CONTINUATION AGREEMENT
THIS CONTINUATION AGREEMENT is entered into by and between Lucent
Technologies, Inc., with a place of business at 000 Xx. Xxxx Xx., xxxxxxx Xxxxx,
XX 00000 (hereinafter called "LUCENT") and Spanlink Communications, Inc., with a
place of business at Xxx Xxxx Xxxxxx XX, Xxxxxxxxxxx, XX 00000 (hereinafter
called "SPANLINK").
WHEREAS, LUCENT has succeeded to the interest of American Telephone and
Telegraph Company ("AT&T") in and to that certain Software Modification
Agreement by and between AT&T and SPANLINK executed by both companies on May 4,
1993 and sometimes referred to as "Agreement No. SP1" (herein referred to as the
"1993 Agreement").
WHEREAS, LUCENT and SPANLINK have entered into other agreements and
have other continuing business relationships subsequent to the 1993 Agreement
and desire to clarify and modify the terms on which the 1993 Agreement and
subsequent agreements and business arrangements between SPANLINK and LUCENT.
NOW, THEREFORE, in consideration of the foregoing and the agreements
hereinafter contained, the parties hereto agree as follows:
1. The 1993 Agreement shall remain in full force and effect with
respect to Existing Products and Modified Products as described therein except
as set forth in Paragraph 2 hereof.
2. Exhibit B to the 1993 Agreement shall be modified by deleting
therefrom the section entitled "POST WARRANTY FEE". In lieu thereof, LUCENT and
SPANLINK agree that all post warranty support provided with respect to Existing
Products or Modified Products distributed pursuant to the 1993 Agreement shall
be on a time and materials basis at current rates and prices.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective the day and year first above written.
LUCENT TECHNOLOGIES, INC.
By
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Its
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SPANLINK COMMUNICATIONS, INC.
By /s/ Xxxxxxx X. Xxxxxxxx
Its President and COO
