EXHIBIT 10.65
February 20, 2004
Xx. Xxxxxxx X. Xxxxx
000 Xxxxxxx Xxxxxx
Xxxx Xxxx, XX 00000
Dear Xxxx:
This letter sets forth the agreement that you and Caliper Life Sciences, Inc.
(f/k/a Caliper Technologies Corp ("Caliper") have reached regarding a
modification of the terms of the letter agreement dated July 8. 2003 between you
and Caliper (the "Separation Agreement") relating to the terms of the
termination of your employment by Caliper.
1. Paragraph 2(h)(i) of the Separation Agreement is hereby
amended and restated in full to read as follows:
"(i) SALARY CONTINUATION. The Company will pay you severance
in form of salary continuation of your base salary in effect on the
Separation Date ($29,167) per month) for a period of six months
following the Separation Date (the "Salary Continuation"). The Salary
Continuation will be paid on the Company's ordinary payroll dates and
will be subject to standard payroll deductions and withholdings. The
Salary Continuation will continue for six months until a total of
$175,002 has been paid to you, even if you commence full-time
employment with another business entity"
2. The first sentence of paragraph 3(c) of the Separation
Agreement is hereby amended and restated in full to read as follows:
"During the Consulting Period, the Company will pay you $400 per hour
"Consulting Fees for your services; provided, however, that the first
five (5) days of consulting services provided by you hereunder shall be
at a rate of $100 per day."
3. Except as expressly modified pursuant to this letter
amendment, the Separation Agreement shall remain in full force and effect.
Xx. Xxxxxxx X. Xxxxx
Page 2
If this letter amendment is acceptable to you, please sign below and return the
original to me.
Sincerely,
CALIPER LIFE SCIENCES, INC.
By: /s/Xxxxxxx Xxxxxxx
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Xxxxxxx X. Xxxxxxx
Vice President and General Counsel
AGREED:
/s/ Xxxxxxx Xxxxx
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XXXXXXX X. XXXXX
Dated: March 2, 2004
