Common use of Attachment 4 Clause in Contracts

Attachment 4. 2 to this Agreement is a complete and correct list of all -------------- employees of the Seller transferred pursuant to Article 4 of this Agreement specifying the name of each such employee and the aggregate amount in Deutsche Mark of the compensation (including wages, salary, commissions, ▇▇▇▇ctor's fees, fringe benefits, bonuses, profit- sharing payments and other payments or benefits of any type) received by such employee from the Seller with respect to the services performed in 2001. No employee indicated in that list as ***** has declared an intention to terminate the employment relationship. Except as set forth in Attachment 4.2 to this Agreement, the Seller is not -------------- a party to or bound by, any employment contract or any union contract, collective bargaining agreement or similar contract in connection with the transferred employees. To the best of Seller's knowledge, no transferred employee is a party to or bound by any confidentiality agreement, non-competition agreement or other contract with any person that may have an adverse effect on the performance by such employee of any of his duties or responsibilities as an employee of the Seller or the Purchaser. --------------------- * In accordance with Rule 24b-2 under the Securities and Exchange Act of 1934, this confidential information has been omitted from this exhibit pursuant to a request for confidential treatment, and has been filed separately with the Securities and Exchange Commission.

Attachment 4. 2 to this Agreement is a complete and correct list of all -------------- employees of the Seller transferred pursuant to Article 4 of this Agreement specifying the name of each such employee and the aggregate amount in Deutsche Mark of the compensation (including wages, salary, commissions, ▇▇▇▇ctor's fees, fringe benefits, bonuses, profit- sharing payments and other payments or benefits of any type) received by such employee from the Seller with respect to the services performed in 2001. No employee indicated in that list as ***** has declared an intention to terminate the employment relationship. Except as set forth in Attachment 4.2 to this Agreement, the Seller is not -------------- a party to or bound by, any employment contract or any union contract, collective bargaining agreement or similar contract in connection with the transferred employees. To the best of Seller's knowledge, no transferred employee is a party to or bound by any confidentiality agreement, non-competition agreement or other contract with any person that may have an adverse effect on the performance by such employee of any of his duties or responsibilities as an employee of the Seller or the Purchaser. --------------------- * In accordance with Rule 24b-2 under the Securities and Exchange Act of 1934, this confidential information has been omitted from this exhibit pursuant to a request for confidential treatment, and has been filed separately with the Securities and Exchange CommissionConfidential Treatment Requested.