Amendment No. 1
Amendment
No. 1
to
the Cooperation Agreement of December 15, 2005
(“Amendment and “Corporation Agreement” respectively)
(“Amendment and “Corporation Agreement” respectively)
between
IXI
Mobile (R&D) Ltd.
17
Hatidhar St.
Ra’anana
00000
Xxxxxx
(herafter
mentioned „IXI“)
and
1&1
Internet AG
Xxxxxxxxxxx
Xxxxxx 00
00000
Xxxxxxxxx
Xxxxxxx
(hereafter
mentioned “1&1”)
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1.
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All
capitalized terms in the Amendment shall have the same meaning as in the
Corporation Agreement.
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2.
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Section
10.3 of the Cooperation Agreement dated December 15, 2005 will be deleted
and replaced in its entirety as
follows:
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Amendment
No. 1 to the Cooperation Agreement between IXI Mobile (R&D) Ltd.
and 1&1 Internet AG |
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“10.31&1
will have the following options to terminate this Agreement subject to fourteen
(14) days written notice prior end of month. In any event of termination under
this Section, 1&1 will pay IXI the price of any additional services and/or
Products ordered by 1&1 and not yet delivered by IXI:
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a)
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1
month after the publishing of the advertising for the Products by 1&1
and in any event no later than May 01,
2006;
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b)
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2
months after the publishing of the advertising for the Products by 1&1
and in any event no later than June 01, 2006.” In that case, 1&1 will
pay IXI a non refundable fee of
$150,000.
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3.Section
1.6.1 will be added to the Cooperation Agreement as follows:
“As of
September 30, 2006, the CT-12 device will include an optional feature allowing
the GPRS data connection (PDP context activation) to be either “Always On” or
“On Demand”. 1&1 will indicate on any purchase order the required option.
IXI shall not be obligated to update this feature on the 35,000 devices ordered
prior to the date hereof.
Except as
expressly stated otherwise herein, the Cooperation Agreement dated December 15,
2005 shall remain in full force and effect.
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As
agreed by:
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February
___, 2006
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February
___, 2006
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1&1
Internet AG
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IXI
Mobile (R&D) Ltd.
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By:
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By:
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Name:
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Name:
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Title:
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Title:
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Amendment
No. 1 to the Cooperation Agreement between IXI Mobile (R&D) Ltd.
and 1&1 Internet AG |
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