SEPARATION AND GENERAL RELEASE AGREEMENT
This Separation and General Release Agreement (this “ Agreement ”) is being entered into as of this 22nd day
of January, 2008 (the “ Date of this Agreement ”), by and between Biolase Technology, Inc. (the “ Company ”),
and Keith G. Bateman, an individual (“ Employee ”) (each of the Company and Employee is sometimes
hereinafter referred to individually, as a “ Party ” and collectively, as the “ Parties ”).
WHEREAS, Employee was employed by the Company as Executive Vice President, Global Sales and
Marketing through November 5, 2007.
WHEREAS, the Parties wish to provide for severance benefits on the terms and conditions set forth below.
WHEREFORE in consideration of the foregoing premises and the terms and conditions set forth below, the
Parties agree as follows:
1. Termination of Employment .
a. The Company terminated Employee’s employment, effective as of November 5, 2007 (the “
Termination Date ”). The Company terminated Employee from his position as the Executive Vice President,
Global Sales and Marketing of the Company, effective as of the Termination Date. Employee hereby resigns from
each position as a director, officer and/or employee of any subsidiary or affiliate of the Company, effective as of
the Date of this Agreement.
b. Employee acknowledges that he has been paid all salary and wages through the Termination Date,
including without limitation, any accrued unused vacation benefits, and has been reimbursed for all business
c. Provided that within twenty-one days of the date on which Employee receives this Agreement,
Employee executes and delivers to the Company the Termination Certification attached hereto as Exhibit A and
the Mutual Release and Waiver of Claims (the “ Release ”) attached hereto as Exhibit B , and further provided
that Employee does not revoke the Release in accordance with its terms and conditions, the Company shall
provide to Emplo