Exhibit 10(et)1
AMENDMENT NO. 6
TO
DISTRIBUTION AND MARKETING AGREEMENT
This Amendment No. 6 to Distribution and Marketing Agreement ("Amendment") is
dated as of June 25, 2004 between Artera Group, Inc., a Delaware corporation
("Artera"), and Avaya Inc., a Delaware corporation ("Avaya").
WHEREAS, Artera and Avaya are parties to that certain Distribution and Marketing
Agreement dated as of April 21, 2003, as amended by Amendment No. 1 thereto
dated as of October 8, 2003, as amended by Amendment No. 2 thereto dated as of
April 21, 2004, as amended by Amendment No. 3 thereto dated as of May 19, 2004,
as amended by Amendment No. 4 thereto dated as of June 4, 2004, as amended by
Amendment No. 5 thereto dated as of June 18, 2004 (as so amended, "Distribution
Agreement");
WHEREAS, the parties wish to extend the term of the Distribution Agreement as
described herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, as
well as other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
TERM
Article 7 of the Distribution Agreement is hereby amended to read in its
entirety as follows:
"The term of this Agreement shall begin on the Effective Date
and, unless extended or earlier terminated by the written
agreement of the parties or pursuant to Article 8 below, shall
expire on July 9, 2004."
General
Except as expressly amended by this Amendment, the Distribution Agreement will
remain in full force and effect. This Amendment may be executed in one or more
counterparts. Each counterpart will be deemed an original, but all counterparts
together will constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by their
duly authorized representatives.
AVAYA INC. ARTERA GROUP, INC.
By: /s/ Xxxxx Xxxxxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx
-------------------- ------------------------
Name: Xxxxx Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxx
Title: Sr. Purch. Specialist Title: Chairman & CEO
