FORM OF] INDEMNITY AGREEMENTIndemnification Agreement • July 2nd, 1997 • Cimetrix Inc • Services-prepackaged software • Nevada
BACKGROUNDSettlement Agreement • August 11th, 1997 • Cimetrix Inc • Services-prepackaged software • Utah
1 EXHIBIT 10.8 SUBLEASE AGREEMENT STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO THIS SUBLEASE AGREEMENT is entered into effective the 30th day of June, 1997, by and between Just In Time Solutions, Incorporated, a California Corporation ("Sublessor") and...Sublease Agreement • July 2nd, 1997 • Cimetrix Inc • Services-prepackaged software
EXHIBIT 10 TO FORM 10-Q (Material Contracts) Exhibit Page No. No. Description ------- ---- ----------- 10.1 * Lease with Capitol Properties Four, L.C. 10.2 * 1998 Incentive Stock Option Plan 10.3 * Security Agreement with Michael and Barbara Feaster...Lease Agreement • August 14th, 2002 • Cimetrix Inc • Services-prepackaged software • Utah
INDENTUREIndenture • August 26th, 1997 • Cimetrix Inc • Services-prepackaged software • Nevada
EXHIBIT 10.2 INDEPENDENT CONTRACTOR AGREEMENT THIS INDEPENDENT CONTRACTOR AGREEMENT ("Agreement") is made and entered into as of April 16, 2004, between Dennis Gauger (hereinafter referred to as "Contractor") whose address is 620 East 100 North,...Independent Contractor Agreement • August 16th, 2004 • Cimetrix Inc • Services-prepackaged software • Utah
Exhibit 10 to Form 10-Q (Material Contracts) Exhibit Page Description No. No. ------- ---- ----------- 10.1 * Lease with Capitol Properties Four, L.C. 10.2 * 1998 Incentive Stock Option Plan 10.3 * Security Agreement with Michael and Barbara Feaster...Lease Agreement • May 15th, 2002 • Cimetrix Inc • Services-prepackaged software • Nevada
LEASELease • July 2nd, 1997 • Cimetrix Inc • Services-prepackaged software
LEASE INDEXLease Agreement • August 11th, 1997 • Cimetrix Inc • Services-prepackaged software
EXHIBIT 10.3 NEITHER THIS WARRANT NOR THE SHARES OF STOCK ISSUABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR UNDER ANY STATE SECURITIES LAWS. THIS WARRANT AND SAID SHARES ARE SUBJECT TO...Warrant Agreement • August 16th, 2004 • Cimetrix Inc • Services-prepackaged software • Utah
EXHIBIT 10 TO FORM 10-Q (Material Contracts)Lease Agreement • August 14th, 2003 • Cimetrix Inc • Services-prepackaged software
Exhibit Page No. No. Description ------- -------- ----------- 10.1 * Lease with Capitol Properties Four, L.C. 10.2 * 1998 Incentive Stock Option Plan 10.3 * Security Agreement with Michael and Barbara Feaster 10.4 * Employment Agreement with Robert H. Reback, President and Chief Executive Officer 10.5 * Employment Agreement with David P. Faulkner, Executive Vice President of Sales and Marketing 10.6 * Employment Agreement with Michael D. Feaster, Vice President of Software Development 10.7 * Employment Agreement with Steven K. Sorensen, Vice President and Chief Technical Officer 10.8 * Amendment 1 to 1998 Incentive Stock Option Plan 10.9 * Amendment 2 to 1998 Incentive Stock Option Plan 10.10 * Form of Indemnification Agreement with directors and officers 10.11 * Settlement Agreement and Mutual Release with Peter Manley and Jana Manley 10.12 * Convertible Note Purchase Agreement and Convertible Note with Tsunami Network Partners Corporation
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2011 • Cimetrix Inc • Services-prepackaged software • Nevada
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of September 27, 2011 (the “Effective Date”) between SILICON VALLEY BANK, a California corporation (“Bank”), and CIMETRIX INCORPORATED, a Nevada corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
SILICON VALLEY BANK AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 18th, 2008 • Cimetrix Inc • Services-prepackaged software
This LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of April 9, 2008, between SILICON VALLEY BANK, a California chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 (FAX 408.496.2410) and a loan production office located at 8705 SW Nimbus Suite 240, Beaverton, OR 97008 (FAX 503.526.0818) (“Bank”) and CIMETRIX INCORPORATED, a Nevada corporation, with offices at 6979 S. High Tech Drive, Salt Lake City, Utah 84047 (FAX 801.256.6510) (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • August 13th, 2013 • Cimetrix Inc • Services-prepackaged software • Utah
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of August 9, 2013 by and between Cimetrix Incorporated (the “Company”), and David P. Faulkner (the “Executive”), to be effective as of January 1, 2013 (the “Effective Date”).
