0001104659-09-007662 Sample Contracts

CONSULTING AGREEMENT
Consulting Agreement • February 9th, 2009 • Capstone Turbine Corp • Engines & turbines • California

This Consulting Agreement (“Agreement”) is entered into as of December 1, 2008, by and between Capstone Turbine Corporation (the “Company”) and Leigh Estus (“Consultant”). The Company desires to retain Consultant as an independent contractor to perform consulting services for the Company, and Consultant is willing to perform such services, on the terms described below. In consideration of the mutual promises contained herein, the parties agree as follows:

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GENERAL RELEASE AND SEPARATION AGREEMENT
General Release and Separation Agreement • February 9th, 2009 • Capstone Turbine Corp • Engines & turbines

This General Release and Separation Agreement (“Agreement”) is entered into by and between Capstone Turbine Corporation (“Capstone”) on the one hand, and Leigh Estus (“Employee”), on the other hand. Capstone and Employee shall be referred to herein, collectively, as the “Parties.” Employee enters into this Agreement in accordance with Section 4.04 of the 2002 Capstone Turbine Corporation Severance Pay Plan (the “Plan”) and in exchange and consideration for the applicable severance payment for which Employee is eligible to receive under the Plan, which in the case of Employee is $115,450.01 (the “Severance Payment”). The Severance Payment will be paid in accordance with Section 4.03 of the Plan which currently provides for payment in the same manner as Capstone’s regular payroll practices.

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