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EXHIBIT 10.6
[CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE
CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY A DOUBLE ASTERISK
(**). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE
COMMISSION.]
AMENDMENT TO CERTIFIED COMPUTER
MANUFACTURING AGREEMENT
The Certified Computer Manufacturing Agreement (this "Agreement") between APPLE
COMPUTER, INC., a California corporation having its principal place of business
at 0 Xxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxxx 00000, X.X.X. ("Apple") and POWER
COMPUTING CORPORATION, a Delaware corporation having its principal place of
business at 0000 Xxxxx Xxxxxxxxxx 00, Xxxxx 000, Xxxxx Xxxx, Xxxxx 00000 and
its Subsidiaries ("PCC"), dated May 1, 1996 is hereby amended, as of January 1,
1997, as follows:
Notwithstanding Section 3.2, PCC may resell Proprietary Components to other Mac
OS Licensees provided it has obtained the prior written approval of Apple in
each instance.
Exhibit A is amended to read as follows:
EXHIBIT A
ROYALTIES
BOARD DESIGN ROYALTY*
** ** $ **
* PCC will pay Apple a royalty in this amount for each unit of a Certified
Computer or Approved Board distributed by PCC, provided that no such royalty
will be payable to Apple for any Certified Computer containing only one
Approved Board for which PCC or a third party has previously paid Apple a
royalty under a Certified Computer Manufacturing Agreement with Apple.
** PCC must demonstrate to Apple's reasonable satisfaction that **
systems containing processors with clock speeds in excess of ** will meet the
Certification Requirements.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives.
APPLE: PCC:
APPLE COMPUTER, INC. POWER COMPUTING CORP.
BY: /s/ BY: /s/
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PRINT NAME: Xxxxx Xxxxx PRINT NAME: Xxxxxxx X. Xxxxx
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TITLE: Vice President, Licensing TITLE: President & CEO
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CONFIDENTIAL Page 4
