Contract
Amendment (this "Amendment") dated August 23, 2002, to a Master Purchase Agreement (the "MPA") dated August 10, 1998, by and between M-Systems Inc. ("M-Systems") and Toshiba America Electronics Components, Inc. ("Toshiba").
WHEREAS, M-Systems and Toshiba are parties to the MPA; and
WHEREAS, M-Systems and Toshiba wish to agree on certain amendments to the MPA, as set forth in this Amendment
THEREFORE, the parties agree as follows:
1. Definitions. Capitalized terms used herein but otherwise not defined herein shall have the meanings ascribed to such terms in the MPA.
2. Section 2 of the MPA shall be deleted and replaced with the following wording:
"2. TERM OF AGREEMENT. This Agreement shall come into force on the Effective Date and will remain in effect until December 31, 2005, unless earlier terminated by either party pursuant to Section 16 "Termination"."
3. The above changes to the MPA shall enter into effect as of the date of this Amendment. Other than the above changes, the terms of the MPA shall continue to be in full force and effect and with no further changes.
IN WITNESS HEREOF, the parties have signed this Amendment as of the above date:
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TOSHIBA CORPORATION |
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BY: /s/ Xxx Xxxxx |
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BY: /s/ M. Muromachi |
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NAME: Xxx Xxxxx |
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NAME: Masashi Muromachi |
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Vice President, Memory Division TITLE: Semiconductor Company |
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TITLE: President and CEO |
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DATE: Aug. 22, 2002 |
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DATE: Aug. 23, 2002 |
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