EXHIBIT 10.99
EMC(2) For EMC Use Only
WHERE INFORMATION LIVES Contract Ref #____
AMENDMENT #2 TO
RESELLER AGREEMENT
BETWEEN
XXX XXXXXXXXXXX
AND
MTI TECHNOLOGY CORPORATION
XXX Xxxxxxxxxxx ("EMC") and MTI Technology Corporation ("Reseller"), having
previously entered into The Reseller Agreement with an Effective Date of March
31, 2003 (the "Agreement"), do hereby enter in to this Amendment #2, effective
as of the date of last signature below, for the purpose of modifying the
Agreement in the manner set forth herein.
NOW, THEREFORE, in consideration of the premises and obligations contained
herein, it is agreed as follows:
1.0 RELATIONSHIP TO AGREEMENT
1.1 Incorporation By Reference - This Amendment #2 does hereby incorporate the
Agreement by reference. However, in case of any conflict between a
provision(s) of the Agreement and those of this Amendment #2, the latter
shall control with regard to the subject matter set forth herein.
2.0 CHANGES TO AGREEMENT
2.1 Exchange of Information - In response to Reseller's request, EMC shall
promptly deliver to Reseller the information pertaining to the
methodologies and processes used by EMC in its configuration and
telemarketing efforts (the Telemarketing Information"). The Telemarketing
Information is designated as EMC Confidential Information in accordance
with section 18.2 of the Agreement.
2.2 Additional Terms - Due to the sensitive nature of the Telemarketing
Information, Reseller shall use such only during the period in which it
has an active agreement with EMC to remarket EMC product and only in
connection with Reseller's efforts to configure and market products
obtained from EMC. Reseller shall make no other use thereof whatsoever,
which includes, but is not limited to, adapting and using the
Telemarketing Information for use with any products not obtained from EMC.
Reseller shall promptly make available to EMC, and grants EMC ownership
of, any modifications, changes, expansions, improvements, or enhancements
made by Reseller to the Telemarketing Information, but may continue to
make thereof for as long as Reseller is authorized to use the
Telemarketing Information.
IN WITNESS WHEREOF, the parties have caused this Amendment #2 to be signed on
the respective dates indicated below.
MTI TECHNOLOGY CORPORATION XXX XXXXXXXXXXX
("MTI") ("EMC")
BY: /s/ Xxxx Xxxxxxxxx BY: /s/ Xxxxxxx X. Xxxxxx
------------------ ---------------------
NAME (PRINT): Xxxx Xxxxxxxxx NAME (PRINT): Xxxxxxx X. Xxxxxx
TITLE: CFO TITLE: Director Global Sales Contracts
DATE: 8/10/04 DATE: AUGUST 26, 2004
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