COOPERATION AGREEMENT DATED FEBRUARY 25, 2004Cooperation Agreement |
|
|
You are currently viewing: This Cooperation Agreement involves
NANOPHASE TECHNOLOGIES CO. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
|
|
|
Search Cooperation Agreement by:
Exhibit 10.28
AMENDMENT NO. 1 TO COOPERATION AGREEMENT
REFERENCE IS MADE to the Cooperation Agreement, dated as of June 24, 2002 (“Agreement”), by and between NANOPHASE TECHNOLOGIES CORPORATION, a Delaware corporation (“Nanophase”) and ROHM AND HAAS ELECTRONIC MATERIALS CMP INC. (formerly known as Rodel, Inc.), a Delaware corporation (“RHEM”), which is hereby amended and additional agreements made, as follows. All capitalized terms used in this Amendment shall have the same meanings as set forth in the Agreement.
|
1. |
Development Funding. In consideration of Nanophase’s agreements herein and to fund continued development of Particles for applications in the Field, RHEM agrees to pay Nanophase cash in the sum of $600,000, payable in four equal installments of $150,000 on March 31, 2004, June 30, 2004, September 30, 2004 and December 31, 2004, respectively. |
|
2. |
Exclusivity.
Notwithstanding anything to the contrary contained in the Agreement, the
Agreement will remain mutually exclusive through calendar year 2004. During
2004 and thereafter, so long as RHEM purchases the minimum amounts agreed to
herein, Nanophase will not sell or sample Ceria Particles for applications in
the Field to any manufacturer, seller or end user of CMP slurries other that
RHEM, and RHEM will not purchase Ceria Particles for CMP applications from
any manufacturer or supplier other than Nanophase, other than evaluation
samples in connection with Section 11(b)). Exclusivity in 2005 shall be
conditioned on RHEM’s purchase from Nanophase during calendar year 2005
of at least [ * * * ] in Particles for applications in the Field or such
other amount of sales of Particles as the parties shall determine by mutual
|
