FIRST AMENDMENT TO THE CONFIDENTIAL LICENSE AGREEMENT FOR GAME BOY ADVANCE

EX-10.2 3 c04752exv10w2.htm FIRST AMENDMENT TO CONFIDENTIAL LICENSE AGREEMENT exv10w2

Exhibit 10.2

FIRST AMENDMENT TO THE CONFIDENTIAL LICENSE AGREEMENT FOR GAME BOY
ADVANCE

THIS FIRST AMENDMENT (“First Amendment”) amends that certain Confidential License Agreement for Game Boy Advance dated August 6, 2001, between Nintendo of America Inc. (“Nintendo”) and Midway Home Entertainment, Inc., (“Licensee”) (“Original Agreement”).

RECITALS

The Original Agreement expires on August 5, 2004, and the parties desire to extend the Term of the Original Agreement for an additional three (3) years.

The definitions in the Original Agreement are incorporated by reference into this First Amendment and shall be deemed to have the same meanings as those ascribed to them in the Original Agreement unless otherwise set forth herein.

NOW, THEREFORE, the parties agree as follows:

The address of the Licensee is changed to: 10110 Mesa Rim Road, San Diego, CA 92121.

2.		The definition of “Term” as set forth in Section 2.20 of the Original Agreement is hereby deleted in its entirety and replaced with the following:

		"'Term’ means six (6) years from the Effective Date.”

All other terms and conditions of the Original Agreement shall remain in full force and effect. This First Amendment may be signed in counterparts and by facsimile, which together shall constitute one original First Amendment. This First Amendment shall be effective as of August 6, 2004.

IN WITNESS WHEREOF, the parties have entered into this First Amendment.


NINTENDO:		LICENSEE:

Nintendo of America Inc.		Midway Home Entertainment, Inc.

By:	/s/ James R. Cannataro	By:	/s/ Mark S. Beaumont


Name:	James R. Cannataro	Name:	Mark S. Beaumont


Its:	EVP; Administration	Its:	SVP — Entertainment


Date:	9/17/04	Date:	Sept. 14, 2004