Exhibit 10.43
DATE: September 23, 2003
TO: Xxxxx Xxxxx
FROM: Xxxxx Xxxxxxxx
RE: Addendum to Separation Agreement dated September 11, 2003
The following is agreed to become part of the Separation Agreement entered into
between Asyst Technologies, Inc. and Xxxxx Xxxxx on September 11, 2003.
XXXXX'X ASSISTANCE FOLLOWING SEPARATION DATE. Following the Separation Date, and
for the period not to exceed two (2) years thereafter, you agree to make
yourself available as reasonably requested by the Company, through its Chief
Executive Officer and/or General Counsel, to provide information and/or
assistance in conjunction with past or pending matters in which you were
involved or had responsibility during your employment with the Company, subject
to your availability. This may include being reasonably available to assist in
the pending arbitration proceeding brought against the Company by Xxxxx Xxxxxx
(and any later-filed related civil, administrative or other proceedings),
including making yourself available to counsel for the Company and to provide
testimony as a witness in any such proceeding. Such requested assistance shall
not, absent your agreement, exceed thirty (30) hours in any given calendar
month. The Company shall reimburse you for all reasonable and actual
out-of-pocket expenses, and shall compensate you for your time actually incurred
at a rate to be agreed to by you and the Company (but which rate shall not be
less than $200.00 per hour of your time).
/s/ Xxxxxxx X. Xxxxxxxx September 23, 2003
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Xxxxxxx X. Xxxxxxxx Date
Chairman & CEO
AGREED AND ACCEPTED:
/s/ Xxxxxxxx Xxxxx 9/23/2003
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Xxxxxxxx Xxxxx Date
