AMENDMENT 13
Exhibit 10.46
AMENDMENT 13
This Amendment 13 (“Amendment 13”) effective as of this 1st day of January, 2010 (“Effective Date”) between Double-Take Software, Inc. (formerly known as NSI Software, Inc.), 000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000 (“Double-Take”) and Sunbelt Software Distribution, Inc., 00 Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxx, XX 00000 (“VAR”) amends the Xcelerate Partner Agreement (“Agreement”), between the parties dated August 2, 2001.
WHEREAS, Double-Take and VAR wish to modify certain provisions pertaining to Aggregate Dollar Commitment;
NOW THEREFORE in consideration of the mutual covenants contained herein, the parties agree to amend the Agreement as follows:
1. The Aggregate Dollar Commitment (Schedule B, Section 4) shall be changed as follows:
The annual Aggregate Dollar Commitment is $9,500,000.00 which shall be distributed over the four contract quarters as indicated below:
|
Q1- 2010
|
Q2 - 2010
|
Q3 - 2010
|
Q4 - 2010
|
|
$2,000,000.00
|
$2,400,000.00
|
$2,100,000.00
|
$3,000,000.00
|
2. Schedule B, Section 3(d) is deleted in its entirety.
Except as modified under this Amendment 13, all other terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between the terms and conditions of this Amendment 13 and the Agreement, the terms and conditions of this Amendment 13 shall supersede.
IN WITNESS THEREOF, the parties hereto have caused this Amendment 13 to be executed by their duly authorized representatives.
Double-Take Software, Inc. Sunbelt Software Distribution, Inc.
Signature: /s/ S. Xxxxx Xxxx Signature: /s/ Xxxx Xxxxxxxxxx
Print Name: S. Xxxxx Xxxx Print Name: Xxxx Xxxxxxxxxx
Title: Chief Financial Officer Title: Chief Executive Officer
Date: February 11, 2010 Date: February 10, 2010
