CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. SUCH EXCLUDED INFORMATION HAS BEEN MARKED WITH “[***].” AMENDMENT TWO TO ORIGINAL...
Exhibit 10.1
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. SUCH EXCLUDED INFORMATION HAS BEEN MARKED WITH “[***].”
AMENDMENT TWO TO ORIGINAL EQUIPMENT MANUFACTURER (OEM) PURCHASE AGREEMENT
This Amendment Two (“Amendment Two”) to the Original Equipment Manufacturer Purchase Agreement (“Agreement”) by and between SUPER MICRO COMPUTER INC. (“Supplier”) and NUTANIX, INC. (“OEM”) is entered into as of October 31, 2018 (“Amendment Effective Date”). Collectively Supplier and OEM are referred to as the “Parties”.
A. The Parties entered into the Agreement as of May 16, 2014.
B The parties now desire to amend the Agreement to delete the existing Exhibit C and replace it with a new Exhibit C.
1. . |
The Parties agree that Exhibit C is deleted in its entirety and replaced with the following: |
CONFIDENTIAL
EXHIBIT C
NON-STANDARD MATERIAL
This EXHIBIT C is incorporated as part of the Original Equipment Manufacturer (OEM) Purchase Agreement ("Agreement") which together with this EXHIBIT C, and other cited Exhibits, Schedules and Addendums, form the entirety of the Agreements, entered into as of the first date written below, by and between Super Micro Computer, Inc. ("SMCI"), a Delaware corporation, having a principal place of business at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000 and NUTANIX INC., a Delaware Corporation,
having a principal place of business at 0000 XXXXXXXXXX XX. SUITE 400, SAN JOSE, CA, 95110 and NUTANIX NETHERLANDS B.V. incorporated and registered in The Netherlands with its registered office at Xxxxxxxx 000, 0000 XX Xxxxxxxxx, Xxx Xxxxxxxxxxx (collectively Nutanix Inc. and Nutanix Netherlands, B.V. are referred to as “OEM”). The terms and conditions set forth in this EXHIBIT C will be construed and governed by the terms and conditions set forth in the Agreement.
CONFIDENTIAL
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment Effective Date.
NUTANIX INC.
By: /s/ Xxxxx Xxxxxxxx
Title: EVP, Engineering & Operations Nutanix
Date: October 31, 2018
NUTANIX NETHERLANDS, B.V.
By: /s/ Xxxxxxx Xxxx
Title: Director
Date: October 31, 2018
NUTANIX NETHERLANDS, B.V.
By: /s/ Xxxxxxx Xxxxxx Xxxxx
Title: Managing Director
Date: October 31, 2018
ACKNOWLEDGED AND AGREED
SUPER MICRO COMPUTER INC.
By: Xxxxx Xxxx
Title: VP of Sales
Date: 10/31/2018
CONFIDENTIAL
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Supermicro Part Number |
Nutanix Part Number |
Lead Time (Work Days) |
Nutanix Liability |
Cost $ |
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