CIMETRIX, INC. 100 North Tampa Street Suite 3550 Tampa, FL 33602 (813) 277-9199 SENT BY FACSIMILE (972) 516-9278 May 15, 1997 A Paul A. Johnson PAJ Software Development 2200 Bluffton Drive Plano, Texas 75075 Re: Consulting Agreement Dear Paul: On...Consulting Agreement • August 11th, 1997 • Cimetrix Inc • Services-prepackaged software
OEM AGREEMENTOem Agreement • August 29th, 1997 • Cimetrix Inc • Services-prepackaged software • Utah
CIMETRIX INCORPORATED EMPLOYMENT AGREEMENTEmployment Agreement • March 25th, 2010 • Cimetrix Inc • Services-prepackaged software • Nevada
THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 18th day of March 2010, by and between CIMETRIX INCORPORATED, a Nevada corporation (the "Company") and Jodi M. Juretich (the "Executive"), to become effective as of January 1, 2010 (the “Effective Date").
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 17th, 2014 • Cimetrix Inc • Services-prepackaged software
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 16th day of December, 2014 by and between SILICON VALLEY BANK, a California corporation (“Bank”), and CIMETRIX INCORPORATED, a Nevada corporation (“Borrower”), whose address is 6979 South High Tech Drive, Salt Lake City, Utah 84047-3757.
CIMETRIX INCORPORATED EXTENSION OF THE EMPLOYMENT AGREEMENTEmployment Agreement • October 4th, 2006 • Cimetrix Inc • Services-prepackaged software
THIS EXTENSION OF THE EMPLOYMENT AGREEMENT (this “Extension”) is made and entered into this 3rd day of October, 2006, by and between CIMETRIX INCORPORATED, a Nevada corporation (the “Company”), and David P. Faulkner (the “Executive”), to be effective as of January 1, 2006 (the “Effective Date”).
INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • August 15th, 2005 • Cimetrix Inc • Services-prepackaged software • Utah
THIS AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (this “Amendment”) is dated as of April 5, 2005, by and between Dennis Gauger, an individual resident of the State of Utah (the “Contractor”) and Cimetrix Incorporated, a Nevada corporation (“Cimetrix”).
OEM AGREEMENTOem Agreement • August 26th, 1997 • Cimetrix Inc • Services-prepackaged software • Utah
SUPPLEMENTARY CONSULTING AGREEMENT This is an Agreement, dated this 8th day of August, 1995, between Cimetrix Incorporated, a Nevada corporation ("Cimetrix") and Bicoastal Holding Company, a Nevada corporation ("Bicoastal"). Background Paul A....Consulting Agreement • March 28th, 1996 • Cimetrix Inc • Services-prepackaged software
EXHIBIT 10 TO FORM 10-Q (Material Contracts) Exhibit Page No. No. Description ------- ----- ----------- 10.1 * Lease with Capitol Properties Four, L.C. 10.2 * 1998 Incentive Stock Option Plan 10.3 * Security Agreement with Michael and Barbara Feaster...Lease Agreement, Stock Option Plan, Security Agreement, Employment Agreement • November 15th, 2002 • Cimetrix Inc • Services-prepackaged software • Utah
CIMETRIX INCORPORATED EXTENSION OF THE EMPLOYMENT AGREEMENTEmployment Agreement • March 25th, 2010 • Cimetrix Inc • Services-prepackaged software
THIS EXTENSION OF THE EMPLOYMENT AGREEMENT (this "Extension") is made and entered into this 18th day of March, 2010, by and between CIMETRIX INCORPORATED, a Nevada corporation (the "Company"), and David P. Faulkner (the "Executive"), to be effective as of January 1, 2010 (the "Effective Date").
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 19th, 2010 • Cimetrix Inc • Services-prepackaged software
THIS THIRD AMENDMENT to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into effective as of the 24th day of December, 2009, by and between Silicon Valley Bank (“Bank”) and Cimetrix Incorporated, a Nevada corporation (“Borrower”) whose address is 6979 S. High Tech Drive, Salt Lake City, Utah 84047.
