AMENDMENT NUMBER ONE TO
THIS AMENDMENT NUMBER ONE TO
(this "Amendment") entered into and effective as of December 31, 1998 by and
among SAVOIR TECHNOLOGY GROUP, INC., a Delaware corporation ("SVTG") (formerly
known as Western Micro Technology, Inc.), BUSINESS PARTNER SOLUTIONS, INC., a
Texas corporation ("BPS") (formerly known as Star Data Systems, Inc.) and SIRIUS
COMPUTER SOLUTIONS, LTD., a Texas limited partnership ("Sirius"),
W I T N E S S E T H:
WHEREAS, the parties hereto are parties to that certain , dated as of September 30, 1997 (the
"Agreement"); and
WHEREAS, pursuant to Section 11.4 of the Agreement, the parties hereto
wish to amend the Agreement as provided herein;
NOW, THEREFORE, in consideration of the foregoing and the respective
promises, covenants and agreements set forth herein and in the Agreement, the
parties hereby agree as follows:
1. Section 8 of the Agreement is amended and restated to read in its
entirety as follows:
"Term. Subject to earlier termination in accordance
with Section 9 of this Agreement, the term of this
Agreement shall commence on September 30, 1997 and
continue (i) with respect to IBM AS/400 products,
until December 31, 2000, and (ii) with respect to all
other Products, until September 30, 2001, at which
time this Agreement will terminate unless otherwise
mutually agreed to by the Parties hereto."
2. Capitalized terms used herein but not otherwise defined herein
shall have the meanings as set forth in the Agreement.
3. Other than with respect to Section 8, this Amendment does not
modify, change or delete any other addendum, term, provision,
representation, warranty or covenant (the "Provisions") relating to
or contained in the Agreement, and all such Provisions shall remain
in full force and effect.
4. This Amendment shall be construed in accordance with and shall be
governed by the laws of the State of Delaware, without regard to
its laws as to conflict of laws.
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5. This Amendment may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which together
shall constitute one and the same instrument.
6. This Amendment and any of the provisions hereof may not be amended,
altered or added to in any manner except by a document in writing
and signed by each party.
IN WITNESS WHEREOF, this Amendment has been executed as of the date and
year first above written.
SAVOIR TECHNOLOGY GROUP, INC., a
Delaware corporation
By /S/ P. XXXXX XXXXX
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Its CEO
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BUSINESS PARTNER SOLUTIONS, INC., a
Texas corporation
By /S/ CARLTON XXXXXX XXXXXXX XX
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Its PRESIDENT
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SIRIUS COMPUTER SOLUTIONS, LTD., a
Texas limited partnership
By: Sirius Management, LLC
By /S/ XXXXXX XXXXX
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Its PRESIDENT
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