Frame Manufacturing and Supply Agreement dated April 11, 2006 and Amendment thereof dated March 30, 2009 (hereinafter jointly referred to as “Agreement”) Dear Mr. Sorin:
Exhibit 10.5
[Redacted Copy]
“***” indicates portions of the agreement that have been omitted pursuant to a confidential treatment request and have been filed with the Securities and Exchange Commission separately.
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XX-0000 Xxxxx
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September 28, 2010 | |
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Attention of Xx. Xxxxxx Xxxxx, Managing Executive |
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Director |
Legal K-141,3,29 |
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Tatzberg 49 |
Tel. *** |
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X-00000 Xxxxxxx |
Fax *** |
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Frame Manufacturing and Supply Agreement dated April 11, 2006 and Amendment thereof dated March 30, 2009 (hereinafter jointly referred to as “Agreement”)
Dear Xx. Xxxxx:
The purpose of this letter is to summarize our mutual understanding with regard to the above mentioned Agreement as follows:
1. Extension of Initial Period. The Initial Period of the Agreement shall end on December 31 , 2011. Thereafter, the Agreement shall be automatically extended by an additional calendar year each time unless either party terminates the Agreement upon 6 months prior written notice, for the first time effective as of December 31, 2011.
2. Negotiations. The parties wish to express their intention to enter into good faith negotiations for a multi-year manufacturing and supply agreement for the Products (or parts thereof) as defined in the Agreement.
3. Assignment. BASF Schweiz AG (as legal successor to Ciba Inc.) hereby assigns all rights and obligations under the Agreement to BASF Future Business GmbH (“BASF”) with offices at 4. Xxxxxxxxx X00, 00000 Xxxxxxxxxxxx, Xxxxxxx. The assignment shall be made with retroactive effect as of November 1, 2009.
Except as expressly modified by the terms and conditions of this Amendment, the other terms and conditions of the Agreement remain in full force and effect.
BASF Schweiz AG
Xxxxxxxxxxxxxx 000
XX-0000 Xxxxx
Telefon x00 00 000 00 00
Telefax x00 00 000 00 00
xxxx://xxx.xxxx.xx
If you agree with the above, please sign the attached duplicates of this letter and send back two originals to the attention of ***.
Yours sincerely,
BASF Schweiz AG
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Director Printed Electronics |
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Head of Law & Compliance Officer | ||
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Agreed and accepted: |
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Managing Director |
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BASF Future Business GmbH |
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