AMENDMENT 12
Exhibit
10.45
AMENDMENT
12
This
Amendment 12 (“Amendment 12”) effective as of this 1st day of
January, 2009 (“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., 00
Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxx, XX 00000 (“VAR”) amends the Xcelerate
Partner Agreement (“Agreement”), between the parties dated August 2,
2001.
WHEREAS,
Double-Take and VAR wish to modify certain provisions pertaining to Aggregate
Dollar Commitment;
NOW
THEREFORE in consideration of the mutual covenants contained herein, the parties
agree to amend the Agreement as follows:
1. The
Aggregate Dollar Commitment (Schedule B, Section 4) shall be changed as
follows:
The
annual Aggregate Dollar Commitment is $12,250,000.00 which shall be distributed
over the four contract quarters as indicated below:
|
Q1-
2009
|
Q2
- 2009
|
Q3
- 2009
|
Q4
- 2009
|
|
$2,800,350.00
|
$3,149,475.00
|
$3,033,100.00
|
$3,267,075.00
|
Except as
modified under this Amendment 12, all other terms and conditions of the
Agreement shall remain in full force and effect. In the event of a
conflict between the terms and conditions of this Amendment 12 and the
Agreement, the terms and conditions of this Amendment 12 shall
supersede.
IN
WITNESS THEREOF, the parties hereto have caused this Amendment 12 to be executed
by their duly authorized representatives.
Double-Take
Software, Inc. Sunbelt
Software Distribution, Inc.
Signature: /s/ S. Xxxxx
Xxxx Signature: /s/ Xx
Xxxxxxxx
Print
Name: S. Xxxxx
Xxxx Print Name: Xx
Xxxxxxxx
Title:
Chief Financial
Officer
Title: President of EMEA
Date: January 30,
2009
Date: January 30,
2009
