EXHIBIT 10.7.2
CONFIDENTIAL
[XXXXXX]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO
THE OMITTED PORTIONS.
FIRST ADDENDUM TO
JOINT DEVELOPMENT AND LICENSE AGREEMENT
THIS IS A FIRST ADDENDUM TO THAT CERTAIN JOINT DEVELOPMENT AND LICENSE AGREEMENT
DATED AUGUST 20, 1993, (the "Original Agreement") among Nintendo Co., Ltd.
("NCL"), Nintendo of America Inc. ("NOA")(NCL and NOA are collectively referred
to as "Company"), Silicon Graphics, Inc., and MIPS Technologies, Inc.
(collectively referred to as "SGI").
NOW, THEREFORE, the parties hereby agree as follows:
1. Definitions. The definitions in the Original Agreement are hereby
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incorporated by reference in this FIRST ADDENDUM.
2. Budget. SGI has advised the Company that the budget for SGI's work under the
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Development Plan is XXXXXX (the "Budget"). The Budget represents SGI's good
faith calculation of its actual costs to complete its work under the Development
Plan which includes, but is not limited to, SGI's costs of personnel resources,
equipment costs for experimentation, development and CAD tools. The Budget is
stated as a flat fee (fixed fee) for the completion of SGI's work under the
Development Plan. Company hereby accepts the Budget and shall make payment to
SGI in accordance with Schedule B. SGI acknowledges that the Company has already
paid XXXXXXX of the Budget.
3. Development Plan. The parties agree to the Development Plan set forth on
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Schedule A. The parties acknowledge that Section 4.4 of the Original Agreement
requires that the parties use "reasonable efforts" to develop the Developed
Technology substantially in accordance with the Development Plan attached as
Schedule A, or any revised Development Plan agreed upon by the parties,
including any applicable target dates.
Except as set forth herein, the Original Agreement is hereby ratified and
confirmed.
NINTENDO CO., LTD. NINTENDO OF AMERICA INC.
By: /s/ Mr. Xxxxxxx Xxxxxxxx By: /s/ Xx. Xxxxxx Xxxxxxx
_________________ ________________________
Mr. Xxxxxxx Xxxxxxxx Xx. Xxxxxx Xxxxxxx
President President
February 4, 1994 February 5th, 1994
SILICON GRAPHICS, INC. MIPS TECHNOLOGIES, INC.
By /s/ Xxx Xxx By: /s/ Xxx Xxx
____________________ ______________________
Name: Xxx Xxx Name: Xxx Xxx
Title: Senior Vice President Title: Chairman of the Board
February 4 , 1994 February 4 , 1994
Attachments: Schedules A, A-1, and B.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
(7 pages of Schedule A have been redacted)
(4 pages of Schedule A1 have been redacted)
SCHEDULE B
DEVELOPMENT FEE ADVANCE TOTAL TO BE PAID
ROYALTY ON
1. XXXXXX XXXXXX XXXXXX Already Paid
2. XXXXXX XXXXXX XXXXXX February 8, 1994
3. XXXXXX XXXXXX XXXXXX May 1, 1994
4. XXXXXX XXXXXX XXXXXX August 1, 1994
5. XXXXXX XXXXXX XXXXXX November 1, 1994
6. XXXXXX XXXXXX XXXXXX February 1, 1995
7. XXXXXX XXXXXX XXXXXX May 1, 1995
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TOTAL: XXXXXX XXXXXX* XXXXXX
*NCL will make XXXXXX withholding on the advance royalty, so only XXXXXX will
be received by SGI.
[XXXXXX]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO
THE OMITTED PORTIONS.
