Design and Production Agreement Amendment #1 Netlist Inc.
Exhibit 10.4
CERTAIN INFORMATION (INDICATED BY “[***]”) IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
TOSHIBA
Toshiba America Electronic Components, Inc.
0000 Xxxxxxx Xxxxxxx, Xxx Xxxx, XX 00000
Design and Production Agreement
Amendment #1
This Design and Production Agreement Amendment effective May 22, 2009 (the “Effective Date”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 00000 XxxXxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxx, XX 00000 (“TAEC”) and Netlist Inc. with a place of business at 00 Xxxxxxxxx, Xxxxx 000 Xxxxxx, XX 00000 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.
1. Project Name
Register ASIC
2. Summary
This Amendment #1 to the Register ASIC Design and Production Agreement, dated July 31, 2008, (TAEC#27N1242613) is hereby amended to remove the Major Project Milestones in section 4. Schedule and replace with the following Major Project Milestones as follows:
4. Schedule
Major Project Milestones
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Event |
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Target Date/Completed |
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Development PO Released |
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[***] |
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Preliminary Feasibility Study |
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[***] |
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Design Decision |
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[***] |
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Design Initiation |
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[***] |
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Package Selection Finalized |
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[***] |
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Early Netlist for Pipecleaning |
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[***] |
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Final Netlist (functionally correct) |
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[***] |
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Tape Out — Second Sign off (GDSII transfer) |
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[***] |
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Delivery of prototypes |
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[***] |
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System compliance phase - start |
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[***] |
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System compliance phase - complete |
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[***] |
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1st Risk Production shipment |
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[***] |
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Except as modified herein, all other terms and conditions of the Design and Production Agreement shall remain in full force and effect per their terms.
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/s/ Xxxxxxx Xxxxxxx |
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/s/ Xxxxx X. Xxxxxxx |
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Signature |
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Signature |
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Xxxxxxx Xxxxxxx VP, Customer SoC & |
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Xxxxx X. Xxxxxxx, SVP Sales & Marketing |
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Foundry Business Unit |
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Printed Name and Title |
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Printed Name and Title |
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5-22-09 |
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5-22-09 |
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Date |
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Date |
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