EXHIBIT 10 TO FORM 10-K
(Material Contracts)
Exhibit No. Page No. Description
10.1 * Lease with Capitol Properties Four, L.C.
10.2 * 1998 Incentive Stock Option Plan
10.3 * Security Agreement with Michael and Barbara Feaster
10.4 * Employment Agreement with Robert H. Reback, President
and Chief Executive Officer
10.5 * Employment Agreement with David P. Faulkner, Executive
Vice President and Managing Director of
Machine Control Products
10.6 * Employment Agreement with Michael D. Feaster, Vice
President of Software Development
10.7 * Employment Agreement with Steven K. Sorensen, Vice
President and Chief Technical Officer
10.8 * Amendment 1 to 1998 Incentive Stock Option Plan
10.9 * Amendment 2 to 1998 Incentive Stock Option Plan
10.10 * Form of Indemnification Agreement with directors and
officers
10.11 * Settlement Agreement and Mutual Release with Peter
Manley and Jana Manley
10.12 * Convertible Note Purchase Agreement and Convertible Note
with Tsunami Network Partners Corporation
10.13 * Amendment to Employment Agreement with Robert H.
Reback, President and Chief Executive Officer
10.14 * Amendment to Employment Agreement with David P.
Faulkner, Executive Vice President of Sales and
Marketing
10.15 * Amendment to Employment Agreement with Michael D.
Feaster, Vice President of Software Development
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*Incorporated by reference (See exhibit listing above in ITEM 15. Exhibits,
Financial Schedules, and Reports on Form 8-K.)
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Exhibit 10.13
(Amendment to Employment Agreement with Robert H. Reback,
President and Chief Executive Officer)
CIMETRIX INCORPORATED
EXTENSION OF THE EMPLOYMENT AGREEMENT
THIS EXTENSION OF THE EMPLOYMENT AGREEMENT (the "Extension") is made and
entered into this 27th day of February, 2004, by and between CIMETRIX
INCORPORATED, a Nevada corporation (the "Company") and Robert H. Reback (the
"Executive"), to become effective as of January 1, 2004 (the "Effective Date").
WHEREAS, Company and Executive entered into an Employment Agreement which
was effective October 1, 2001 and was scheduled to terminate on December 31,
2003 (the "Agreement"); and
WHEREAS, the Company and Executive desire to extend the Agreement for an
additional two (2) years with particular changes to the compensation package.
NOW THEREFORE, in consideration of Executive's continued employment by the
Company, and the mutual promises and covenants contained in, and the mutual
benefits to be derived from the Agreement and this Extension, the parties hereto
agree as follows:
1. Continued Employment.
The Company hereby agrees to continue to employ Executive and Executive
hereby accepts such continued employment, upon the terms and conditions set
forth in the Agreement as modified herein, from January 1, 2004 through December
31, 2005 (the "Extension Period").
2. Modification to Compensation and Benefits.
The Salary identified in Section 3(a) shall be modified to an annual salary
of $175,000 (the "Annual Salary") effective January 1, 2004.
The Bonus identified in Section 3(b) shall be established for Executive on
an annual basis at the beginning of each fiscal year and may be in the form of
cash and/or stock options.
All other compensation identified in Section 3 shall remain the same as
identified therein.
3. Effectiveness of All Other Provisions of Agreement.
The Company and Executive agree that all other provisions of the Agreement
shall remain in full force and effect during the Extension Period.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first set forth above.
EXECUTIVE:
/S/ Robert H. Reback
---------------------
Robert H. Reback
THE COMPANY:
CIMETRIX INCORPORATED
/S/ Alan Weber
---------------------
By: Alan Weber
Its: Compensation Committee Chairman
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Exhibit 10.14
(Amendment to Employment Agreement with David P. Faulkner,
Executive Vice President of Sales and Marketing)
CIMETRIX INCORPORATED
EXTENSION OF THE EMPLOYMENT AGREEMENT
THIS EXTENSION OF THE EMPLOYMENT AGREEMENT (the "Extension") is made and
entered into this 27th day of February, 2004, by and between CIMETRIX
INCORPORATED, a Nevada corporation (the "Company") and David P. Faulkner (the
"Executive"), to become effective as of October 1, 2003 (the "Effective Date").
