0000891618-05-000446 Sample Contracts

THERMA-WAVE, INC. FORM OF INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 27th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control • Delaware

THIS AGREEMENT is entered into, effective as of by and between Therma-Wave, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).

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Therma-Wave, Inc. JOSEPH PASSARELLO EMPLOYMENT AGREEMENT
Employment Agreement • June 27th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control • California

This Agreement is entered into as of April l1, 2005, (the “Effective Date”) by and between Therma-Wave, Inc. (the “Company”), and Joseph Passarello (“Executive”).

EXCLUSIVE REPRESENTATIVE AGREEMENT
Exclusive Representative Agreement • June 27th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control • California

This Representative Agreement (“Agreement”) is made by and between Therma-Wave, Inc., with its principle place of business at 1250 Reliance Way, Sunnyvale California 94539 USA, a Delaware corporation, (“Supplier”) and Hermes-Epitek Corporation, with its principle place of business at No. 18, Creation Road 1, Science Park Hsin-Chu, 300 Taiwan, R.O.C. a corporation of the Republic of China (“Representative“) with an effective date as of April 19, 2005 (“Effective Date”).

LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • June 27th, 2005 • Therma Wave Inc • Industrial instruments for measurement, display, and control

This Loan Modification Agreement is entered into as of January 31, 2005, by and between THERMA-WAVE, INC., a Delaware corporation (the “Borrower”) and SILICON VALLEY BANK (“Silicon”).

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