0000891618-09-000110 Sample Contracts

FOURTH MODIFICATION TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 27th, 2009 • Energy Recovery, Inc. • Special industry machinery, nec

This Fourth Modification to Loan and Security Agreement (this “Modification”) is entered into by and between ENERGY RECOVERY, INC. (“Borrower”) and COMERICA BANK (“Bank”) as of December 23, 2008, at San Jose, California.

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1717 DOOLITTLE DRIVE 2250 WILLIAMS STREET MODIFIED INDUSTRIAL GROSS LEASE
Modified Industrial Gross Lease • March 27th, 2009 • Energy Recovery, Inc. • Special industry machinery, nec • Delaware

THIS LEASE (“Lease”), dated as of November 25, 2008 (the “Effective Date”), is made by and between DOOLITTLE WILLIAMS, LLC, a California limited liability company (“Landlord”), and ENERGY RECOVERY, INC., a Delaware corporation (“Tenant”).

THIRD AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • March 27th, 2009 • Energy Recovery, Inc. • Special industry machinery, nec

This Third Amendment to the Executive Employment Agreement of G.G. Pique (“Third Amendment”) is made as of December 31, 2008 (“Third Amendment Effective Date”) by and between Energy Recovery, Inc., a Delaware corporation, with its principal offices at 1908 Doolittle Drive, San Leandro, CA 94577 (the “Company” and G.G. Pique, an individual (the “Executive”) ( together, the “Parties”) in order to satisfy the requirements of Section 409A of the Internal Revenue Code of 1986, as amended and the Treasury Regulations promulgated thereunder, as amended.

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