Amendment No. 1 to Amended and Restated Component Recovery Agreement between Micron Technology, Inc. and Micron Electronics, Inc.

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Summary

Micron Technology, Inc. and Micron Electronics, Inc. have agreed to amend their existing Component Recovery Agreement. This amendment requires that either party wishing to exercise an option under Section 11 of the agreement must provide at least 30 days' written notice to the other party. The amendment clarifies that this notice requirement does not extend the overall term of the agreement. All other terms of the original agreement remain unchanged and in effect.

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EX-10.76 3 0003.txt AMENDMENT NO. 1 TO AMENDED AND RESTATED AGREEMENT AMENDMENT NUMBER 1 TO AMENDED AND RESTATED COMPONENT RECOVERY AGREEMENT THIS AMENDMENT NUMBER 1 (this "Amendment") is entered into by and between Micron Technology, Inc., a Delaware corporation ("MTI") and Micron Electronics, Inc., a Minnesota corporation ("MEI"). WHEREAS, MTI and MEI entered into that certain Amended and Restated Component Recovery Agreement with an effective date of September 2, 1999 (the "Agreement"); WHEREAS, MTI and MEI desire to amend the Agreement in accordance with the terms set forth below: NOW THEREFORE, MTI and MEI agree as follows: 1. Amendment. Section 11 of the Agreement is amended by adding the following --------- as the last sentence thereof: A party desiring to exercise its option under this Section 11 shall provide the other party with not less than thirty (30) days written notice prior to the effective date of the exercise of the option; provided, however, that such written notice requirement shall not be construed to extend the term of this Agreement as provided in Section 17.1 herein. 2. No Further Modification. Except as set forth herein, the provisions of the ----------------------- Agreement remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the date of the last signature set forth below. MICRON TECHNOLOGY, INC. MICRON ELECTRONICS, INC. By: /s/ By: /s/ Name: Roderic W. Lewis Name: Steven Arnold Title: VP Legal Affairs Title: VP, General Counsel Date: November 13, 2000 Date: November 16, 2000 1