{"id":42888,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/technical-assistance-agreement-matsushita-communication4.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"technical-assistance-agreement-matsushita-communication4","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/technical-assistance-agreement-matsushita-communication4.html","title":{"rendered":"Technical Assistance Agreement &#8211; Matsushita Communication Industrial Co. Ltd. and UTStarcom Inc."},"content":{"rendered":"<pre>\n                         TECHNICAL ASSISTANCE AGREEMENT\n\nAGREEMENT made and entered into, by and between\n\nMatsushita Communication Industrial Co., Ltd., Communication Systems Division, a\nJapanese Corporation, having its principal offices at 3-1 Tsunashima-Higashi\n4-chome, Kohoku-ku, Yokohama 223-8639, Japan (hereinafter called 'Licensor'),\nand \nUTStarcom Inc., a Delaware corporation, having its principal offices at 1275\nHarbor Bay Parkway, Suit 100, Alameda, California 94502, U.S.A. (hereinafter\ncalled 'Licensee').\n\n                                   WITNESSETH:\n\nRECITALS:\n\nLicensor and Licensee have been the parties to Purchase Agreement for P.R. China\nMarket effective as of April 1, 1997 which is subsequently renewed and amended\n(hereinafter referred to as the 'Purchase Agreements'), under which Licensee\npurchased a certain products from Licensor on an OEM basis so that Licensee\nconnects and integrates the products with other products to build up the\nwireless local loop system, and resells and installs such system in P.R. China.\n\nLicensee has some difficulties in obtaining the license to import the products\npurchased from Licensor into P.R. China and is desirous of receiving from\nLicensor, technical assistance and information for, and know-how in connection\nwith, the manufacture and assembly in P.R.China of such products,\n\nLicensor is willing and ready to render such technical assistance, information\nand know-how to Licensee, all upon and subject to the terms and conditions\nhereinafter set forth,\n\nNOW, THEREFORE, in consideration of the recitals and the mutual promises herein\ncontained, the parties hereto agree as follows:\n\nARTICLE 1. DEFINITIONS\n\n1.01 The term 'Item(s)' means,\n1) radio port controllers, and\n2) radio ports.\n\n\n\n\n\nAny other items may be added to the aforesaid items or any of the aforesaid\nitems may be excluded from the scope of Items by mutual written agreement or the\nparties hereto and subject to the approval of the Japanese Government, if then\nrequired.\n\n1.02 The term 'Products' means the product models and the subassemblies therefor\nwithin the scope of Items, that are designed and\/or manufactured by Licensor\nduring the term of this Agreement and are selected by a written agreement of the\nparties hereto. The initial Products are set forth in Exhibit A attached hereto\nand made a part hereof. Exhibit A may be amended by a written agreement of the\nparties from time to time during the term or this Agreement and subject to the\napproval of the Japanese Government, if then required.\n\n1.03 The term 'Effective Date' means the date on which both parties signed this\nAgreement (if different, the later date of signature), subject to the approval\nof the Japanese Government, if necessary.\n\n1.04 The term 'Components' means parts, components, materials, subassemblies,\nprinted circuit boards, control cards, interface cards, accessories, packing\nmaterials, and printed materials used in the Products.\n\n1.05 The term 'Production Equipment' means machine, tools, jigs, molds, dies,\nand instruments, required by Licensee for manufacture (including assembly,\nadjustment, programming, and tests) and inspection of the Products.\n\n1.06 The term 'Production' means procurement of Production Equipment,\nComponents, assembly, adjustment, in-process test, quality control inspection\nand repair.\n\n1.07 The term 'Calculation Period' means the period from January 1 to June 30 of\neach year, the period from July 1 to December 31 of each year, and the period\nfrom the later coming January 1 or July 1 to the date of termination or\nexpiration of this Agreement.\n\n1.08 The term 'Affiliates' means companies or other entities controlling,\ncontrolled by, or under the common control with, either party, and the term\n'Subsidiaries' means, among the Affiliates, companies or other entities\ncontrolled by either party. As used in this Article, the term 'control' means\nthe direct or indirect ownership or control of the majority of the outstanding\nshares or the ownership representing the power to direct the business of the\ncompanies or entities, as long as such ownership or control exists.\n\nARTICLE 2. TECHNICAL ASSISTANCE\n\n                                     - 2 -\n\n\n\n2.01 Technical Information and Advice:\n\n2.01A During the term of this Agreement, Licensor shall furnish Licensee with a\nset of written technical information for use by Licensee in the manufacture\nand\/or assembly of the Products to the extent freely disposable by Licensor\nwithout any obligation to any third party, necessary for the Production of the\nProducts by Licensee. Such information (hereinafter called 'Technical\nInformation') shall be as set forth in Exhibit B attached hereto and made a \npart of this Agreement.\n\n2.01B From time to time during the term of this Agreement, whenever a new\nProduct is selected pursuant to Article 1.02. hereof, Licensor will furnish\nLicensee with the technical information therefor, to the extent provided for in\nArticle 2.01A hereof and required in addition to what has been previously\nsupplied. Such technical information shall also be the Technical Information.\n\n2.01C From time to time during the term of this Agreement, whenever necessary\nin the reasonable judgment of Licensee, Licensor will furnish Licensee with\nadvice and information which is incidental or supplemental to the Technical\nInformation furnished pursuant to Articles 2.01A and 2.01B hereof and which may\nbe properly disclosed by Licensor.\n\n2.01D All Technical Information furnished hereunder shall be in the English\nlanguage, and the measurements and specifications used therein shall be in the\nmetric system.\n\n2.02 Technical Service:\n2.02A From time to time during the term of this Agreement, at the reasonable\nrequest of Licensee in writing, Licensor may permit officers and\/or employees of\nLicensee to visit Licensor's facilities at which it manufactures or assembles\nthe Products, for such periods of time as mutually agreed, to train such\npersonnel of Licensee in the process of manufacturing and assembling the\nProducts.\n\n2.02B From time to time during the term of this Agreement, at the reasonable\nrequest of Licensee in writing, Licensor may send one or more of its engineers\nand\/or technicians to Licensee's facilities at which it manufactures and\/or\nassembles the Products, for such periods of time as mutually agreed, to provide\nadvisory and instructive technical service to Licensee regarding the manufacture\nand\/or assembly of the Products hereunder.\n\n2.02C Details of the terms and conditions applicable to the technical services\nto be provided to Licensee as set forth in Articles 2.02A and 2.02B that are to\nbe rendered by Licensor's engineers or technicians visiting Licensee's factory\nas herein provided shall be confirmed in writing between both parties hereto to\nthe extent practicable prior to any such visit.\n\n\n                                     - 3 -\n\n\n\n2.02D From time to time during the term of this Agreement, at the reasonable\nrequest of Licensee, Licensor may inspect or test samples of the Products\nproduced by Licensee or the Components obtained by Licensee pursuant to the\nprovisions of Article 4.02 hereof, and Licensor may inform Licensee of the\nresults of such inspection or the test with any pertinent comments, if any, that\nLicensor may have to make. Such samples shall be given to Licensor free of\ncharge and at the sole expense of Licensee. Licensee shall also reimburse\nLicensor, in Japanese Yen, for the expenses of inspection or test of such\nsamples, the customs clearance charges, transportation expenses and all other\nsundry expenses involved after receipt by Licensee of Licensor's invoice\ntherefor.\n\n2.03A [*] costs and expenses for the technical information, advice and \nservices to be provided to Licensee as set forth in Articles 2.01 and 2.02 \nhereof (hereinafter called 'Technical Services'), including those for \ntechnical information, advice, technical service, accommodation, \ntransportation to and from Japan by air coach, meals and allowances, in \nrespect of Licensor's engineers and\/or technicians and Licensee's officers \nand\/or employees as the case may be, shall be paid, or if paid by Licensor, \nshall be reimbursed, by Licensee to Licensor in Japanese Yen by means of \ntelegraphic transfer within [*] after Licensor's presentation to Licensee of \nbills or invoices for any such costs or expenses.\n\n2.03B The schedule of the Technical Services at the initial stage and the\npayment therefor shall be set forth in Exhibit C.\n\n2.03C Anything to the contrary herein notwithstanding, all such personnel of\nLicensor shall be deemed at all times to be employees of Licensor, subject to\nLicensor's ultimate direction and control, and shall not be deemed to be\nemployees of Licensee.\n\n2.04 Governmental Approval:\nAny of the Technical Assistance (as defined in Article 3.01A hereof) herein\ncontemplated shall be made available to Licensee subject to a required approval\nby the competent authority of the Japanese Government under the Foreign\nExchange and Foreign Trade Law of Japan, and\/or the Japanese governmental\nadministration guidance if and to the extent from time to time so required. It\nis further agreed by the parties hereto that any addition or selection of Item\nor Product pursuant hereto and any renewal of this Agreement shall also be\nsubject to a required approval of the Japanese Government under the aforesaid\nlaw and\/or governmental guidance, if and to the extent then required.\n\nARTICLE 3. LICENSES\n\n                                     - 4 -\n\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\n3.01A During the term of this Agreement, Licensor hereby grants to Licensee a \n[*] license, with [*], to use the Technical Information and advice and \ninformation related thereto and the Technical Services and such other \ntechnical assistance as may be furnished by Licensor hereunder (all of which \nare hereinafter collectively called 'Technical Assistance') in order to \nmanufacture and\/or assemble the Products in P.R. China for sale, use, lease \nor other disposition of the same in P.R. China.\n\n3.01B To the extent any patent owned by Licensor is embodied within the \nTechnical Assistance and is applicable to manufacturing or selling the \nProducts, Licensor agrees and hereby grants to Licensee during the term \nhereof, a [*] license under such patent, with no right to sub-license, to the \nextent necessary to exercise the license granted under Article 3.01A.\n\n3.01C Notwithstanding Articles 3.01A and 3.01B, Licensee shall grant a \nsub-license of the license granted to it under Articles 3.01A and 3.01B to [*]\n(hereinafter called 'Sub-Licensee'), as long as the Sub-Licensee remains a \nSubsidiary of the Licensee and provided that Licensee obtains at its risk and \nresponsibility any permits and licenses necessary for such sub-license \nincluding, but not limited to, those by the governments of [*], that the \nLicensee shall have Sub-Licensee observe and comply with the terms and \nconditions hereof, and that Licensee shall be responsible for the performance \nof the Sub-Licensee. In the event there is a major change in the management \nor ownership of the Sub-Licensee, the Licensee shall inform the Licensor \nthereof without delay.\n\n3.01D In the event the Licensee or the Sub-Licensee invents, creates or \nperceives any improvement, enhancement, addition or other modification on the \nProducts and\/or Technical Assistance during the term of this Agreement, the \nLicensee and the Sub-Licensee hereby grants to Licensor and its Subsidiaries \na [*] license, with no right to sublicense, to use such improvement, \nenhancement and modification in order to manufacture\/assemble the Item for \nsale, use, lease or other disposition of the same.\n\n3.01E In the event any improvement, enhancement, addition or other modification\non the Products and\/or Technical Assistance is invented, created or perceived\njointly by (i) the Licensor and (ii) the Licensee and\/or Sub-Licensee during the\nterm of this Agreement, such improvement, enhancement, addition or other\nmodification shall be jointly owned by the Licensor (or its parent company,\nMatsushita Electric Industrial Co., Ltd.) and the Licensee. The application for\nprotection and its costs for such jointly owned improvement, enhancement,\naddition or other modification ('Joint Property') shall be discussed separately\nby the parties. Each party and its Affiliates may use such Joint Property for\nany purpose\n\n                                     - 5 -\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\n\nwithout the consent of the other party and without any compensation or\naccounting to the other party, provided that granting a license, sale, transfer\nor other disposition of the Joint Property to any third party (excluding\nrespective Affiliates) requires a prior written consent of the other party and\nthe income resulting from such license, sale, transfer or other disposition\nshall be shared equally between the parties hereto.\n\nARTICLE 4. PRODUCTION EQUIPMENT &amp; COMPONENTS\n\n4.01 Production Equipment:\nIn the event that Licensee purchases any of the Production Equipment excluding\nthe molds and dies from any third party, Licensee agrees that in order for\nLicensor to properly provide Technical Assistance to Licensee pursuant to this\nAgreement, Licensee shall purchase such Production Equipment only in accordance\nwith the specifications therefor that are given to Licensee by Licensor. Any\nsuch purchases shall be subject to the prior approval (which shall not be\nunreasonably withheld) by Licensor of the actual specifications, function or\nperformance of such Production Equipment that may be purchased. As for the molds\nand dies, the Licensor provides the specification of the Components to be\nmanufactured with such molds and dies, and the Licensee shall purchase the molds\nand dies at its sole discretion and responsibility.