0001193125-04-031332 Sample Contracts

NON-COMPETITION AGREEMENT Dated as of January 30, 2004 by and between MR. WAYNE R. INOUYE and GATEWAY, INC.
Non-Competition Agreement • February 27th, 2004 • Gateway Inc • Electronic computers • Delaware

This NON-COMPETITION AGREEMENT, dated as of January 30, 2004 (this “Agreement”), is hereby entered into by and between Mr. Wayne R. Inouye (the “Individual”) and Gateway, Inc., a Delaware corporation (“Gateway”). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement (as described below).

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EMPLOYMENT AGREEMENT
Employment Agreement • February 27th, 2004 • Gateway Inc • Electronic computers • California

THIS EMPLOYMENT AGREEMENT (“Agreement”) is dated as of January 30, 2004, and is entered into by and between Wayne R. Inouye (“Employee”) and Gateway, Inc., a Delaware corporation (the “Company”).

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