Kasten Inc. (KAST)

[PhenixBleu]

Count 6: Breach of Independent Contractor Agreement (Otiko)

94. On February 24, 2011, Otiko executed the Independent Contractor Agreement, thereby creating an enforceable contract with Thru Pharma/Kasten.

95. Otiko has breached the Independent Contractor Agreement by disclosing Kasten’s confidential and proprietary information to third parties.

96. Otiko has breached the Independent Contractor Agreement by failing to return all of Kasten’s information and property after termination of the Agreement.

97. Otiko has breached the Independent Contractor Agreement by using Kasten’s confidential and proprietary information for his personal financial gain, and that of his companies.

98. Otiko has breached the Independent Contractor Agreement by challenging Kasten’s rights to its confidential and proprietary information.

99. Otiko has breached the Independent Contractor Agreement by filing patent applications for technology related to Kasten’s confidential and proprietary information.

100. Otiko has breached the Independent Contractor Agreement by failing to assign intellectual property and inventions relating to Kasten’s confidential and proprietary information.

101. Otiko has breached the Independent Contractor Agreement by engaging in activities that are competitive to Kasten and its products.