\n\n4.02 Components:\nIn the event Licensee purchases any Components from any third party, Licensee\nagrees that in order for Licensor to properly provide Technical Assistance to\nLicensee pursuant to this Agreement, any such Components that Licensee purchases\nfrom any third party shall meet and maintain the specifications and quality\nstandards set therefor by Licensor.\n\nARTICLE 5. REMUNERATION\n\n5.01 The parties hereto agrees to establish the [*] quantities as to the each \nof the Products which Licensee shall manufactures and sells in [*] during \neach annual term of this Agreement. Such [*] quantities shall be separately \nconfirmed in writing, which writing becomes a part of this Agreement.\n\n5.02 In consideration of the Technical Assistance to be provided by Licensor to\nLicensee and the Licenses granted to Licensee pursuant to this Agreement,\nLicensee agrees to pay to Licensor a technical assistance fee set forth in\nExhibit D.\n\n                                     - 6 -\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\n5.03 Licensee agrees to provide Licensor with written reports, in such a form \nas may be reasonably indicated and requested by Licensor, within [*] after \nthe end of each Calculation Period beginning with the Calculation Period \ncommencing on the Effective Date, setting forth the number of Products to be \ncalculated based on the Components kit of the Products shipped from Licensor \nduring the immediately preceding Calculation Period, and also showing \ncomputation of the technical assistance fee payable pursuant to the \nprovisions of this Article and compensation of the tax described in Article \n5.05 hereof. The report following expiration or termination of this Agreement \nshall include all of the Products shipped from Licensor prior to the \nexpiration or termination hereof and not previously reported to Licensor. \nWithin [*] after the end of each Calculation Period, Licensee shall pay to \nLicensor the technical assistance fee for the Products included in such \nreport in United States Dollars, by telegraphic transfer to Licensor's \naccount at such bank as shall be designated by Licensor. The conversion to \nUnited States Dollars from Chinese Yuan shall be made based on the TTB rate \nquoted by the Citibank in California, U.S.A. on the date of relative payment.\n\n5.04 Licensee agrees to keep records showing the total number of the Products\ncalculated based on the Components kit of the Products shipped from Licensor,\nand showing other related information in sufficient detail to enable the\ntechnical assistance fee payable hereunder by Licensee to be determined.\nLicensee further agrees, if Licensor so requests, to permit its books and\nrecords to be examined by Licensor from time to time during the term hereof and\nfor one (1) year after termination or expiration hereof and to take extracts\ntherefrom, to verify the technical assistance fee due and payable hereunder.\nSuch examination shall be made at the expense of Licensor by its duly authorized\nrepresentative(s) or agent(s) appointed by Licensor.\n\n5.05 The technical assistance fee payable to Licensor by Licensee hereunder is\nnet of the withholding tax or the tax at the source, and, if there is any such\ntax, the amount of the technical assistance fee is adjusted to compensate for\nsuch tax. Licensee shall promptly after payment of such tax furnish Licensor\nwith a copy or the pertinent receipt of such tax issued by the tax agency or\nproof of payment thereof.\n\n5.06 If, as of the expiration or termination of this Agreement, there are \nany: (1) Products then completed by Licensee but not yet sold or otherwise \ndisposed of; or (2) Products then in the process or manufacture or assembly; \nthe technical assistance fee shall be paid thereon, as set forth above, by \nLicensee to Licensor by telegraphic transfer for all of such products within \n[*] after such expiration or termination hereof. Licensee agrees to provide \nLicensor with written reports in respect of any Products provided for in this \nArticle 5.06 in like form and manner set forth in Article 5.03 hereof, within \n[*] after the expiration or termination hereof, setting forth the number of \neach such Product then completed or then in process as or the date of \nexpiration or termination hereof.\n\n                                     - 7 -\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\nARTICLE 6. MAINTENANCE OF QUALITY\n\n6.01A Licensee agrees that in order for Licensor to properly provide the\nTechnical Assistance to Licensee pursuant to this Agreement, Licensee shall\nstrictly comply, in the Production of the Products hereunder, with all\nspecifications and quality standards that are reasonably established by Licensor\nfor Production of the Products. Licensee agrees to submit to Licensor, as\nLicensor reasonably requests, Licensee's quality control and inspection data in\nsuch form as may be reasonably established by Licensor for its inspection.