Design and Production Agreement Sample Contracts

Design and Production Agreement Netlist Inc.
Design and Production Agreement • April 1st, 2011 • Netlist Inc • Semiconductors & related devices

This Design and Production Agreement (“DPA”) effective July 31, 2008 (the “Effective Date”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc with a place of business at 51 Discovery, Suite 150, Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

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Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • November 16th, 2010 • Netlist Inc • Semiconductors & related devices

This Amendment #1 (“Amendment”) to the Register ASIC Design and Production Agreement, dated July 31, 2008, (TAEC#27N1242613) (“Agreement”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer. This Amendment is effective as of the date finally executed below (“Effective Date”).

Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • May 17th, 2010 • Netlist Inc • Semiconductors & related devices

This Design and Production Agreement Amendment effective May 22, 2009 (the “Effective Date”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • September 21st, 2010 • Netlist Inc • Semiconductors & related devices

This Design and Production Agreement Amendment effective May 22, 2009 (the “Effective Date”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • November 16th, 2010 • Netlist Inc • Semiconductors & related devices

This Design and Production Agreement Amendment effective May 22, 2009 (the “Effective Date”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • April 1st, 2011 • Netlist Inc • Semiconductors & related devices

This Design and Production Agreement Amendment effective May 22, 2009 (the “Effective Date”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer.

ASIC DESIGN AND PRODUCTION AGREEMENT between OPEN-SILICON, INC. Milpitas, CA 95035 and NETLIST, INC. Irvine, CA 92618
Design and Production Agreement • November 16th, 2010 • Netlist Inc • Semiconductors & related devices • Delaware

THIS ASIC DESIGN AND PRODUCTION AGREEMENT (this “Agreement”) is made and entered as of , 2010 (the “Effective Date”) by and between OPEN-SILICON, INC., a Delaware corporation with its principal place of business at 490 North McCarthy Boulevard, Suite 220, Milpitas, California 95035 (“Open-Silicon”) and NETLIST, INC., a Delaware corporation with its principal place of business at 51 Discovery, Suite 150, Irvine, California 92618 (“Customer”), for purposes of setting forth the terms and conditions governing the manufacture and sale by Open-Silicon of one or more ASIC devices for Customer, as further specified in one or more Statements of Work (each, a “Statement of Work” or “SOW”) attached hereto as Exhibit A and incorporated herein.

Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • April 1st, 2011 • Netlist Inc • Semiconductors & related devices

This Amendment #1 (“Amendment”) to the Register ASIC Design and Production Agreement, dated July 31, 2008, (TAEC#27N1242613) (“Agreement”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer. This Amendment is effective as of the date finally executed below (“Effective Date”).

Design and Production Agreement Amendment #1 Netlist Inc.
Design and Production Agreement • May 17th, 2010 • Netlist Inc • Semiconductors & related devices

This Amendment #1 (“Amendment”) to the Register ASIC Design and Production Agreement, dated July 31, 2008, (TAEC#27N1242613) (“Agreement”) is between Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc. with a place of business at 51 Discovery, Suite 150 Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design the product identified herein for Customer. This Amendment is effective as of the date finally executed below (“Effective Date”).

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