ASSUMPTIONS, RISKS & MITIGATIONS Clause Samples

ASSUMPTIONS, RISKS & MITIGATIONS. Cornerstone Assumptions Risk Mitigation Plan Exhibit D 1) The parties acknowledge the successful assignment of the Agreement by SVTC Technologies, LLC to Novati Technologies, Inc. (“Novati”) effective as of October 15, 2012. 2) The parties agree to amend the Agreement describing services that Novati will perform for Customer starting on the Effective Date. 3) Starting on October 19, 2012 and ending on December 31, 2012, Novati will continue the ongoing Development of the […***…]. Accordingly, the parties agree to use the Tier 2 pricing in Section 5 of Exhibit A7. The proposed estimated volume is […***…] over this time period. 4) Customer agrees to prepay the charges for the activities and engineering hours in item 2) above, for a total amount of […***…] which is the estimated November and December spend. Novati shall invoice the November prepayment of […***…] upon execution of this Amendment, and ▇▇▇▇▇▇▇▇ agrees to pay on or before November 16, 2012. Furthermore, Customer agrees to prepay […***…] on or before December 1, 2012 which is the estimated spend for December. 5) The Wafer minimum Lot size for all activities under this agreement shall be 6. 6) Any pre-paid funds which are unutilized as of December 31, 2012 shall be carried forward as a credit balance. Any activities, engineering hour charges, or other billable services in excess of the pre-paid amount shall be reconciled and billed as of December 31, 2012 at the unit cost consistent with that specified in 3) above and are due Net 30. 7) The parties may extend the term of the Agreement by mutual agreement in writing on a quarterly basis. 8) ▇▇▇▇▇▇’s address for notices, set forth in section 12.8 of the Agreement is hereby replaced with: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ATTN: Legal Department. Effect of this Amendment: In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. Except as amended or as otherwise set forth in this Amendment, the Agreement shall continue unchanged and in full force and effect in accordance with its terms. With due authority from our respective companies, we hereby signify our consent to this Agreement by signing below, Printed Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: CEO Signature: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ Printed Name: ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Chief Executive Officer Date: 11/14/12 This Amendment 9, (“Amendment”), dated December 31, 2012 (“Effective Date”) is to the Master Services Agreement dated March 2, 2009 (“Agreement”) between Novati Tec...