\nLicensee shall keep, during and for one (1) year after the term of this\nAgreement, copies of such quality control and inspection data so furnished to\nLicensor. Licensee agrees, upon reasonable request of Licensor, to send to\nLicensor samples of Products or the Components obtained by Licensee or its\nSub-Licensee in reasonable quantities. Licensor may give Licensee, as promptly\nas possible, such Technical Assistance and such pertinent advice and\/or\ninstructions in written form in English with respect to the Products and\/or\nComponents, as shall be necessary in the reasonable opinion of Licensor after\ninspecting and\/or testing such samples and\/or after reviewing the reports of\nquality control, inspection and\/or manufacturing data.\n\n6.01B If, at any time during the term of this Agreement, Licensee and Licensor\ndeem it necessary, Licensor may send to Licensee, Licensor's engineer(s) and\/or\ntechnician(s) for the purpose of checking and\/or inspecting the quality and\/or\nperformance of the Products and\/or Components manufactured or assembled by,\nand\/or the performance of the Production Equipment and\/or the quality of the\nComponents purchased by, Licensee or the Sub-Licensee, and in any such event,\nthe provisions of Article 2.03 hereof shall be applicable to such sending of\nLicensor's engineer(s) and\/or technician(s).\n\n6.01C Licensee further agrees to promptly furnish Licensor with information in\nconnection with complaints or claims, if any, from users with respect to the\nProducts, the nature of such complaints or claims in written or oral form.\nLicensor may give Licensee appropriate advice in connection with such complaints\nand claims after checking the information furnished by Licensee. The preceding\nprovision shall not be interpreted to oblige Licensor to be responsible for any\nsuch complaints or claims and\/or Licensor's advice.\n\n6.01D Licensee hereby agrees to inform Licensor forthwith in writing of any \ncurrent or future standards, legal or otherwise, applicable to the Products, \nif any, in [*]. Licensor agrees to provide Licensee with such information and \nassistance as may be reasonably required by Licensee in obtaining any \napprovals, ratings or listings for the Products.\n\n                                     - 8 -\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\n\n6.02 Manufacture and assembly of the Products and the sale or other disposition\nthereof by Licensee or the Sub-Licensee, as well as any guarantee thereon to\nLicensee's customers of the Products including, without limitation,\nresponsibility for product liability, obtaining approval for the Products\npursuant to any standard, legal or otherwise, applicable to the Products, shall\nbe at Licensee's sole cost and expense and at Licensee's sole risk and\nresponsibility, and Licensor shall not be responsible therefor to Licensee, the\nSub-Licensee or any third party. Licensee shall indemnify Licensor for and hold\nLicensor harmless from any losses, liabilities, damages, claims, actions, suits,\nproceedings, costs and expenses (including fees and expenses of counsel) arising\nout of or in connection with the use by Licensee of any Technical Assistance,\nProduction Equipment, Components, Technical Information, advice or service\nfurnished by Licensor hereunder and the manufacture or assembly and sale or\nother disposition of the Products or Components hereunder, including, without\nlimitation, claims for product liability (excepting those claims relating to\ndefects in design of the Products) and obtaining approval for the Products\npursuant to any standards, legal or otherwise, applicable to the Products or for\ninfringement of any patents, trademarks or other proprietary rights or any third\nparty.\n\n6.03 The sole obligation of Licensor with respect to the Technical Assistance,\nadvice or service to be provided to Licensee under this Agreement shall be to\nfurnish the same to Licensee as provided for in this Agreement. Licensor shall\nhave no responsibility for the ability of Licensee or the Sub-Licensee to use\nsuch Technical Assistance, Technical Information, advice or service or for the\nProducts manufactured or assembled by Licensee or the Sub-Licensee thereunder.\n\nARTICLE 7. TRADEMARK\n\n7.01 Licensee shall affix Licensee's brand name and\/or its trade name designated\nby Licensee on the Products. Licensee shall not use any trademark, model numbers\nor tradename used by the Licensor or any mark which shall be, in the Licensor's\nopinion, similar to or shall resemble such Licensor's trademarks, model numbers\nor tradename, on the Products or with respect to the sale, use, lease or other\ndisposition thereof (including relevant printings and advertising materials).