EXHIBIT 10.53
AMENDMENT
THIS IS AN AMENDMENT (THE "AMENDMENT") OF THE FIRST VIRTUAL
COMMUNICATIONS PARTNER AGREEMENT (the "AGREEMENT") made and entered into as of
the 1st day of April 2002 (the "AGREEMENT DATE") by and between FIRST VIRTUAL
COMMUNICATIONS, INC. ("FVC"), a Delaware corporation its principal place of
business at 0000 Xxxxxxxx Xxxxx, Xxxxx Xxxxx, XX 00000, XXX; and NET ONE SYSTEMS
("NET ONE"), a Japanese corporation with its principal place of business at
Sphere Tower Tennoz, 2-8, Higashi Xxxxxxxxx 0-Xxxxx, Xxxxxxxxx-Xx, Xxxxx
000-0000, Xxxxx; FVC and Net One.
In consideration of the mutual covenants and agreement contained
herein, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. The following language in Section 4.4 of the Agreement does
not accurately reflect the intent and objectives of the
parties. Therefore, as of the Agreement Date, such language
hereby is deleted in its entirety and is replaced with the
following:
All Products delivered pursuant to the terms of this Agreement
shall be suitably packed for shipment in FVC's standard
shipping cartons, marked for shipment to Partner's address set
forth above or at such other address as the parties agree
upon, and delivered to the carrier agent F.O.B. FVC's shipping
location, at which time risk of loss and title to the Products
shall pass to Partner. All freight, insurance, and other
shipping expenses, as well as expenses for any special packing
requested by Partner, will be paid by Partner.
2. In the last sentence of Section 15.8 the reference to Section
14.8 shall now be replaced with reference to Section 15.8.
3. Except as expressly amended in the foregoing Sections 1 and 2
of this Amendment, the Agreement is hereby confirmed and
ratified in all respects.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered as of the date first above written.
FIRST VIRTUAL COMMUNICATIONS, INC. NET ONE SYSTEMS
By: /s/Xxxxx Xxxxxxxxx BY: /s/Xxxxx Xxxx
______________________________ ______________________________
Title: Executive Chairman Title: President and CEO
___________________________ ___________________________
Date: September 28, 2002 Date: September 25,2002
____________________________ ____________________________
