0001104659-04-001027 Sample Contracts

SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • January 15th, 2004 • Maxwell Technologies Inc • Electronic computers

THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (the “Second Amendment”) is entered into effective as of October 13, 2003, by and between Maxwell Technologies, Inc., a Delaware corporation (“Seller”) and Horizon Christian Fellowship, a California not for profit corporation (“Buyer”)with reference to the following recitals:

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FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
Purchase and Sale Agreement • January 15th, 2004 • Maxwell Technologies Inc • Electronic computers

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (the “First Amendment”) is entered into effective as of September 26, 2003, by and between Maxwell Technologies, Inc., a Delaware corporation (“Seller”) and Horizon Christian Fellowship, a California not for profit corporation (“Buyer”)with reference to the following recitals:

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
Purchase and Sale Agreement and Joint Escrow Instructions • January 15th, 2004 • Maxwell Technologies Inc • Electronic computers • California

MAXWELL TECHNOLOGIES, INC., a Delaware corporation (“Grantor”), for good and valuable consideration to Grantor in hand paid by , a California (“Grantee”), the receipt and sufficiency of which is hereby acknowledged, does hereby sell and deliver to Grantee all of Grantor’s right, title and interest, if any, in and to:

THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • January 15th, 2004 • Maxwell Technologies Inc • Electronic computers

THIS THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (the “Third Amendment”) is entered into effective as of December 23, 2003, by and between Maxwell Technologies, Inc., a Delaware corporation (“Seller”) and Horizon Christian Fellowship, a California not for profit corporation (“Buyer”) with reference to the following recitals:

ASSET PURCHASE AGREEMENT dated December 10, 2003 between
Asset Purchase Agreement • January 15th, 2004 • Maxwell Technologies Inc • Electronic computers

WHEREAS, Maxwell is specialized in energy storage components and has 3 business units, namely the production of (i) ultra capacitors, (ii) high volume capacitors and (iii) capacitor winding machines;

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