Agreement Extension between Adobe Systems Incorporated and Sykes Enterprises, Incorporated

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Summary

Adobe Systems Incorporated and Sykes Enterprises, Incorporated have agreed to extend their existing agreement, originally set to expire on December 1, 2000, for an additional year until December 1, 2001. The extension also amends certain terms, including the survival of specific clauses after termination and a new limitation of liability provision. All other terms of the original agreement remain unchanged. This extension ensures continued cooperation between the two companies under the same terms as before, with updated legal protections and obligations.

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EX-10.73 5 a2045034zex-10_73.htm EXHIBIT 10.73 Prepared by MERRILL CORPORATION www.edgaradvantage.com
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EXHIBIT 10.73


AGREEMENT EXTENSION

    This Agreement Extension is made effective as of December 1, 2000, by and between Adobe Systems Incorporated ("Adobe") and Sykes Enterprises, Incorporated (a/k/a Sykes North America and referred to herein as "Sykes").

    Whereas, Adobe and Sykes are parties to an Agreement made effective as of December 4, 1999 and executed on behalf of Adobe by Murray Demo and on behalf of Sykes by Gerry Rogers (the "Agreement"); and

    Whereas, the Agreement, by its terms, expired at 12:00 midnight PST on December 1, 2000; and

    Whereas, Adobe and Sykes wish to extend the term of the Agreement and make certain amendments to the Agreement;

    Therefore, the parties agree as follows:

    1.
    The Contract Term (as defined in Clause 1.1 of the Agreement) shall be extended to 12:00 midnight PST on December 1, 2001.

    2.
    The rights and obligations of the parties for the period between December 1, 2000 and the date of execution hereof shall be governed by the terms and conditions of the Agreement as if the Agreement had not expired.

    3.
    Clause 14.7 ("Survival of Terms") of the Agreement shall be removed in its entirety and replaced as follows:

      Termination or expiry of this Agreement shall not affect the rights and obligations of the parties in terms of Clauses 1, 2.8, 5.2, 5.3, 5.4 (for a period of two years after termination or expiration), 5.5, 5.8, 7, 9, 10.1(g), 11, 13, 14.6, 14.7, 14.8, 14.10, 15.2, 16, 18, 19, 20, 21 and 22 of this Agreement which shall continue notwithstanding termination or expiry.

    4.
    A new Clause 22 shall be added as follows:

    22.
    LIMITATION OF LIABILITY

      EXCEPT WITH RESPECT TO A CLAIM FOR INDEMNIFICATION HEREUNDER RELATING TO A THIRD PARTY CLAIM, IN NO EVENT WILL SYKES OR ADOBE BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    5.
    All other terms of the Agreement shall not be affected by this Agreement Extension.

    The parties have caused this Agreement Extension to be executed by their duly authorized representatives.

FOR ADOBE SYSTEMS INCORPORATED   FOR SYKES ENTERPRISES, INCORPORATED

/s/ BRUCE R. CHIZEN   
Signature
 
/s/ W. MICHAEL KIPPHUT   
Signature

Bruce R. Chizen
Printed Name
 
W. Michael Kipphut
Printed Name

President & CEO
Title
 
Vice President & CFO
Title

March 6, 2001
Date
 
February 28, 2001
Date


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AGREEMENT EXTENSION