WHEREAS, Company and Executive entered into an Employment Agreement which
was effective October 1, 2001 and is scheduled to terminate on December 31, 2003
(the "Agreement"); and
WHEREAS, the Company and Executive desire to extend the Agreement for an
additional two (2) years with particular changes to the compensation package.
NOW THEREFORE, in consideration of Executive's continued employment by the
Company, and the mutual promises and covenants contained in, and the mutual
benefits to be derived from the Agreement and this Extension, the parties hereto
agree as follows:
1. Continued Employment.
The Company hereby agrees to continue to employ Executive and Executive
hereby accepts such continued employment, upon the terms and conditions set
forth in the Agreement as modified herein, from January 1, 2004 through December
31, 2005 (the "Extension Period").
2. Modification to Compensation and Benefits.
The Bonus identified in Section 3(b) shall be established for Executive on
an annual basis at the beginning of each fiscal year and shall be in the form of
a cash commission plan with the option for additional stock options.
All other compensation identified in Section 3 shall remain the same as
identified therein.
3. Effectiveness of All Other Provisions of Agreement.
The Company and Executive agree that all other provisions of the Agreement
shall remain in full force and effect during the Extension Period.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first set forth above.
EXECUTIVE:
/S/ David P. Faulkner
---------------------
David P. Faulkner
THE COMPANY:
CIMETRIX INCORPORATED
/S/ Robert H. Reback
---------------------
By: Robert H. Reback
Its: President and Chief Executive Officer
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Exhibit 10.15
(Amendment to Employment Agreement with Michael D. Feaster,
Vice President of Software Development)
CIMETRIX INCORPORATED
EXTENSION OF THE EMPLOYMENT AGREEMENT
THIS EXTENSION OF THE EMPLOYMENT AGREEMENT (the "Extension") is made and
entered into this 28th day of August, 2003, by and between CIMETRIX
INCORPORATED, a Nevada corporation (the "Company") and Michael D. Feaster (the
"Executive"), to become effective as of September 1, 2003 (the "Effective
Date").
WHEREAS, Company and Executive entered into an Employment Agreement which
was effective October 1, 2001 and is scheduled to terminate on December 31, 2003
(the "Agreement"); and
WHEREAS, the Company and Executive desire to extend the Agreement for an
additional two (2) years with particular changes to the compensation package.
NOW THEREFORE, in consideration of Executive's continued employment by the
Company, and the mutual promises and covenants contained in, and the mutual
benefits to be derived from the Agreement and this Extension, the parties hereto
agree as follows:
1. Continued Employment.
The Company hereby agrees to continue to employ Executive and Executive
hereby accepts such continued employment, upon the terms and conditions set
forth in the Agreement as modified herein, from January 1, 2004 through December
31, 2005 (the "Extension Period").
2. Modification to Compensation and Benefits.
The Salary identified in Section 3(a) shall be modified to an annual salary
of $150,000 (the "Annual Salary") effective September 1, 2003.
The Bonus identified in Section 3(b) shall be established for Executive on
an annual basis at the beginning of each fiscal year and may be in the form of
cash and/or stock options.
All other compensation identified in Section 3 shall remain the same as
identified therein.
3. Effectiveness of All Other Provisions of Agreement.
The Company and Executive agree that all other provisions of the Agreement
shall remain in full force and effect during the Extension Period.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first set forth above.
EXECUTIVE:
/S/ Michael D. Feaster
---------------------
Michael D. Feaster
THE COMPANY:
CIMETRIX INCORPORATED
/S/ Robert H. Reback
---------------------
By: Robert H. Reback
Its: President and Chief Executive Officer
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