0000950134-08-009291 Sample Contracts

ENERGY RECOVERY, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • May 12th, 2008 • Energy Recovery, Inc. • Special industry machinery, nec • Delaware

THIS AGREEMENT is entered into, effective as of , 20 by and between Energy Recovery, Inc., a Delaware corporation (the “Company”), and ”Indemnitee”).

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FIRST MODIFICATION TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 12th, 2008 • Energy Recovery, Inc. • Special industry machinery, nec

This First Modification to Loan and Security Agreement (this “Modification”) is entered into by and between ENERGY RECOVERY, INC. (“Borrower”) and COMERICA BANK (“Bank”) as of March 27, 2008, at San Jose, California.

AGREEMENT DATE OBLIGOR # NOTE # March 27, 2008 CREDIT LIMIT INTEREST RATE OFFICER NO./INITIALS $9,000,000 Base Rate or LlBOR plus 2.75%
Loan and Security Agreement • May 12th, 2008 • Energy Recovery, Inc. • Special industry machinery, nec • California

THIS AGREEMENT is entered into on March 27, 2008, between COMERICA BANK (“Bank”) as secured party, whose Western Division headquarters office is 333 West Santa Clara Street, San Jose, California and the undersigned (“Borrower”), whose sole place of business (if it has only one), chief executive office (if it has more than one place of business) or residence (if an individual) is located at the address set forth below its name on the signature page to this Agreement. The parties agree as follows:

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