\n\nARTICLE 8. GENERAL PROVISIONS\n\n8.01 Secrecy and Unauthorized Use of Technical Information:\n8.01A Except as specifically set forth in Article 8.01 hereof or otherwise\napproved by Licensor in a separate writing, Licensee agrees to treat and keep\nsecret and confidential and not to disclose, except as herein provided pursuant\nto Article 8.01B below, to any person, Licensor's technical know-how which may\nbe disclosed by Licensor's engineers or technicians and\/or acquired by\nLicensee's officers or\n\n                                     - 9 -\n\n\n\nemployees and agents, as well as all Technical Information, advice and service\nfurnished or disclosed by Licensor to Licensee hereunder, except to the extent\nLicensee may be required to disclose the same to obtain any approvals for the\nProducts as provided for in Article 6 above or as may otherwise be required by\nlaw. Licensee further shall not use any Technical Information, advice or service\nfurnished hereunder for any purpose other than that of this Agreement and shall\nnot file or cause to be filed application for any patent or similar right in any\ncountries based on or with respect to the Technical Information, advice or\nservice furnished hereunder.\n\n8.01B In the event Licensee shall disclose any of the Technical Information to\nthe Sub-Licensee, except as provided in Article 8.01A hereof, Licensee shall\nobtain from the Sub-Licensee a confidential information agreement or arrangement\nas shall be mutually satisfactory to Licensor and Licensee.\n\n8.01C Licensee shall take all necessary actions to comply and to compel\ncompliance with the provisions of Article 8.01A hereof and with the provisions\nof any confidential information agreement or arrangement entered into pursuant\nto the provisions of Article 8.01B hereof.\n\n8.01D The provisions of Article 8.01 hereof shall survive the expiration or\ntermination of this Agreement, unless and until any Technical Information and\nadvice or service furnished in connection therewith, as referred to in Article\n8.01A above, shall have become part of the public domain or until two (2) years\nafter the expiration or termination of this Agreement.\n\n8.02 No Warranty:\n\n8.02A Nothing herein contained shall be construed as the making or giving by\nLicensor of any warranty or representation that any Products manufactured or\nassembled by Licensee or the Sub-Licensee hereunder or that any process or\nmethod for manufacturing or assembling the Products by Licensee or the\nSub-Licensee or that any Components or Production Equipment purchased by\nLicensee or the Sub-Licensee according to the specifications supplied from\nLicensor shall not infringe upon any proprietary property rights, including but\nnot limited to, patent rights and trademark rights owned or otherwise controlled\nby a third party. Any license or permission, if any, that is required by\nLicensee or the Sub-Licensee from any third party, to manufacture or assemble \nor sell or otherwise dispose of the Products hereunder, shall be acquired by\nLicensee at its own cost and risk. Notwithstanding the foregoing, Licensor\nrepresents that it is not presently aware that any of the Technical Information\ninfringes upon any intellectual property rights owned or otherwise controlled by\nany third party, and that no claim of such infringement has been asserted\nagainst Licensor as of the date of this Agreement.\n\n                                     - 10 -\n\n\n\n8.02B During and after the term hereof, nothing herein contained shall be \nconstrued as the making or giving by Licensor of any warranty or \nrepresentation that any Products meet the current or future standards, legal \nor otherwise, applicable to the Products, if any, in the [*] or any country \nof the world.\n\n8.03 Force Majeure:\nNeither party shall be liable for delay or failure in performance arising from\nany of the following: (a) acts of God, or public enemy, or war (declared or\nundeclared); (b) acts of governmental or quasi-governmental authorities or any\npolitical subdivision thereof, or of any department or agency thereof, or\nregulations or restrictions imposed by law or by court action; (c) acts of\npersons engaged in subversive activities or sabotage; (d) fires, floods,\nexplosions, or other catastrophes; (e) epidemics or quarantine restrictions; (f)\nstrikes, slowdowns, lockouts, or labor stoppages, or disputes of any kind; (g)\nfreight embargoes or interruption of transportation; (h) any other causes,\nsimilar or dissimilar, beyond the control of the affected party, and the time\nfor performance by such party shall be extended by a period of any such delay.\n\n8.04 Breach or Default and Waiver:\nEither party hereto has the right to terminate this Agreement by giving a\nwritten notice to the other party to that effect in the event such other party\nshall have been in a material breach and\/or default of this Agreement and such\nmaterial breach and\/or default shall not have been corrected within sixty (60)\ndays after receipt of notice specifying the nature of such breach and\/or\ndefault. The termination of this Agreement shall be without any prejudice to the\nrights which such terminating party may have under this Agreement. No failure or\ndelay on the part of any party to exercise its right of termination of this\nAgreement for any one or more breaches and\/or defaults shall be construed to\nprejudice its rights of termination for any other or subsequent breaches and\/or\ndefaults.