0001047469-18-002636 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 9th, 2018 • Pivotal Software, Inc. • Services-prepackaged software • Delaware

This Indemnification Agreement (this “Agreement”) is made and entered into, effective , by and between Pivotal Software, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).

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AMENDED AND RESTATED AGENT AGREEMENT
Agent Agreement • April 9th, 2018 • Pivotal Software, Inc. • Services-prepackaged software • Texas

This Amended and Restated Agent Agreement (“Agreement”), effective as of [April 2, 2018] [March 30, 2018] (“Effective Date”) is entered into by and between [EMC Corporation, a Massachusetts company, with offices at 176 South Street, Hopkinton, Massachusetts] [EMC Information Systems International, an Irish company with offices at Ovens, County Cork, Ireland], (“Agent”) and [Pivotal Software, Inc. (formerly known as GoPivotal, Inc.), a Delaware company with a principal place of business at 875 Howard Street, 5th floor, San Francisco, CA 94103 as successor-in-interest to GoPivotal Inc. under the Domestic Reseller Agreement (defined below)] [Pivotal Software International (formerly known as GoPivotal International Limited), an Irish company with a principal place of business at Ovens, County Cork, Ireland] (“Principal”). This Agreement amends, restates, and supersedes the Agent Agreement effective as of January 1, 2016 between the parties.

THIRD RESTATED AGENCY AGREEMENT
Agency Agreement • April 9th, 2018 • Pivotal Software, Inc. • Services-prepackaged software • California

This 3rd Restatement of Agency Agreement (“Agreement”) is entered into effective as of March 20, 2018 (“3rd Restatement Date”) by and between VMware, Inc., a Delaware corporation, on behalf of itself and its subsidiaries, including VMware International Ltd., a private limited company incorporated under the laws of Ireland with its principal place of business in Ballincollig, Ireland (collectively, “VMware”) and Pivotal Software, Inc. a Delaware corporation, on behalf of itself and its subsidiaries, including Pivotal Software International Holdings, an unlimited private company incorporated under the laws of Ireland with its principal place of business in Bermuda (“Pivotal”). The parties acknowledge and agree that Pivotal Software International Holdings (formerly known as GoPivotal Holdings) previously assigned its rights and obligations in the Agreement to Pivotal Software International, and VMware, Inc. confirms its consent to such assignment.

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