Common use of Extension of Exclusivity Clause in Contracts

Extension of Exclusivity. 1.1 In Section 4.1 of the Amendment, (i) the reference to [*] in the first paragraph is replaced with [*], and (ii) the last three paragraphs are deleted in their entirety. 1.2 The list of “Strategic Accounts” is hereby updated to include the accounts listed on Schedule A attached hereto. 1.3 The list of Strategic Fields is hereby updated to include the applications listed on Schedule B attached hereto. 1.4 In Section 4.2 of the Amendment, all instances of [*] are replaced by [*]. 1.5 The following is added at the end of Section 4.2 of the Amendment- “Notwithstanding the foregoing. IM agrees not to ship a Wets Workflow or [*] to a Competitor prior to [*]”. 1.6 The following is added after the last sentence of Section 4.3 of the Amendment: “If IM identifies an opportunity for IM and ATMI to work in a joint development program or if ATMI introduces IM to such an opportunity (“JDP’’) for an integrated device manufacturer (“IDM”) for which ATMI has relevant HPC resources and expertise available, IM and ATMI hereby agree to enter into good faith negotiations to agree on the revenue sharing arrangement (where such sharing shall be based on the parties’ respective resource contributions) between IM and ATMI pursuant to such JDP. Any such revenue sharing arrangement shall be detailed in a separate formal agreement (“Revenue Sharing Agreement”). It is further agreed that tor any such JDP, IM and ATMI shall, where feasible, define a joint sales and marketing plan.

Extension of Exclusivity. 1.1 In Section 4.1 of the Amendment, (i) the reference to [*] in the first paragraph is replaced with [*], ] and (ii) the last three paragraphs are deleted in their entirety. 1.2 The list of “Strategic Accounts” is hereby updated to include the accounts listed on Schedule A attached hereto. 1.3 The list of Strategic Fields is hereby updated to include the applications listed on Schedule B attached hereto. 1.4 In Section 4.2 of the Amendment, all instances of [*] are replaced by [*]. 1.5 The following is added at the end of Section 4.2 of the Amendment- “Notwithstanding the foregoing. IM agrees not to ship a Wets Workflow or [*] to a Competitor prior to [*]”. 1.6 The following is added after the last sentence of Section 4.3 of the Amendment: “If IM identifies an opportunity for IM and ATMI to work in a joint development program or if ATMI introduces IM to such an opportunity (“JDP’’) for an integrated device manufacturer (“IDM”) for which ATMI has relevant HPC resources and expertise available, IM and ATMI hereby agree to enter into good faith negotiations to agree on the revenue sharing arrangement (where such sharing shall be based on the parties’ respective resource contributions) between IM and ATMI pursuant to such JDP. Any such revenue sharing arrangement shall be detailed in a separate formal agreement (“Revenue Sharing Agreement”). It is further agreed that tor any such JDP, IM and ATMI shall, where feasible, define a joint sales and marketing plan.