TERMINATION AGREEMENT
Exhibit 10.2
This Termination Agreement (the “Termination Agreement“) is entered into as of September 11,
2008 (“Termination Date”) by and among the following parties at Chengdu, the People’s Republic of
China (“PRC” or “China”):
Sichuan Nanguang Vacuum Technology Incorporated Ltd., a company established under the laws of
the PRC, having its registered office at Longtan City Industry Zone, Second Section of East Third
Ring Road, Chengdu, with Xxx Xxxxxx, a PRC citizen, as its current chairman of the board of
directors and legal representative (“Nanguang”);
Yao Chongguo, a citizen of the United States (“Yao Chongguo”); and
TomoTherapy Incorporated, a company established under the laws of the State of Wisconsin,
having its registered office at 0000 Xxxxxx Xxx, Xxxxxxx, Xxxxxxxxx, XXX (“TomoTherapy”).
Each of Nanguang, Yao Chongguo and TomoTherapy shall be respectively referred to as a “Party”,
and shall be collectively referred to as the “Parties”.
WHEREAS, the Parties have entered into an Equity Interest Transfer Agreement dated April 17,
2008 (the “Equity Interest Transfer Agreement”) for the contemplated transfer of 100% of the equity
interest in Chengdu Twin-Peak Accelerator Technology Inc. (the “Company”);
WHEREAS, the Parties intend to enter into a new agreement in connection with the transfer of
the equity interest in the Company on the Termination Date, and would like to confirm that the
Equity Interest Transfer Agreement are terminated.
NOW, THEREFORE, it is hereby agreed:
1. The Parties unanimously agree to terminate the Equity Interest Transfer Agreement on the
Termination Date.
2. Commencing from the Termination Date, all rights and obligations of each Party arising from
the Equity Interest Transfer Agreement shall terminate.
3. This Termination Agreement is executed in both Chinese and English language in two copies,
each Party having one copy with equal legal validity. This Termination Agreement shall become
effective upon the date hereof.
[signature page follow]
1
IN WITNESS WHEREOF, the parties have executed this Termination Agreement as of the Termination
Date.
| Sichuan Nanguang Vacuum Technology Incorporated Ltd. |
||||
| By: | /s/ Xxx Xxxxxx | |||
| Name: | Xxx Xxxxxx | |||
| Position: Legal Representative | ||||
| Yao Chongguo |
||||
| By: | /s/ Yao Chongguo | |||
| TomoTherapy Incorporated |
||||
| By: | /s/ Xxxxx Books | |||
| Name: | Xxxxx Books | |||
| Position: | Chief Operating Officer | |||
2
