This MUTUAL CONSULTING AGREEMENT (the “Agreement”) is made effective as of September 30, 2006
(the “Effective Date”) by and between Nexvu Technologies, LLC., a Delaware limited liability company
(“Nexvu”) and Rory Herriman (“Consultant”).
a. Operational support of Nexvu. This shall include, but not be limited to any product sales, sales
support, customer presentations and product development activities and any other support activities
mutually agreed upon by both parties of this Agreement.
b. Consultant’s performance under this Agreement shall be conducted with due diligence and in full
compliance with the standards consistent with employees of Nexvu. Consultant shall provide the
Consulting Services in accordance with the instructions from Nexvu. The time devoted by Consultant to
the performance of this Agreement shall be left to the discretion of Consultant subject to any schedule
and budget requirements of Nexvu as communicated to Consultant from time to time. Consultant agrees
to be available for meetings with Nexvu and any other Nexvu contractor as requested from time to time
by Nexvu and agreed upon by Consultant, such agreement shall not be unreasonably withheld. If
Consultant’s work requires a license, Consultant represents that it has obtained that license and that such
license is in full force and effect and will remain in full force and effect during the term of this Agreement.
c. Prior to conducting work on under this Agreement and such additional periods of time required under
this Section, Consultant will maintain in full force and effect, at Consultant’s own expense, insurance
coverage as follows: (i) liability insurance covering acts, errors or omissions arising out of, or failure to
render, professional services related to the Consulting Services under this Agreement. Such insurance will
include limits of coverage of the local currency equivalent of not less than $500,000 and will remain in
effect for not less than