EXHIBIT 10
AMENDMENT NO. 4
This Amendment No. 4 ("Amendment No. 4") to the Limited Liability
Company Agreement of Accord Contract Services LLC dated August 8, 1996 (the
"Agreement") is made and entered into and effective as of March 31, 1997 (the
"Amendment No. 4 Effective Date") by and between Wyle Electronics, a California
corporation ("WYLE") and Xxxxxxxx Industries, a California corporation
("XXXXXXXX").
WHEREAS, WYLE AND XXXXXXXX wish to amend the terms of the Agreement.
NOW THEREFORE, the parties agree as follows:
1. WYLE and XXXXXXXX hereby agree that the "Associated Agreement
Negotiation Period" (as defined in Section 2.5 of the Agreement) has been
extended indefinitely unless fixed by mutual agreement of the parties with
respect to the agreements previously referred to in the Agreement as: (i) the
Systems License; and (ii) the Sublease Agreement; provided, however, that either
party may unilaterally set the expiration date of the "Associated Agreement
Negotiation Period" which expiration date shall be no less than 120 days from
such party's written notice to the other party.
2. Except as expressly set forth in Amendment No. 4 all other terms
of the Agreement shall remain in full force and effect.
3. This Amendment No. 4 may be executed in any number of
counterparts, each of which shall be an original and all of which together shall
constitute one and the same instrument.
4. This Amendment No. 4 may be executed and delivered by facsimile
and, upon such execution and delivery, shall have the same force and effect as
an originally executed instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
4 to be executed and delivered by their duly authorized representatives as of
the date first above written.
XXXXXXXX INDUSTRIES, WYLE ELECTRONICS,
a California corporation a California corporation
By: /s/ XXXXX X. XXXX By: /s/ X. XXX XXXX XXXXXXX, JR.
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Xxxxx X. Xxxx X. Xxx Xxxx Xxxxxxx, Jr.
Vice President and Executive Vice President -
Chief Financial Officer Finance and Treasurer,
Chief Financial Officer
