March 19, 1998 [**] Storage Technology Corporation 2270 South 88th Street Louisville, Colorado 80028-0001 Re: Amendment No. 1 OEM Agreement dated December 18, 1997 between International Business Machines Corporation and Storage Technology Corporation Dear [**]: This letter is being sent to amend certain terms of the OEM Agreement. The amendments follow: A. The first sentence of Section 11.11 of the base OEM Agreement is replaced with the following sentence: 'Except as otherwise provided in [**] Products and Upgrades that are supplied to IBM hereunder will consist of new parts and components.' B. The person responsible for receiving notices for IBM related to forecasts, orders and shipments in Section 26.3 of the base OEM Agreement is changed from [**] to [**]. C. The following footnote is added after the Volume Date of [**] for the [**] and [**] Deliverables: ' [**] D. The 'Note' in the last paragraph of Section 6, i.e., Deliverables, Schedules and Adjustments, of Attachment 1 to Exhibit 3, i.e., the Statement of Work, is deleted in its entirety. All other terms and conditions of the above-referenced agreement that are unaffected by this amendment shall remain in full force and effect. If your company agrees with the foregoing, please indicate its acceptance by signing both copies of this letter, and returning them to me for IBM's execution. Sincerely, [**] ACCEPTED AND AGREED TO: STORAGE TECHNOLOGY INTERNATIONAL BUSINESS CORPORATION MACHINES CORPORATION [**] [**]
OEM Agreement - International Business Machines Corp. And Storage Technology Corp.
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