Notice of Change from Exclusive to Non-Exclusive Distribution under Cray–NEC Distribution Agreement

Summary

NEC Corporation notifies Cray Inc. that, due to Cray's failure to meet minimum order requirements under their Distribution Agreement, NEC is changing Cray's status from exclusive to non-exclusive distributor in North America. This change will take effect on August 1, 2003. The notice is issued in accordance with the terms of the original agreement between the parties.

EX-10.2 4 v91812exv10w2.txt EXHIBIT 10.2 EXHIBIT 10.2 NEC Corporation [NEC LOGO] April 24, 2003 Cray Inc. 411 First Avenue South, Suite 600 Seattle, WA 98104-2860 U.S.A. Attention: Kenneth W. Johnson Re: Cray - NEC Distribution Agreement Dear Mr. Johnson, Reference is made to the Distribution Agreement, dated as of February 28, 2001(the "Distribution Agreement"), between Cray Inc. ("Cray") and NEC Corporation ("NEC"). This is to notify Cray that because Cray failed to satisfy both of the minimum order volume options set forth in Section 9.1 of the Distribution Agreement during the first Order Period (as such term is defined in such section 9.1) ended on March 31, 2003, pursuant to the terms of such Section 9.1 NEC hereby exercise its option to change the exclusive distributorship of Cray in North America into a non - exclusive distributorship. The above change shall become effective on August 1, 2003. Sincerely yours, /s/ Tadao Kondo Tadao Kondo Senior Vice President cc: Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR ###-###-#### U.S.A. Attention: Jere M. Webb