Exhibit 10.13
EMPLOYMENT AGREEMENT AND RELEASE
This Employment Agreement and Release (“Agreement”) is voluntarily entered into between
MoSys, Inc., a Delaware corporation, (“Employer”) and Chet Silvestri for himself and for each of his
representatives, heirs, successors and assigns (collectively referred to as “Employee”). Employer and Employee,
agrees as follows:
1. Employee hereby resigns as Employer’s Chief Executive Officer and President and a
member of Employer’s board of directors effective as of the close of business on the date of this Agreement.
2. Employer and Employee agree that, subject to the terms of this Agreement, Employee
will remain employed by Employer until May 31, 2008, and will be paid a semi-monthly amount of $7,638.89,
which is two-thirds of Employee’s current base pay (referred to as the “Continuation Salary”), net of all
applicable withholdings required by law. Employee shall continue to receive Employer’s standard employee
fringe benefits and will remain subject to all employment policies and procedures of Employer. Employer and
Employee acknowledge that on July 27, 2005, Employer granted to Employee an option to purchase 750,000
shares of common stock pursuant to Employer’s Amended and Restated 2000 Stock Option and Equity
Incentive Plan (the “Amended 2000 Plan”). Employer and Employee agree that notwithstanding any provisions
of the Amended 2000 Plan or the stock option agreement(s) between Employer and Employee to the contrary,
such option to purchase 750,000 shares will cease vesting as of the date of this Agreement. Employer and
Employee agree further that Employee will have 90 days from the date of termination of his employment or other
services with Employer in which to exercise the vested portion of such option, in accordance with the terms of the
stock option agreement(s). In the event Employee accepts employment with another employer prior to May 31,
2008, his employment with the Company will terminat