Amendment No. 3 to Custom Sales Agreement No. 000569 between Microtune, Inc. and IBM
This amendment extends the term of the Custom Sales Agreement No. 000569 between Microtune, Inc. and International Business Machines Corporation (IBM) from December 31, 2008 to January 31, 2010. All other terms and conditions of the original agreement remain unchanged unless both parties agree in writing to further modifications. The amendment is effective on the date signed by the second party.
Exhibit 10.1
Execution Version
AMENDMENT 3 TO CUSTOM SALES AGREEMENT NO. 000569
This Amendment to Custom Sales Agreement No. 000569 (Amendment 3) is made and entered into between Microtune, Inc. (Customer) and International Business Machines Corporation (IBM). This Amendment 3 will be effective on the date identified below by the second party to sign this Amendment; however, if Customer fails to identify a date of signing, this Amendment will be effective on the date of signing identified by IBM.
WHEREAS IBM and Customer are parties to Custom Sales Agreement No. 000569 having an effective date of June 13, 2000 (the Agreement);
WHEREAS IBM and Customer desire to amend the Agreement as set forth herein;
NOW THEREFORE the parties hereby agree as follows:
1. Extension of the term of the Agreement. The expiration of the term of the Agreement, including Attachment No. 1, is extended from December 31, 2008 to January 31, 2010.
2. No Other Amendment or Modification. Except as expressly set forth in this Amendment 3, the Agreement, as amended, remains in full force and effect without further modification. The terms and conditions of the Agreement will not be further modified or amended except by a writing signed by authorized representatives of both parties, it being understood that this requirement of written form may only be waived in writing by both parties.
Accepted and Agreed To:
Microtune, Inc. | International Business Machines Corporation | |||||||
By: | /s/ Albert H. Taddiken | By: | /s/ Gary D. Russell | |||||
Name: | Albert H. Taddiken | Name: | Gary D. Russell | |||||
Title: | Chief Operating Officer | Title: | Executive Manager, WW C&BP, IBM Microelectronics Division | |||||
Date: | January 27, 2009 | Date: | January 28, 2009 |
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