\n\n8.05 Disputes:\nAny disagreement in connection herewith shall be finally settle by arbitration.\nIf Licensor initiates the arbitration, the arbitration shall be held in San\nFrancisco, California, the U.S.A. in accordance with the arbitration rules of\nAmerican Arbitration Association. If Licensee initiates the arbitration, the\narbitration shall be held in Tokyo, Japan in accordance with the arbitration\nrules of Japan Commercial Arbitration Association.\n\n8.06 Applicable Law:\nThis Agreement shall be interpreted and governed in accordance with the laws of\nJapan, without reference to its conflicts of laws principles.\n\n\n                                     - 11 -\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\n8.07 Assignment:\nNeither this Agreement or any rights and obligations hereunder shall be\nassignable or otherwise transferable by either party, voluntarily or by\noperation or law or otherwise, without the prior written consent of the other\nparty hereto, and any assignment or transfer without such consent of the other\nparty shall be null and void; provided, however, that all of the terms of this\nAgreement shall inure to the benefit of and shall be binding upon each of the\nparties hereto and their respective successors and assigns as may be expressly\nconsented to in writing by the other party.\n\n8.08 Entire Agreement and Amendment.\nThis Agreement and the exhibits thereto, contains the entire and only agreement\nbetween the parties hereto with respect to the subject matter herein contained\nand, with the foregoing exceptions, this Agreement supersedes and cancels all\nprevious agreements, negotiations, commitments and writings with respect to the\nsubject matter hereof. This Agreement may not be amended, modified, superseded\nor canceled, nor may any of the terms, provisions or conditions hereof be\nwaived, except by a written instrument duly executed by an authorized officer of\neach of the parties hereto. No waiver by either party of any condition of this\nAgreement, in any one instance, shall be deemed to be or construed as a further\nor continuing waiver or any such condition.\n\n8.09 Obligations After Expiration or Termination:\nExcept as to Products completed and\/or in process as referred to in Article 5.05\nhereof, upon and after the expiration or termination of this Agreement, Licensee\nshall not engage, nor contract with third parties to engage, in the manufacture\nor assembly or sale or other disposition of the Products, and Licensee shall,\nupon and after the expiration or termination of this Agreement, neither use nor\ncontract with third parties to use any Technical Information or technical\nknow-how embodied in the Technical Information, advice, service or other\ntechnical assistance furnished by Licensor hereunder, and Licensee shall return\nto Licensor without charge, within fourteen (14) days after notice to that\neffect sent by Licensor to Licensee, all or such Technical Information\ntheretofore delivered or furnished by Licensor hereunder in written form\nrelating to the Products and the manufacture and assembly thereof, including all\ncopies or reproductions thereof.\n\n8.10 Article Headings:\nThe article headings contained in this Agreement are for the convenience of\nreference only and do not form a part of this Agreement, and shall not in any\nway affect the interpretation of this Agreement.\n\n8.11 Notice:\n\n\n                                     - 12 -\n\n\n\nFor the purpose of this Agreement, any notice hereunder shall be sufficiently\ngiven if:\n\n8.11A Delivered personally, in which case it shall be deemed to have been\nreceived at the time of delivery; or\n\n8.11B Sent by prepaid registered or certified air mail, addressed as follows:\n\n        To Licensee at:\n\n        UTStarcom Inc.\n        1275 Harbor Bay Parkway, Suit 100, Alameda, California 94502, the U.S.A.\n        Attention: Russell L. Boltwood\n\n        To Licensor at:\n\n        Matsushita Communication Industrial Co., Ltd.\n        Communication Systems Division\n        4-3-1, Tsunashima-higashi, Kohoku-ku, Yokohama 223-8639, Japan\n        Attention: General Manager,\n        International Business Department\n\nor to such other addresses as may hereafter be furnished in writing by either\nparty hereto to the other, and such mail shall be deemed conclusively to have\nbeen received on the tenth (10th) business day of the recipient following the\ndate on which it is so mailed.