Exhibit 4(g)
Amendment renewing the IMMUNITY AGREEMENT entered into January 25, 1994
between Motorola, Inc. and ASE, Incorporated
Motorola Inc. and ASE, Incorporated agree to amend the above-identified
IMMUNITY AGREEMENT as follows:
In Section 1.4, line 6, replace "integrated circuit device" with
"INTEGRATED CIRCUIT STRUCTURE or STRUCTURES".
2. In Section 1.7, replace "the date of the last signature hereto." with
"January 1, 2003."
3. In Section 4.1, line 2, replace "2002" with "2010".
4. *
5. Delete Section 4.1.2.
6. In Section 5.1, line 2, replace "2002" with "2010".
7. In Section 5.6, lines 3-7, remove ", except to a successor in ownership of
all or substantially all of the assets of the assigning party. Such
successor, before such assignment or transfer is effective, shall
expressly assume in writing to the other party the performance of all of
the terms and conditions of this Agreement to be performed by the
assigning party".
8. Renumber Section "6.9" to "6.10".
9. Renumber Section "6.9.1" to "6.10.1".
10. Renumber Section "6.9.2" to "6.10.2".
11. Renumber Section "6.9.3" to "6.10.3".
12. After Section 6.8, add new Sections 6.9 and 6.9.1-6.9.6 as indicated
below:
6.9 The parties shall have the right to disclose the existence of this
Agreement. The parties hereto, however, shall keep the terms of the
Agreement confidential and shall not now or hereafter divulge any part
thereof to any third party except:
6.9.1 with the prior written consent of the other party; or
6.9.2 to any governmental body having jurisdiction to request and to
read the same; or
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*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.
Amendment renewing the IMMUNITY AGREEMENT entered into January 25,
1994 between Motorola, Inc. and ASE, Incorporated
6.9.3 as otherwise may be required by law or legal processes; or
6.9.4 to legal counsel representing either party.
6.9.5 Notwithstanding the above, no disclosure of this Agreement
shall be made pursuant to Section 6.9.2 or 6.9.3 without the
disclosing party first giving the other party reasonable prior notice
of such intended disclosure so as to allow the other party sufficient
time to seek a protective order or otherwise assure the
confidentiality of this Agreement as that other party shall deem
appropriate.
6.9.6 Notwithstanding anything to the contrary herein, the provisions
of this Section 6.9 shall survive termination of this Agreement and
continue in perpetuity.
All other terms and conditions of the above-identified IMMUNITY AGREEMENT
remain the same.
Indicating their agreement to the foregoing, the parties have hereto executed
this Agreement in duplicate.
Motorola, Inc. ASE, Incorporated
By: /s/ Xxxx Xxxxx By: /s/ Xxxx Xxxxxxxxx
----------------------------------- ---------------------------------
Title: DIRECTOR, IP LICENSING Title: Vice President of Sales
Date: 3/18/03 Date: 3/12/03
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