DEVELOPMENT AND OEM SUPPLY AGREEMENTDevelopment and Oem Supply Agreement • November 9th, 2005 • Dot Hill Systems Corp • Computer storage devices • California
THIS DEVELOPMENT AND OEM SUPPLY AGREEMENT (the “Agreement”) is made and entered into by and among Dot Hill Systems Corporation, a Delaware corporation, having its principal place of business at 6305 El Camino Real, Carlsbad, CA 92009, and Dot Hill Systems B.V., a Netherlands corporation, having its principal place of business at Marssteden 94, 7547 TD Enschede, the Netherlands (hereinafter jointly “Dot Hill”); and Network Appliance, Inc., a Delaware corporation, having its principal place of business at 495 East Java Drive, Sunnyvale, CA, and Network Appliance, B.V., a Netherlands corporation, having its principal place of business at Scorpius 2, 2132 LR Hoofddorp, the Netherlands (hereinafter jointly “NetApp”). Dot Hill and NetApp may individually be referred to as a “party” and collectively as the “parties” in this Agreement.
SECOND AWARD LETTERSecond Award Letter • November 9th, 2005 • Dot Hill Systems Corp • Computer storage devices
THIS SECOND AWARD LETTER (the “Second Award Letter”) is made on and as of the 16th day of September, 2005 (the “Award Letter Date”) by and between DOT HILL SYSTEMS CORPORATION, a Delaware corporation (“Dot Hill”) and SOLECTRON CORPORATION, a Delaware corporation, on behalf of itself and its subsidiaries, including but not limited to Solectron Technology Singapore Pte. Ltd., and Solectron Europe B.V. (“Supplier”), pursuant to the Manufacturing Agreement, dated as of May 20, 2002, as amended, between Dot Hill and Supplier (the “Agreement”). Capitalized terms which are not defined in this Second Award Letter shall have the meanings as ascribed to such terms in the Agreement. Dot Hill and Supplier hereby agree as follows:
SECOND AMENDMENT TO MANUFACTURING AGREEMENT AND AWARD LETTERManufacturing Agreement • November 9th, 2005 • Dot Hill Systems Corp • Computer storage devices
THIS SECOND AMENDMENT (the “Second Amendment”) to the Manufacturing Agreement made on and as of May 20, 2002, as amended, and the Award Letter made on and as of May 20, 2002 (collectively, the “Agreement”) is hereby made and entered into as of September 16, 2005 (the “Second Amendment Effective Date”), by and between DOT HILL SYSTEMS CORPORATION, a Delaware corporation (hereinafter “Dot Hill”) whose principal place of business is 6305 El Camino Real, Carlsbad, California 92009, and SOLECTRON CORPORATION, a Delaware corporation, on behalf of itself and its subsidiaries and affiliates, including but not limited to, Solectron Technology Singapore Pte. Ltd., Solectron Europe B.V. and other Offshore Business Headquarters (“OBHQs”), whose principal place of business is 847 Gibraltar Drive, Milpitas, California 95035 (hereinafter “Supplier”).
FOURTH AMENDMENT TO PRODUCT PURCHASE AGREEMENTProduct Purchase Agreement • November 9th, 2005 • Dot Hill Systems Corp • Computer storage devices
THIS FOURTH AMENDMENT (the “Fourth Amendment”) to the Product Purchase Agreement that was made on the 22nd day of May, 2002, the exhibits thereto and as amended (the “PPA”), and the Award Letters executed thereunder, is made and entered into as of this 26th day of September, 2005 (the “Fourth Amendment Effective Date”) by and among Sun Microsystems, Inc., a Delaware corporation, with an office at 4150 Network Circle, Santa Clara, California 95054 and Sun Microsystems International B.V., a Netherlands corporation, with an office at Dis Ketteweg 2, 3821 AR Amersfoot, the Netherlands (hereafter collectively referred to as “Sun”) and Dot Hill Systems Corporation, a Delaware corporation, with an office at 6305 El Camino Real, Carlsbad, California 92009 and Dot Hill Systems B.V., a Netherlands corporation, with an office at Marssteden 94, 7547 TD Enschede, the Netherlands (hereafter collectively referred to as “Supplier”). For purpose of interpretation and construction of this Fourth Amendme
PRODUCT SUPPLEMENT/AWARD LETTER FOR LOW COST ARRAY (“LCA”)Product Supplement/Award Letter • November 9th, 2005 • Dot Hill Systems Corp • Computer storage devices
This Product Supplement/Award Letter (this “Award Letter”) is made on and as of this 27th day of September, 2005 (“Effective Date”) by and between Sun Microsystems, Inc. and Sun Microsystems International B.V. (“Sun”) and Dot Hill Systems Corporation and Dot Hill Systems B.V. (“Supplier”), pursuant to the Product Purchase Agreement, dated as of May 22, 2002, Agreement No. AR-63645, as amended, made by and between the parties (the “Agreement”). Capitalized terms not defined in this Award Letter have the meanings set forth in the Agreement. The parties agree as follows:
