First Amendment to Confidential License Agreement for Nintendo DS between Nintendo of America Inc. and THQ Inc.
Nintendo of America Inc. and THQ Inc. have amended their Confidential License Agreement for the Nintendo DS, originally effective November 1, 2004. This amendment extends the agreement's term to six years from the original effective date, now expiring on November 1, 2010. All other terms of the original agreement remain unchanged. The amendment is effective as of October 15, 2007, and may be signed in counterparts or by facsimile.
Exhibit 10.1
FIRST AMENDMENT TO THE CONFIDENTIAL LICENSE AGREEMENT FOR NINTENDO DS
THIS FIRST AMENDMENT (First Amendment) amends that certain Confidential License Agreement effective November 1, 2004 between Nintendo of America Inc. (Nintendo) and THQ Inc. (Licensee) (Agreement).
RECITALS
WHEREAS, Nintendo and Licensee entered into the Agreement;
WHEREAS, the Agreement currently expires on November 1, 2007, and the parties now desire to extend the Term (as such term is defined in the Agreement) of the Agreement as set forth below.
AMENDMENT
NOW, THEREFORE, the parties agree as follows:
1. The definition of Term as set forth in Section 2.20 of the Agreement is hereby deleted in its entirety and replaced with the following:
Term means six (6) years from the Effective Date.
2. The Term of the Agreement shall now expire on November 1, 2010.
3. All other terms and conditions of the Agreement shall remain in full force and effect. This First Amendment may be signed in counterparts, which together shall constitute one original First Amendment.
Signatures provided by facsimile shall be the equivalent of originals.
This First Amendment shall be effective as of October 15, 2007.
IN WITNESS WHEREOF, the parties have entered into this First Amendment.
NINTENDO: |
| LICENSEE: |
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Nintendo of America Inc. |
| THQ Inc. |
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By: |
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Name: James R. Cannataro |
| Name: Brian J. Farrell |
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Its: EVP, Administration |
| Its: President and CEO |
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