AZ vs. CA:03 California Exhibits, Vol III; Nos. 114-150

page 14

-14- second party, second party hereby agrees that first party shall have the exclusive right to sell the entire shares of capital stock of second party, and, except as hereinafter contained, further agrees that first party shall receive for its sole use and benefit all moneys obtained by it from such sale of the stock of first party. IV. It is further hereby mutually agreed between parties hereto, that the first fifty thousand (50,000) shares of stock of second party which may be sold by first party, shall be sold at a price not exceeding Eight and 75/100 ($8.75) dollars per share. It is further agreed that the second fifty thousand (50,000) shares of such stock, shall be sold at a price to be designated by second party, but that such price, so to be designated by second party as aforesaid, shall not be less than Eight and 75/100 ($8.75) dollars per share. It is further mutually agreed between parties hereto, that all moneys received from the sale of the second fifty thousand shares of stock of second party in excess of $8.75 per share shall be paid to second party by first party. It is further agreed, that the first moneys received from the sale of such second fifty thousand shares of stock shall be divided equally between parties hereto, until second party shall have received an amount equal to the amount for which said stock shall have been sold in excess of $8.75 per share. V. Second party hereby agrees to locate all stock sold by first party, as aforesaid, upon the lands to be selected by the purchaser of such stock, or on the order of first party at the time of such sale, provided that such stock shall be