AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • February 27th, 2009 • Cymer Inc • Special industry machinery, nec • California
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into effective as of November 6, 2008 (“Effective Date”) by and between CYMER, INC., a Nevada corporation (the “Company”) and the Company’s President and Chief Operating Officer (COO), EDWARD J. BROWN, JR. (the “Employee”). This Agreement shall replace and supersede that certain Amended and Restated Employment Agreement between Employee and the Company entered into effective as of December 1, 2007 (the “Original Employment Agreement”).
Re: Separation AgreementIndemnification Agreement • February 27th, 2009 • Cymer Inc • Special industry machinery, nec • California
This letter sets forth the terms and conditions of our agreement (the “Agreement”) regarding the termination of your employment with Cymer, Inc. and all subsidiary and/or affiliated entities (the “Company”). This Agreement shall become effective on the “Effective Date” as defined in Section 12. This Agreement supersedes and extinguishes that certain Amended and Restated Employment Agreement between you and the Company entered into effective November 6, 2008 (the “2008 Amended Employment Agreement”), which shall be null and void upon the Effective Date. You and the Company hereby agree as follows:
AMENDMENT NO. 1 TO AMENDED AND RESTATED JOINT VENTURE AGREEMENTJoint Venture Agreement • February 27th, 2009 • Cymer Inc • Special industry machinery, nec
This Amendment No. 1 to Amended and Restated Joint Venture Agreement (this “Amendment No. 1”) is made as of 9 January 2009 (the “Amendment No. 1 Effective Date”) by and between Cymer, Inc., a Nevada corporation (“Cymer”), and Carl Zeiss Laser Optics Beteiligungsgesellschaft mbH, a limited liability company organized under the laws of Germany (“Zeiss LOB”), and amends and supplements that certain Amended and Restated Joint Venture Agreement, dated 12 September 2006 (the “Restated Agreement”) among TCZ GmbH, a limited liability company organized under the laws of Switzerland, Cymer, Carl Zeiss SMT AG, a stock corporation organized under the laws of Germany, Zeiss LOB , and TCZ Pte. Ltd., a company incorporated in Singapore. All capitalized terms used in this Amendment No. 1 but not otherwise defined herein shall have the meanings given such terms in the Restated Agreement and, unless otherwise specified, references to Sections refer to Sections of the Restated Agreement.
