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This excerpt taken from the SYK 10-K filed Feb 20, 2009. Severability The various provisions and sub-provisions of the Contract (as amended) and any other document setting out terms and conditions relating to your employment are severable and if any provision or sub-provision is held to be unenforceable by any court of competent jurisdiction then such unenforceability shall not affect the enforceability of the remaining provisions or sub-provisions in the Contract (as amended) or other relevant document." To acknowledge and accept these terms, please sign, date, and return this letter to me. Please contact me directly if you have any questions regarding this agreement. Best regards, /s/ MICHAEL W. RUDE Michael W. Rude Vice President, Human Resources
I understand and accept the revised terms as listed above.
/s/ ANDREW FOX-SMITH February 18, 2009 Andrew Fox-Smith Date
Cc: Steve MacMillan Employee file
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