0000912057-01-537118 Sample Contracts

MUTUAL NON-DISCLOSURE AND NON-SOLICITATION AGREEMENT

Non-Solicitation Agreement • October 31st, 2001 • Earthlink Inc • Services-computer programming, data processing, etc. • Georgia

• Contract Type
  Non-Solicitation Agreement
• Filed
  October 31st, 2001
• Company
  Earthlink Inc
• Industry
  Services-computer programming, data processing, etc.
• Jurisdiction
  Georgia

This Mutual Non-Disclosure and Non-Solicitation Agreement (this "Agreement") is made as of September 6, 2001 between EarthLink, Inc., a Delaware corporation ("EarthLink"), and CIDCO, Incorporated., a Delaware corporation ("CIDCO"). EarthLink and CIDCO are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER

Agreement and Plan of Merger • October 31st, 2001 • Earthlink Inc • Services-computer programming, data processing, etc.

• Contract Type
  Agreement and Plan of Merger
• Filed
  October 31st, 2001
• Company
  Earthlink Inc
• Industry
  Services-computer programming, data processing, etc.

This First Amendment to Agreement and Plan of Merger (the "Amendment") dated as of this day of October 2001, is entered by and among EarthLink, Inc., a Delaware corporation ("EarthLink"), EarthLink Acquisition Sub, Inc., a Delaware corporation ("Sub"), and Cidco Incorporated, a Delaware corporation ("Cidco").

ADVANCE AGREEMENT

Advance Agreement • October 31st, 2001 • Earthlink Inc • Services-computer programming, data processing, etc. • Georgia

• Contract Type
  Advance Agreement
• Filed
  October 31st, 2001
• Company
  Earthlink Inc
• Industry
  Services-computer programming, data processing, etc.
• Jurisdiction
  Georgia

THIS ADVANCE AGREEMENT is dated as of October 17, 2001 (this "Agreement"), by and between CIDCO, INCORPORATED, a Delaware corporation ("Company"), and EARTHLINK, INC., a Delaware corporation ("Lender").