have been given as of the date received. IN WITNESS WHEREOF, the parties have set their hands this 7th day of September, 2001 BRCS: /s/ Brian Collins Brian Collins COMPANY: /s/Todd Violette Phon-net.com Inc.