{"id":42608,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/oem-agreement-international-business-machines-corp-and-storage7.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"oem-agreement-international-business-machines-corp-and-storage7","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/oem-agreement-international-business-machines-corp-and-storage7.html","title":{"rendered":"OEM Agreement &#8211; International Business Machines Corp. And Storage Technology Corp."},"content":{"rendered":"<pre>\nSeptember 19, 1998\n\n[**]\nStorage Technology Corporation\n2270 South 88th Street\nLouisville, Colorado 80028-0001\n\n\n     Re: Amendment No. 3 \n         OEM Agreement dated December 18, 1997, as amended, between \n         International Business Machines Corporation and Storage Technology \n         Corporation (the 'OEM Agreement')\n\nDear [**]:\n\nThis letter is an amendment to the above-referenced OEM Agreement. The following\nchanges are hereby made and agreed upon by International Business Machines\nCorporation ('IBM') and Storage Technology Corporation ('STK') to such\nagreement:\n\n1.   The following is added as a separate paragraph in Section 6.2 of the base\n     OEM agreement:\n\n     'Notwithstanding anything to the contrary, if IBM submits to STK during the\n     period from [**] to [**] a [**] in accordance with [**] that [**] less than\n     [**] for the immediately following quarter, then such [**] shall be\n     considered by the Parties as a [**] for the [**] in which IBM will be\n     entitled to purchase [**] from STK under the Agreement, and IBM will submit\n     to STK a [**] for such [**] that have been [**] the beginning of such\n     [**].'\n\n2.   The payment term of [**] for 1999 or later in Section 7.10(a) of the base\n     OEM agreement is changed to [**].\n\n3.   The maximum percentage of [**] in Section 10.3 of the base OEM agreement is\n     changed to [**]. In addition, the following sentence is added to the end of\n     Section 10.3 of the base OEM agreement: 'Notwithstanding the foregoing, the\n     [**] shall not apply to the monthly build forecast that IBM previously\n     submitted to STK at the beginning of [**].\n\n4.   The following is added as Section 3.8 to Attachment 1 to Exhibit 3, i.e.,\n     the Statement of Work: \n\n     'STK shall [**] into [**] that are to be provided by [**] to [**] under the\n     Agreement by [**] to be provided by, IBM.'\n\n\n\n\n\n\n5.   The description of [**] in Section 4.3(c), Funding of Deliverables, in\n     Attachment 1 to Exhibit 3, i.e., Statement of Work, is changed to the\n     following: [**].\n\n6.   The description of [**] in Section 4.3(c), Funding of Deliverables, in\n     Attachment 1 to Exhibit 3 i.e., Statement of Work, is changed to the\n     following: [**] as described in the previously executed Amendment No. 2 to\n     the OEM Agreement.\n\n7.   The [**] Deliverable that appears in Section 6, Deliverables, Schedules and\n     Adjustments, of Attachment 1 to Exhibit 3 i.e., the Statement of Work, is\n     replaced with the following:\n\n\n\n'Deliverable         Type          ESP Date          Volume         Adjustment\n------------         ----          --------          ------         ----------\n                                                        \n   [**]              [**]            [**]             [**]             [**]\n\n\n\n8.   The following footnote is added to the description of [**] for [**]\n     products that appears in the [**] Deliverable in Section 6, Deliverables,\n     Schedules and Adjustments, of Attachment 1 to Exhibit 3, i.e., the\n     Statement of Work:\n\n     [**]\n\n9.   The third paragraph in Section E (1), Adjustment for Failure to Meet Volume\n     Date, of Appendix B to Attachment 1 of Exhibit 3 i.e., Completion and\n     Acceptance Criteria, that begins with 'If the Parties agree on ....' is\n     replaced with the following paragraph:\n\n     'If StorageTek fails to meet the Volume Date for [**] associated with the\n     [**] Deliverable, then IBM shall receive [**] to be used against its [**]\n     that is equal to [**], as stated below, for each failure. If StorageTek\n     fails to meet the Volume Date for [**] associated with the [**]\n     Deliverable, then IBM shall receive [**] to be used against its [**] that\n     is equal to [**], as stated below, for each failure.'\n\n10.  The words ', including [**] for [**] are added after the word 'software'\n     that appears in the fourth line of Section 3.1(e), Grant of Licenses, in\n     Attachment 2 to Exhibit 3, i.e., Description of Licensed Works.\n\n11.  The [**] of [**] for each workload in Schedule 5 of Appendix A of\n     Attachment 1 to Exhibit 3, i.e., the Statement of Work, is changed to [**].\n     In addition, the [**] of [**] in Schedule 5 of Appendix A of Attachment 1\n     to Exhibit 3, i.e., the Statement of Work, is changed to [**].\n\n12.  The paragraph in Section 26.3, Notices, of the base OEM agreement that\n     begins with 'Either Party may change any address at which ....' is changed\n     to 'Either Party may change any person who, or address at which it, will\n     receive notices by notifying the other Party in writing.'\n\n\n                                       2\n\n\n\n\nAll other terms and conditions of the OEM Agreement that are unaffected by this\namendment shall remain in full force and effect. If your company agrees with the\nforegoing, please indicate its acceptance by signing both copies of this letter,\nand returning them to me for IBM's execution.\n\nSincerely,\n\n\n\n[**]\n\n\nACCEPTED AND AGREED TO:\nSTORAGE TECHNOLOGY                                       INTERNATIONAL BUSINESS\nCORPORATION                                              MACHINES CORPORATION\n\n[**]                                                     [**]\n\n\n\n\n\n\n                                       3\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7886,8959],"corporate_contracts_industries":[9508],"corporate_contracts_types":[9613,9619],"class_list":["post-42608","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-international-business-machines-corp","corporate_contracts_companies-storage-technology-corp","corporate_contracts_industries-technology__hardware","corporate_contracts_types-operations","corporate_contracts_types-operations__sales"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42608","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42608"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42608"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42608"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42608"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}