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Exhibit 10.1

ADVISORY SERVICES AGREEMENT

 

This Advisory Services Agreement (this "Agreement") is entered into effective the 1st day of October, 2009 by and between Summit Trading Limited ("Advisor") and Neah Power Systems, Inc. (the "Company").

 

WHEREAS, Advisor is engaged in the business of providing various professional and consulting services for and on behalf of businesses whose equity securities are publicly traded; and,

 

WHEREAS, in accordance with and subject to rules, regulations and policies of the Securities and Exchange Commission and consistent with federal and state law, Advisor provides advisory services on behalf of its clients on numerous matters pertaining to strategic business planning and new business development (“Services”), which may include Advisor to provide opinions on matters relating to mergers, acquisition, marketing, and financing transactions; and,

 

WHEREAS, the Company, whose shares are publicly traded under the ticker symbol “NPWZ”, has recognized the need for assistance from Advisor on its behalf; and,

 

WHEREAS, the Company desires to engage Advisor to assist in its business efforts, and Advisor desires to provide the above specified Services as agreed to by both parties and any other matters concerning the public image, marketing, international market awareness, or business nature of the Company that the Company and Advisor believe is necessary; and,

 

NOW, THEREFORE, for good and valuable consideration, the receipt, adequacy and sufficiency are acknowledged, the parties agree as follows:

 

1.       Engagement .  The Company engages Advisor and Advisor accepts the engagement from the Company to perform Services upon the terms and conditions of this Agreement, as an independent Advisor to the Company.  Advisor agrees to devote the necessary time required to perform the duties and tasks as may be required from time to time by the Company.  Primarily, Advisor shall identify, introduce, engage, and compensate Investor Relations and/or Public Relations firms


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