Free Reply to Opposition - District Court of California - California

`C ‘· Case 3:07-cv-02732-SC Document 59-2 Filed O1/25/2008 Page 1 of 2 - A
i Trevor A. Moss i 7 -
_ 3645 Crown HH! Dr. Santa Rosa, CA 95404-7659 _ 7 ‘ . ‘ t
Tuesday, 19 December 2006 7 i __ 7 - - i
g Nui Phan Mining joint Venture Company Limited - - i
c / o Tiberon Minerals Ltd. i 7 ’ i
100 Yonge Street, Suite 1101 ‘ - _
i · Scotia Plaza _
· Toronto, ONT _ I A `
Canada .
` MSC 2W] _ e A
Attention: Marion Caron — President a.nd CEO V I.’1
Subject: Consulting Services Agreement I C ’ i _'
2006 Bonus Due 7 _
· Dear Mario: » 7 . 7 7
I write in reference to my Consulting Services Agreement (the “Agreement") dated 155 August 2005 and
the Termination Notice for said Agreement (the “'I’ermination") dated 25*]* August 2006. Article 2 (b) of
7 7 the Agreement provides for payment of an annual bonus. - .
Pursuant to Mticle 2(b) my predetermined annual objectives (the "Objectives") were established on 255
February 2006 as reflected in the attachment. Termination was effective 31st August 2006. c
l worked diligently tluoughout my tenure ivith Nui Phao l\/Iiningjoint Venture Company Limited and ‘
faced many unanticipated challenges. Through my efforts I satistied each and every one of the _ ·
‘ ' Objectives defined. I_ am, therefore, due the full amount of the in the amount of US$125,000, calculated
in the manner described in Articles 2(lo) and 5 ofthe Agreement. i
I would appreciate prompt payment of the bonus to complete my Agreement. I - i
Yours sincerely, r I _ l C 7
`_ . ’____,/ 74,/il 7_-' 'iii A K '
.i 7 · __ -·*"’H 77 fg ( 7-}(_7i77.7 J /7.
K ( .
Trevor A. Moss K C U _ . K . . i
cc: Bill Horwich _ 7
phone: +1 925 577 1078 “
" fax: +1 707 581 7314 ` _
e-mail: [email protected] ‘ .

‘ l ` Case 3:07-cv-02732TSC Document 59-2 Filed O1/25/2008 Page 2 of2 `
n n MINERALS LTD.
» _ ` MEMORANDUM
· Thursday, 02 February 2006 _ P
To: Mario Caron From: Trevor Ai Moss _
cc: _
Subject: Annual Objectives — 2006 _ _ ,
· A A A Description Plan ‘ Rank Grade U _Outcome
- Complete the upgrade of the ESIA and 1 April 1
issue for Project fnancing and " 2006 -
implementation . `
Finalist: and issue the project Control 30 june 1 i t
Estimate andProject Completion Schedule. - 2006
` ‘ Maintain expenditures within the approved 31 . 1 in 0 ‘ .
- budget to the extent that this Supports December _ `
unhindered development of the Project 2006 `
Further the development, of Nuiphaovica l 31 T I , n
- toward operation status — improve internal December -
smanagement and controls — relocate main 2006 l ‘ A
office functions to Dai Tu (to the extent
_ that development progress supports this 1 _
objective) T ` _
Award the EPCM Contract. 1 February 2
‘ 2006 _
-l\/laximise development ofthe Project in _ 2 A _ ‘
accordance with agreed schedules
l Assist in the timely completion of loan ‘ . 2 r
documentation and agreements . _
l Further the appropriate development of 31 3 p _ ·
- _ operational supply agreements — power, rail, December .
· port . 2006 . _
Assist in further development of Tiberon 3 _
Minerals · U _ ‘ `
‘ ‘ I I of 1 I

Case 3:07-cv-02732-SC

Document 59-2

Filed 01/25/2008

Page 1 of 2

Case 3:07-cv-02732-SC

Document 59-2

Filed 01/25/2008

Page 2 of 2