0001104659-02-002551 Sample Contracts

January 2, 2002 Randy Acres Los Gatos, CA 95030 Dear Randy:
Non-Competition Agreement • May 15th, 2002 • First Virtual Communications Inc • Computer communications equipment • California

This letter sets forth the terms and conditions of our agreement (the “Agreement”) regarding your resignation of employment with First Virtual Communications, Inc. (the “Company”). The Agreement shall become effective on the day this Agreement is signed by you (the “Effective Date”). You and the Company hereby agree as follows:

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AMENDED AND RESTATED SECURED PROMISSORY NOTE
Stock Pledge Agreement • May 15th, 2002 • First Virtual Communications Inc • Computer communications equipment • California

This Amended and Restated Secured Promissory Note dated as of May 14, 2002 (“Note”), is entered into by and between First Virtual Communications, Inc., a Delaware corporation (the “Lender”), and Killko Caballero, an employee of the Lender (the “Borrower”).

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