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (EX-IM LOAN FACILITY)Loan and Security Agreement (Ex-Im Loan Facility) • January 23rd, 2009 • Cimetrix Inc • Services-prepackaged software
THIS FIRST AMENDMENT to Loan and Security Agreement (EX-IM Loan Facility) (this “Amendment”) is effective as of the 25th day of December, 2008, by and between Silicon Valley Bank (“Bank”) and Cimetrix Incorporated, a Nevada corporation (“Borrower”) whose address is 6979 S. High Tech Drive, Salt Lake City, Utah 84047.
AGREEMENTConsulting Agreement • July 2nd, 1997 • Cimetrix Inc • Services-prepackaged software • Florida
INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • May 15th, 2008 • Cimetrix Inc • Services-prepackaged software • Utah
THIS AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (this “Amendment”) is dated as of April 16th, 2008, by and between Dennis Gauger, an individual resident of the State of Utah (the “Contractor”) and Cimetrix Incorporated, a Nevada corporation (“Cimetrix”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 31st, 2008 • Cimetrix Inc • Services-prepackaged software • Nevada
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date between SILICON VALLEY BANK, a California corporation (“Bank”), and CIMETRIX INCORPORATED, a Nevada corporation (“Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
ACQUISITION AGREEMENT AND AGREEMENT AND PLAN OF MERGERAcquisition Agreement • October 4th, 2005 • Cimetrix Inc • Services-prepackaged software • Utah
THIS ACQUISITION AGREEMENT AND AGREEMENT AND PLAN OF MERGER (this “Agreement”) is dated as of October 3, 2005, and entered into by and among Cimetrix Incorporated, a Nevada corporation (“Parent”), Cimetrix Merger Corporation, a Nevada corporation and a wholly-owned subsidiary of Parent (“Purchaser”), EFS Solutions, Inc., a Minnesota corporation (“EFS,” and together with Purchaser, the “Constituent Entities”), and William R. Reid and Nandini Subbarao (collectively, the “EFS Shareholders”). Reference is made to Article X for the definitions of certain terms used in this Agreement.
AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • May 15th, 2007 • Cimetrix Inc • Services-prepackaged software • Utah
THIS AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (this “Amendment”) is dated as of April 16th, 2007, by and between Dennis Gauger, an individual resident of the State of Utah (the “Contractor”) and Cimetrix Incorporated, a Nevada corporation (“Cimetrix”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (EX-IM LOAN FACILITY)Loan and Security Agreement (Ex-Im Loan Facility) • January 19th, 2010 • Cimetrix Inc • Services-prepackaged software
THIS THIRD AMENDMENT to Loan and Security Agreement (EX-IM Loan Facility) (this “Amendment”) is entered into effective as of the 24th day of December, 2009, by and between Silicon Valley Bank (“Bank”) and Cimetrix Incorporated, a Nevada corporation (“Borrower”) whose address is 6979 S. High Tech Drive, Salt Lake City, Utah 84047.
LOAN AND SECURITY AGREEMENT (EX-IM LOAN FACILITY)Loan and Security Agreement • April 18th, 2008 • Cimetrix Inc • Services-prepackaged software • Nevada
THIS LOAN AND SECURITY AGREEMENT (EX-IM LOAN FACILITY) (“EX-IM AGREEMENT”) dated as of the Closing Date, between SILICON VALLEY BANK (“Bank”), California Corporation, and CIMETRIX INCORPORATED, a Nevada corporation (“Borrower”), provides the terms on which Bank will lend to Borrower and Borrower will repay Bank. The parties agree as follows:
CIMETRIX INCORPORATED EXTENSION OF THE EMPLOYMENT AGREEMENTEmployment Agreement • April 25th, 2006 • Cimetrix Inc • Services-prepackaged software
THIS EXTENSION OF THE EMPLOYMENT AGREEMENT (this “Extension”) is made and entered into this 21 day of April, 2006, by and between CIMETRIX INCORPORATED, a Nevada corporation (the “Company”), and Robert H. Reback (the “Executive”), to be effective as of January 1, 2006 (the “Effective Date”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2012 • Cimetrix Inc • Services-prepackaged software
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into this 26th day of September, 2012, by and between SILICON VALLEY BANK, a California corporation (“Bank”), and CIMETRIX INCORPORATED, a Nevada corporation (“Borrower”), whose address is 6979 South High Tech Drive, Salt Lake City, Utah 84047-3757.
