*** Text Omitted and Filed Separately
Pursuant to a Confidential Treatment Request
under 17 C.F.R. §§ 200.80(b)(4) and 240.24b-2(b)(1)
CYMER CORPORATION and INTEL CORPORATION
This Amendment of the January 23, 2004 Development Agreement (the “Amended Agreement”) is entered into
as of July 17, 2006 by and between Cymer, Inc., a Nevada corporation, having a place of business at 17075
Thornmint Court, San Diego, CA 92127 and its wholly owned subsidiaries (hereinafter “Cymer”), and Intel
Corporation, a Delaware corporation, having its principal place of business at 2200 Mission College Blvd., Santa
Clara CA 95052 and its subsidiaries (hereinafter “Intel”). Cymer and Intel are sometimes referred to as a “Party”
and collectively as the “Parties”.
WHEREAS, Intel and Cymer have decided to amend various terms of the above Agreement,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties agree to amend the Development Agreement as follows:
1. CONSTRUCTION AND DEFINITIONS
(a) Delete paragraph 1.2(a) and re-write as follows:
EUV Source System shall mean a system including all apparatus to deliver debris-free,
in-band, collected photons to the intermediate focus of the EUV lithography system.
(b) Delete paragraph 1.2(c)
(c) Re-write paragraph section 1.2(d) Production Units shall mean EUV Source Systems
made available for sale by Cymer to Intel and other third parties.
(d) Delete paragraph 1.2(e)
(e) Delete paragraph 1.2(f)
Insert new paragraph
1.2(g) Cymer’s Plan means the technical plan, established in accordance with Cymer’s internal
decisions, to develop an EUV Source System.