0001299933-05-005120 Sample Contracts

SETTLEMENT AGREEMENT
Settlement Agreement • October 7th, 2005 • MKS Instruments Inc • Industrial instruments for measurement, display, and control • Massachusetts

THIS SETTLEMENT AGREEMENT (“Settlement Agreement’’) is made as of this 3rd day of October, 2005 (the “Effective Date”), by and between MKS Instruments, Inc., a Massachusetts corporation with its principal place of business in Wilmington, Massachusetts and Applied Science and Technology, Inc., a Delaware corporation with its principal place of business in Wilmington, Massachusetts, on the one hand, and Advanced Energy Industries, Inc., a Delaware corporation with its principal place of business in Fort Collins, Colorado, on the other hand.

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