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EXHIBIT 10.41
AMENDMENT TO THE CONTRACT FOR DISTRIBUTION
By the present instrument of amendment to the CONTRACT FOR DISTRIBUTION
signed on January 22,1998, on one side, LEISURE TIME TECHNOLOGY, hereafter
called COMPANY with main offices at 0000-X, Xxxxxxxxx Xxxxxxx Xxxx, Xxxxxxxx,
Xxxxxxx 00000, Xxxxxx Xxxxxx, represented in this act by its partner XXXX XXXX
XXXXXXX, North-American, businessman, social security number ###-##-#### and
Passport No. 000000000, Type P, domiciled at 0000 Xxxx Xxxxx Xx. Xxxxx #00, Xxx
Xxxxxxx, Xxxxxxxxx 00000, Xxxxxx Xxxxxx, and, on the other side, SAO PAULO GAMES
COMERCIAL LTDA hereinafter called DISTRIBUTOR with main offices at Xxx Xxxxxxx
Xxxxxxxx 000, Xxxx, 0X- Xxxxx Bibi, in this Capital, registered at the CGC/MF
under the No. 02.261.144/0001-27, by its legal representatives XXXXXXXX XXXXXX
XXXX, XXXX XXXXX XXXXXXXX XXXX XXXXXXXXXX and XXXXX XXXX XXXXXXX XX XXXXXXXX,
taking into consideration the following reasons:
WHEREAS:
A) Whereas the Contract for Distribution hereby amended establishes in
its Article II (2.10) that the DISTRIBUTOR must make minimum purchases of
quantities or sums of Machines of multiple games or of POG Multi-Game Products
described and mentioned in the same;
B) Also whereas, in case the DISTRIBUTOR purchases quantities of
Machines or Products which are over the minimum established for the period, this
purchased amount which surpasses this minimum must be transferred and
compensated in the next acquisition period.
C) Furthermore, whereas the DISTRIBUTOR has already purchased from the
COMPANY 200 (two hundred machines) until the present date, with a total purchase
of US$1.,072,832.50 (one million, seventy two thousand and eight hundred and
thirty two dollars and fifty cents - American dollars);
THEREFORE, taking into account the foregoing, the parties decide among
them accepted and contracted, to amend the mentioned Contract for Distribution
and do so according with the following:
ARTICLE I) The DISTRIBUTOR must credit the 200 (two hundred) machines
already purchased from the COMPANY, with a total purchase sum of
US$1,072,832.50, that is, from the minimum quantity established for the first
trimester, described in the Article II, item 2.l, it must be considered that the
DISTRIBUTOR had already acquired the amount here described.
ARTICLE II) Likewise, the COMPANY admits that the DISTRIBUTOR has
already purchased 200 (two hundred) machines, an investment of US$ 1,072,832.50
and therefore, this amount should be considered as part of the compliance with
article II, item 2.1.
ARTICLE III) If the DISTRIBUTOR surpasses the minimum amount of
purchases established in Article II, item 2.1 of the contract hereby amended,
taking already into consideration the above purchase, the amount which surpasses
the legal minimum must be considered as part of
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compliance with the obligation of purchases during the following semester, as
established at the end of item 2.2 of the mentioned article.
ARTICLE IV) For all purposes, the COMPANY must consider the above
mentioned sum, that is, US$1,072,832.50 as having been spent by the DISTRIBUTOR
for the purchase of Machines or products described in the amended contract.
Therefore, being in agreement, the Contract of Distribution is hereby
amended with the considerations and articles above described and mentioned and
they sign the present private instrument of amendment in 3 (three) copies of
sole and equal content, before 2 (two) witnesses, for all legal purposes.
Sao Paulo, January 21,1999
LEISURE TIME TECHNOLOGY
/s/
SAO PAULO GAMES COMERCIAL LTDA
WITNESSES
1) /s/
2) /s/
