To: Binder who wrote (26 ) 4/5/1999 10:59:00 PM From: Ga Bard Respond to of 211
Civil Suit No. 98-CI-00100 ... Sept, 29, 1998 ... Default Judgement Refining Consultants, Inc. VS Nova Gaz Corporation (Defendant) Being fully advised and having heard evidence as to the amount of damages, the court finds that the defendant has been duly summoned and failed to appear to answer, it is therefore judged by the court that the plaintiff shall have judgement against the defendant as follows, to-wit: 1. That the contractual agreements entered between the parties herein commencing in February of 1997 through April 1, 1997 have been breached by the defendant and are declared terminated. 2. That the defendant and/or it's assigns is permanently enjoined from interfering with the operation and management of affairs of the plaintiff or it's principal, Research Octane Corporation, and are further enjoined from continuing to use, misappropriate and/or make unauthorized disclosures and uses of confidential information and trade secrets of plaintiff or it's principal, Research Octane Corporation, and any other proprietary information received from plaintiff or it's agents. 3. That the plaintiff recover from the defendant actual damages in the amount of $67,500,000.00. 4. That the plaintiff recover form the defendant punitive damages in the amount of $1,000,000, due to the willful and deliberate nature of the defendant's unlawful acts in violation of the plaintiff's rights. 5. That the plaintiff receive from defendants it's costs herein expended in the amount of $200.00 plus attorney's fees in the amount of $7,500.00. It is further adjudged that the plaintiff shall recover interest on all amounts adjudged herein at the legal rate of twelve percent (12%) per annum from the date of this judgement until paid and may have execution. This the 28th day of September, 1998 Eddie C. Lovelace, Judge Clinton Circuit Court Gary Swancey Paid IR in cash and 50K stock option