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Exhibit 10.171
/***/ INDICATES REDACTED INFORMATION FOR WHICH CONFIDENTIAL TREATMENT IS
REQUESTED
Amendment One
Supply Agreement
This Amendment One ("Amendment") amends the Supply Agreement, dated August
18, 1998 ("Agreement"), is effective /***/ ("Effective Date") and is made by and
between Maxtor Corporation, a Delaware corporation, having principal places of
business at 000 Xxxxxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxx 00000 and 0000 Xxxxxx
Xxxxx, Xxxxxxxx, Xxxxxxxx 00000 ("Maxtor") and MMC Technology, Inc., a
California corporation, having its principal place of business at 0000 Xxxxxxx
Xxxxx, Xxx Xxxx, Xxxxxxxxxx 00000 ("MMC").
WHEREAS, Maxtor is willing to offer an additional share of its business to
MMC, which share would be in addition to the share already provided for in the
Agreement; and
WHEREAS, Maxtor and MMC have also agreed to change the terms of sale of
all media, such that /***/;
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND OF
WHICH IS HEREBY ACKNOWLEDGED, AND IN CONSIDERATION OF THE ABOVE PREMISES AND
THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE TO AMEND THE
AGREEMENT AS FOLLOWS:
Paragraph 1.4.2 of the Agreement is amended to read as follows, effective
the first day of Maxtor's fourth fiscal quarter of 1999:
1.4.2 Terms of Sale. The terms of sale are as follows:
(i) For sales to Maxtor's research, engineering, qualification,
development, or NPI facilities, or in any case which is not Just in Time
("JIT"): /***/
(ii) For sales to Maxtor's factory facilities under JIT terms:
/***/
The parties understand and agree that New World Freight, Inc. ("New
World") is currently performing as the common carrier and warehouser for MMC in
the delivery of Product to Maxtor. /***/
Paragraph 1.4.1(A) is amended to read as follows, effective the first day
of Maxtor's fourth fiscal quarter of 1999:
1.4.1. Product Price. /***/
Paragraph 2.3.1(A) is amended to read as follows, effective the first day
of Maxtor's fourth fiscal quarter of 1999:
2.3.1 Volume Commitment. /***/
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THIS AMENDMENT, INCLUDING THE AGREEMENT OF WHICH IT IS A PART, IS A
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH
SUPERSEDES ALL PRIOR OR CONCURRENT PROPOSALS AND UNDERSTANDINGS, WHETHER ORAL OR
WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO ITS
SUBJECT MATTER. NOTWITHSTANDING ANYTHING CONTRARY IN THE AGREEMENT, IN THE EVENT
OF A CONFLICT BETWEEN THIS AMENDMENT AND THE AGREEMENT, THIS AMENDMENT SHALL
PREVAIL. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND ARE RATIFIED
HEREBY.
IN WITNESS WHEREOF, the parties have executed this Amendment as of its
Effective Date.
MAXTOR CORPORATION MMC TECHNOLOGY, INC.
By: /s/ XXXX XXXXXX By: /s/ X. XXXXXXX
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(signature) (signature)
Xxxx Xxxxxx X. Xxxxxxx
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(print name) (print name)
Vice President, Worldwide Materials President & CEO
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(title) (title)
