September 19, 1998 [**] Storage Technology Corporation 2270 South 88th Street Louisville, Colorado 80028-0001 Re: Amendment No. 4 OEM Agreement dated December 18, 1997, as amended, between International Business Machines Corporation and Storage Technology Corporation (the 'OEM Agreement') Dear [**]: This letter is an amendment to the above-referenced OEM Agreement. The following changes are hereby made and agreed upon by International Business Machines Corporation ('IBM') and Storage Technology Corporation ('STK') to such agreement: 1. The enclosed Attachment A to this letter that pertains to Iceberg pricing for the years [**] and [**] supersedes and replaces in its entirety the [**] for the year [**] that is contained in Attachment 1 to Exhibit 1, Product Pricing. 2. The following items are added to [**] in Attachment 2 to Exhibit 1, [**]: [**] 3. Section (a) of Attachment 2 to Exhibit 1, [**], is replaced with the following: [**] 4. The following is added to Attachment 2 to Exhibit 1, [**], of the OEM Agreement: [**] 5. The last two lines in the table of [**] that are in Section 1, Definition of Consigned Goods, in Exhibit 4, Consignment Agreement, are replaced by the following lines: [**] 6. [**] relative to the terms of the [**] will not apply to [**] and [**]Products delivered [**]. All other terms and conditions of the OEM 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 [**]` [**] ATTACHMENT A ------------ [**] 2
OEM Agreement - International Business Machines Corp. And Storage Technology Corp.
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