SUIT OR
PROCEEDING IN NEW HAMPSHIRE WITH RESPECT TO ANY MATTERS TO WHICH IT HAS
SUBMITTED TO JURISDICTION IN THIS PARAGRAPH 24.
EACH OF THE PARTIES HERETO
IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF
ANY DISPUTES AND CLAIMS UNDER PARAGRAPHS 5, 6 AND 7 AND FOR THE ENFORCEMENT OF
ANY FINAL DETERMINATION AND THEREBY IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE AND ANY COURT OF THE STATE OF NEW HAMPSHIRE, AND
HEREBY AND THEREBY FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND AGREES NOT
TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING
BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
7
24.
WAIVER OF JURY TRIAL - AS A SPECIFICALLY BARGAINED FOR INDUCEMENT FOR EACH
OF THE PARTIES HERETO TO ENTER INTO THIS LETTER AGREEMENT (AFTER HAVING THE
OPPORTUNITY TO CONSULT WITH COUNSEL), EACH PARTY HERETO EXPRESSLY WAIVES THE
RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR PROCEEDING RELATING TO OR ARISING IN
ANY WAY FROM THIS LETTER AGREEMENT OR THE MATTERS CONTEMPLATED HEREBY.
If you have any questions about the matters covered in this letter agreement,
please call me at [insert phone number].
Very truly yours,
By:
[Insert Name]
[Insert Title]
I hereby agree to the terms and conditions set forth above.
I have been given
at least 21 days to consider this letter agreement and I have chosen to execute
this on the date below.
I intend that this letter agreement will become a
binding agreement between the Company and me if I do not revoke my acceptance in
writing in seven days.
David Gray
Date
To be returned by [Insert Date].
8
Exhibit D
COMPETITIVE COMPANIES
1.
Spire
2.
ALD / AMG
3.
PVA / Tepla / CGS
4.
Centrotherm / S: Q
5.
JFE
6.
Dai-Ichi Kiden
7.
Rena
8.
Solmic
9.
SIC
10.
Applied Materials / HCT / Baccini
11.
Manz
12.
Stangl
13.
Schmid
14.
OTB
15.
NPC
16.
Komax
17.
Eco Progetti
18.
Nishimbo
19.
PEnergy
20.
Somont
21.
T-Technik
22.
MSA