0000950123-07-014658 Sample Contracts

Contract
Indemnification Agreement • November 1st, 2007 • Opnext Inc • Semiconductors & related devices • Delaware

WHEREAS, Indemnitee does not regard the protection available under the Company’s Bylaws and insurance as adequate in the present circumstances, and may not be willing to serve as an officer or director without adequate protection, and the Company desires Indemnitee to serve in such capacity. Indemnitee is willing to serve, continue to serve and to take on additional service for or on behalf of the Company on the condition that he be so indemnified; and

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Non-Competition Agreement
Non-Competition Agreement • November 1st, 2007 • Opnext Inc • Semiconductors & related devices • Delaware

This Non-Competition Agreement (the “Agreement”), effective as of November 1, 2007 (the “Effective Date”), is made by and between Gilles Bouchard (the “Executive”) and Opnext, Inc., a Delaware corporation, and any of its subsidiaries and affiliates as may employ Executive from time to time (collectively, and together with any successor thereto, the “Company”).

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