[***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed.
Amendment No. 1 to Terms and Conditions of Purchase
This Amendment No. 1 to Terms and Conditions of Purchase (the Amendment), effective as of the date of full execution (Amendment Effective Date), is entered into by and between:
Berkeley Lights, Inc., a Delaware corporation (BLI) with a principal place of business at 5858 Horton Street, Suite 320, Emeryville, California 94608, on the one hand, and
Korvis, LLC, a Limited Liability Company (Korvis) with a principal place of business at 2101 NE Jack London St., Corvallis, OR 97330, USA.
Whereas, BLI and Korvis have entered into that certain Terms and Conditions of Purchase having an effective date of February 25, 2015 (hereinafter referred to as the Ts&Cs);
Whereas, BLI and Korvis wish to amend the Ts&Cs in accordance with the terms set forth in this Amendment;
Whereas, all capitalized terms in this Amendment shall have the meaning ascribed herein or in the Ts&Cs;
Now Therefore, in consideration of the premises and the mutual covenants herein contained and eventual addenda, BLI and Korvis agree to amend the Ts&Cs, with effect from the Amendment Effective Date, as follows:
The Ts&Cs are amended as set forth below:
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The following new sentence is added to the end of Section 2.2:
Supplier shall at all times accept a BLI Order if the Order is consistent with a non-binding forecast (provided per Section 2.1) and aligns to Suppliers then-current lead times.
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The following new sentence is added to the end of Section 2.5:
BLI shall make its [***] effort to supply Orders to Supplier in a timely manner [***] between the date the Order is placed and the first identified shipping date for the Beacon Platform (as defined in Section 2.10).
Supplier shall maintain a manufacturing capacity of no less than [***] ([***]) Beacon Platforms (as defined in Section 2.10) per month and shall use its [***] efforts to reduce Beacon Platform lead time from [***] by [***] by the end of the first [***] after the Amendment Effective Date, and by [***] each [***]-months thereafter for the term of these Ts&Cs.
Korvis and BLI Confidential