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EXHIBIT 10.11
AMENDMENT NO. 2 TO RESELLER AGREEMENT BETWEEN MARIMBA, INC.
AND TIVOLI SYSTEMS, INC.
REFERENCE AGREEMENT NUMBER: RES9700332 AMENDMENT NO: 2
EFFECTIVE DATE OF AMENDMENT XX. 0 - XXXX 00, 0000
XXXXXXX NAME AND ADDRESS: RESELLER NAME AND ADDRESS:
Marimba, Inc. ("Marimba") Tivoli Systems, Inc. ("Reseller")
000 Xxxxx Xxxxxx 0000 Xxxxxxx xx Xxxxx Xxxxxxx Xxxxx
Xxxxxxxx Xxxx, XX 00000 Xxxxxx, XX 00000
MARIMBA COMPANY CONTACT: RESELLER COMPANY CONTACT:
Xxxx Xxxxxxxxx Xxxxxx X Xxxxxxxx
General Counsel Manager, Contract Services,
Business Operations
Phone: (000) 000-0000 Phone: (000) 000-0000
Fax: (000) 000-0000 Fax: (000) 000-0000
WHEREAS, the parties desire to amend the Reseller Agreement by and between
Marimba and Reseller dated as of August 14, 1997 (the "Reseller Agreement") for
a second time to permit Reseller to resell Marimba products as set forth herein;
NOW THEREFORE, in consideration of agreements reached between the parties, the
Reseller Agreement is hereby amended as follows (this "Amendment"):
1. Definitions. All capitalized terms used and not otherwise defined herein
shall have the meanings ascribed to them in the Reseller Agreement.
2. Section 1.a. License Grant. Add the following provisions:
Marimba hereby grants Reseller the right to distribute the Products to the DISA,
an agency of the United States government, through Logicon, a Prime Contractor
to DISA. For reference, the Logicon Prime Contract from DISA is BOA No. 810013.
The parties acknowledge that they have read this Amendment, understand it, and
agree to be bound by its terms and conditions. Further, they agree that this
Amendment and the referenced Reseller Agreement are the complete and exclusive
statement of the agreement between the parties, superseding all proposals or
communications between the parties relating to this subject. Any reproduction of
this Amendment by reliable means will be considered an original of this
document.
This Amendment No.2 to Reseller Agreement shall be deemed effective as of June
30, 1998.
TIVOLI SYSTEMS, INC. MARIMBA, INC.
By: /s/ XXXXXX X. XXXXXXXX By: /s/ XXXX XXXXXX
--------------------------------- -------------------------------------
Name: Xxxxxx X. Xxxxxxxx Name: Xxxx Xxxxxx
------------------------------- -----------------------------------
Title: Mgr. Contract Services Title: V.P./Chief Financial Officer
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Date: July 16, 1998 Date: June 30, 1998
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