Extension Agreement
Exhibit 10.2
This Extension Agreement is dated as of March 22, 2006 between Tollgrade Communications,
Inc., having an address at 000 Xxxxx Xxxx, Xxxxxxxx, XX 00000 (“Tollgrade”) and Bulova Technologies
EMS LLC, with an address at 0000 X. Xxxxx Xx., Xxxxxxxxx, XX 00000 (“Bulova Technologies”).
WHEREAS, Tollgrade (as successor in interest to Acterna Corporation) and Bulova Technologies
(as successor in interest to Dictaphone Corporation’s Electronic Manufacturing Services Division)
are parties to a Supply Agreement dated July 25, 2002, which sets forth the terms pursuant to which
Bulova Technologies manufactures and supplies to Tollgrade, and Tollgrade purchases from Bulova,
certain products (the “Supply Agreement”);
WHEREAS, the Supply Agreement was initially scheduled to expire on July 24, 2004, and has been
successively extended through March 31, 2006;
WHEREAS, Tollgrade and Bulova Technologies desire to replace the Supply Agreement with a new
supply agreement, but have not yet completed negotiations with respect to such new supply
agreement; and
WHEREAS, Tollgrade and Bulova Technologies desire to further extend the term of the Supply
Agreement through September 30, 2006 or until a new supply agreement is executed, if sooner;
NOW THEREFORE, in consideration of the premises contained herein and for other good and
valuable consideration, the parties agree as follows:
1.
Extension of Supply Agreement. The parties hereby agree that the Supply Agreement
is hereby extended through September 30, 2006 or until such time as the parties execute a new
supply agreement, if sooner.
2. Miscellaneous. Except as extended hereby, the provisions of the Supply Agreement
shall remain in full force and effect. This Extension Agreement will be governed in all respects by
the laws of the Commonwealth of Pennsylvania without reference to any choice of law provisions.
This Extension Agreement may be executed in any number of counterparts and by the different parties
hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but
all such counterparts shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands the date first above written.
TOLLGRADE COMMUNICATIONS, INC. | BULOVA TECHNOLOGIES EMS LLC | |||||||
By:
|
/s/ Xxxxxxxx X. Xxxxxx | By: | /s/ Xxxxx Xxxxx | |||||
Name: Xxxxxxxx X. Xxxxxx | Name: Xxxxx Xxxxx | |||||||
Title: Assistant Secretary | Title: President |