Amendment 11
Exhibit
10.54
Amendment 11
This
Amendment 11(“Amendment”) effective as
of this
1st day of January, 2008
(“Effective Date”) between Double-take Software Inc.
(Formerly known as NSI Software Inc.) 000 Xxxxxxxx
Xxxx. Xxxxx 000 Xxxxxxxxxxxx XX 00000 (“Double-Take”) and Sunbelt Software Distribution Inc. 000
Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx XX 00000 (“VAR”) amends the Xcelerate Partner Agreement (the
“Agreement”) between the parties dated August 2, 2001.
WHERE
AS Double-Take and VAR wish to modify certain provisions
pertaining to Aggregate Dollar Value.
NOW
THEREFORE in consideration of the mutual covenants contained herein the Parties agrees to
amend the Agreement as follows.
| 1 | The Aggregate Dollar Commitment shall be changed as follows |
| The Annual Aggregate Dollar Value committed is $10,500,000,00 which shall be distributed over the four contract quarters as indicated bellow |
| Q1 2008 | Q2 2008 | Q3 2008 | Q4 2008 | |||
| $2,400,000,00 | $2,700,000,00 | $2,600,000,00 | $2,800,000,00 |
Except
as modified under this Amendment 11, all other terms and conditions of the Agreement
shall remain in full force and effect. In the event of the conflict between the terms and
conditions of this Amendment and the Agreement, the terms and conditions of this Amendment shall
supersede.
IN
WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized representatives.
| Double-Take Software Inc. | Sunbelt Software Distribution Inc.(“VAR”) | |||||||||
Signature:
|
/s/ S. Xxxxx Xxxx | Signature: | /s/ Xxxx Xxxxxxxxxx | |||||||
Print Name:
|
S. Xxxxx Xxxx | Print Name: | Xxxx Xxxxxxxxxx | |||||||
Title:
|
C.F.O | Title: | C.E.O | |||||||
Date:
|
01/28/08 | Date: | 1/21/08 | |||||||
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