AMENDMENT 3 TO CUSTOM SALES AGREEMENT NO. 000569

EX-10.1 2 dex101.htm AMENDMENT NO. 3 TO CUSTOM SALES AGREEMENT NO. 000569 Amendment No. 3 to Custom Sales Agreement No. 000569

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

 

Page 1 of 1