ICT Integrated Circuit Testing GmbH Letterhead
MRS Technology, Inc.
00 Xxxxxxxxx Xxxxx
Xxxxxxxxxx, XX 00000-0000
XXX
Attn..: Xxxx Xxxxxx, Vice President
Bearbeiter: X. X. Xxxx
Durchwahl: 000-000000-00
Datum: 30.September 1996
Business Agreement between MRS and ICT dated October 19th, 1994.
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Dear Xx. Xxxxxx,
the Agreement on the Transfer of Distribution Rights between ICT
Integrated Circuit Testing Gesellschaft fur Halbleiterpruftechnik
mbH, Heimstetten and EBETECH Electron-Beam Technology Vertriebs
GmbH, Heimstetten as well as with MRS Technology, Inc.,
Chelmsford, MA illustrates the consent of all parties to the
transfer of the Distribution Rights from MRS to EBETECH.
1. These Distribution Rights were part of a whole set of
contractual transactions between ICT and MRS on the Business
Agreement and its associated other agreements as of October 19th,
1994. Along with the above mentioned Agreement on the Transfer
of Distribution Rights, this letter proposes to settle a part of
these contractual transactions which still are to be fulfilled
under the terms and provisions of the above mentioned Business
Agreement.
2. The provisions under section 3.4 of said Business Agreement
which specify ICT's obligation to deliver two Beta Tester Units
and MRS's obligation to accept these two Beta Tester Units and
pay for them will be considered fulfilled and are herewith
waived.
3. The payment by MRS of the aggregate purchase price for two
Beta Tester Units amounting to US$ 1,000,000,-- (DM 1.484.900,--)
is owed now by EBETECH to MRS according to the Purchase Agreement
between ICT and EBETECH as of September 26th, 1996. It is agreed
upon that this prepayment deposit is considered as the purchase
price for the two Beta Tester Units owed to MRS by EBETECH. This
purchase price is not to be paid by EBETECH immediately but can
be discharged by future net sales proceeds received by EBETECH.
4. ICT hereby revokes and terminates the warrant it holds
pursuant to the Warrant Issuance Agreement which is part of the
above mentioned Business Agreement.
Please confirm the above mentioned letter agreement by your
signature below and return this letter by Fax. Thank you for
your efforts.
Signed and approved as of date of this letter,
ICT Integrated Circuit Testing Gesellschaft fur
Halbleiterpruftechnik mbH
/s/Xx. Xxxx-Xxxxx Xxxxxxxxx
/s/Xxxxx Xxxxxxx
EBETECH Electron-Beam Technology
Vertriebs GmbH
/s/ Xxxxxxx X.Xxxx
MRS Technology, Inc.
/s/ Xxxx X.Xxxxxx, Xx.
