Common use of Royalty Payments to ATMI Clause in Contracts

Royalty Payments to ATMI. In addition to IM’s obligation to pay ATMI royalties for brokered sales of Wets Workflows to Strategic Accounts as set forth in Section 5.1 of the Addendum, the parties agree that IM’s royalty obligations shall apply to any Wets Workflow sale brokered by ATMI to one of its strategic material company partners. The second sentence of Section 5.1 of the Addendum is hereby amended to read as follows: “ATMI shall only be deemed to have successfully brokered the sale if the Strategic Account or ATMI strategic material company partner (a) issues a purchase order acceptable to IM in its reasonable discretion, and (b) signs an agreement for the purchase of an element of the Wets Workflow, under terms and conditions generally consistent with those set forth in the Agreement (except for terms relating to exclusivity and volume discounts, and terms relating to the Alliance Agreement).” This Section does not change any of the other terms of Section 5.1 of the Addendum which shall remain in full force and effect. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.