SEPARATION AND GENERAL RELEASE AGREEMENT
This Separation and General Release Agreement (this “ Agreement ”) is being entered into as of this 31 st day
of January, 2008 (the “ Date of this Agreement ”), by and between Biolase Technology, Inc. (the “ Company ”),
and Jeffrey W. Jones, 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 and the Company are parties to that certain Employment Agreement, dated as of
December 29, 2005, as amended by that certain Amendment No. 1 to Employment Agreement, dated as of
February 10, 2006 (as amended, the “ Employment Agreement ”).
WHEREAS, Employee was employed by the Company as Chief Executive Officer through November 5,
WHEREAS, the Parties wish to provide for severance benefits in lieu of any severance benefits provided
under the Employment Agreements 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; Partial Cancellation of Stock Option .
a. The Company terminated Employee’s employment, effective as of November 5, 2007 (the “
Termination Date ”). The Company terminated Employee from his positions as the Chief Executive Officer and
President of the Company, effective as of the Termination Date. Employee hereby resigns as a member of the
Board of Directors of the Company, and 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
expenses. Except as otherwise provided for in this Agreement, the