PINNACLE SYSTEMS INC.
AMENDMENT TO OEM AGREEMENT
THIS AMENDMENT TO OEM AGREEMENT (the "Amendment") is entered into as of
September 13, 1996, between Pinnacle Systems, Inc. ("PINNACLE"), a California
corporation with its principal office at 000 Xxxx Xxxxx Xxxxxx, Xxxxxxxxx,
Xxxxxxxxxx 00000, and Data Translation, Incorporated ("OEM"), a Massachusetts
corporation with its principal office at 000 Xxxxx Xxxxx, Xxxxxxxxxxx,
Xxxxxxxxxxxxx 00000.
WHEREAS, PINNACLE and OEM are parties to an OEM Agreement dated
September 4, 1996 (the "Agreement"); and
WHEREAS, PINNACLE and OEM desire to amend the Agreement to read as set
forth below;
NOW, THEREFORE, PINNACLE and OEM agree as follows:
1. Section 6.1(e) of the Agreement is hereby amended to read in its
entirety as follows:
"(e) OEM agrees to take delivery of [REDACTED***]
units of GenieDVE Product by [REDACTED***]. Payment terms for the [REDACTED***]
shall be [REDACTED***] days from date of shipment. Terms will be net 30 for the
balance of units shipped by PINNACLE to OEM. OEM agrees to take delivery of an
additional [REDACTED***] units of GenieDVE by [REDACTED***]. OEM agrees to take
delivery of an additional [REDACTED***] units, for a total of [REDACTED***]
units, by [REDACTED***]. Terms of Section 6.2 are not applicable to the first
[REDACTED***] units."
2. This Amendment will be governed by and construed and enforced in
accordance with the laws of the State of California as they apply to contracts
entered into and wholly to be performed within such state.
3. This Amendment may be executed in two or more counterparts, each of
which will be deemed an original and all of which together will constitute one
instrument.
4. Except as expressly amended by this Amendment, all provisions of the
Agreement shall remain in full force and effect and terms not otherwise defined
herein shall have their respective meanings as set forth in the Agreement.
IN WITNESS WHEREOF, the undersigned are duly authorized to execute this
first set forth above.
PINNACLE DATA TRANSLATION , INC.
By: /s/ Xxxx Xxxxxxx By: /s/ Xxxx Xxxxxxxx
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Xxxx Xxxxxxx Xxxx Xxxxxxxx
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(Print Name) (Print Name)
Title: President and Chief Executive Officer Title: VP/GM Multimedia
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*** Confidential treatment requested pursuant to a request for confidential
treatment filed with the Securities and Exchange Commission. Omitted
portions have been filed separately with the Commission.