\n\n8.12 Scope of Technical Assistance and Licenses:\nThe Technical Assistance to be provided and licenses granted pursuant to this\nAgreement are solely for manufacturing, assembling and selling the Products and\nnot for manufacturing, assembling and selling any individual Components or\nProduction Equipment.\n\n8.13 Change of Specifications:\n8.13A Licensee, when it or the Sub-Licensee desires to make any change(s) in the\nspecifications or to the physical appearance of the Products, shall notify\nLicensor of any such change in writing and shall obtain the prior written\nconsent of Licensor. Such changed Products shall be also deemed to be Products\nfor the purpose of this Agreement.\n\n8.13B Upon written notice to Licensee, Licensor may from time to time alter the\nspecifications of any Products (including but not limited to change and\nsubstitution of materials and Components) in any manner which, in the judgment\nof Licensor, does not degrade the performance or quality of the Products,\nwithout incurring any liability to Licensee.\n\n\n                                     - 13 -\n\n\n\nARTICLE 9. TERM &amp; TERMINATION\n\n9.01 This Agreement shall be effective for the period of three (3) years\ncommencing on the Effective Date unless earlier terminated pursuant to the\nprovisions of this Agreement, and after expiration of the original term, this\nAgreement may be renewed by the mutual written consent of the parties hereto\nunder the terms and conditions to be then mutually agreed upon and subject to\nthe approval of the Japanese Government, if then required.\n\n9.02 If at any time during the term of this Agreement, Licensee makes any\nunauthorized use of any Technical Information, advice or service furnished by\nLicensor to Licensee, Licensor shall have the right to terminate this Agreement\nupon notice without prejudice to any rights which Licensor may have under or in\nconnection with this Agreement.\n\n9.03 Should Licensee at any time default in making payment of any technical\nassistance fee or in providing any report as herein provided for and fail to\nremedy such default within sixty (60) days after written notice to that effect\ngiven by Licensor, Licensor may, at its option, terminate this Agreement by\ngiving notice in writing to Licensee. No failure or delay on the part of\nLicensor to exercise its right of termination of this Agreement for any one or\nmore defaults of Licensee in the payment of any technical assistance fee or in\nproviding any report pursuant hereto shall be construed to prejudice Licensor's\nrights of termination hereof for any other or subsequent default.\n\n9.04 Licensor may terminate this Agreement immediately by giving a written \nnotice to Licensee upon any of the following events: \n\n(a) any arrangement with direction or any application for bankruptcy, \nreceivership, winding-up or other similar proceeding against Licensee and\/or \nSub-Licensee shall be made by Licensee, Sub-Licensee or any other person; \n\n(b) all of or, in the opinion of Licensor, substantial part of the assets of \nLicensee and\/or Sub-Licensee shall be seized or attached in conjunction with \nany action against Licensee and\/or Sub-Licensee by any third party.; \n\n(c) a sale of all of or in the opinion of Licensor, substantially all of the \nassets of Licensee and\/or Sub-Licensee is made, or this Agreement is assigned \nby Licensee without the prior written consent of Licensor; \n\n(d) there occurs any such change in the capital ownership and\/or management \ncontrol of Licensee and\/or Sub-Licensee as, in the opinion of Licensor, may \nadversely affect the performance of this Agreement and\/or the benefits or \nrights of Licensor in this Agreement;\n\n                                     - 14 -\n\n\n\n(e) there occurs any difficulties, in Licensor's opinion, to perform the\nobligation under this Agreement due to any of significant changes of the\npolitical, economic or taxation policy by the governmental or quasi-governmental\norganization or agencies in the USA or P.R. China; \n\n(f) an agreement concerning the supply of the Components of the Products is, \nin any reason, terminated.; \n\n(g) Licensor judges that the quality of the Products assembled by Licensee or \nSub-Licensee hereunder is found to be insufficient and such insufficiency \nseems not to be corrected within a reasonable period of time; \n\n(h) an import license of the Components and\/or Production Equipment into the \nUSA and\/or an import license of the Components and\/or Production Equipment \nfrom Licensee to Sub-Licensee is not obtained from the competent authority of \nthe government of the USA or P.R.China, (to the extent that such license is \nrequired by law), within one hundred and eighty (180) days from the \nEffective Date hereof; or \n\n(i) the sub-licensing arrangement between Licensee and Sub-Licensee is not \ncompleted or is terminated\n\n9.05 Expiration or termination of this Agreement for any reason whatsoever shall\nnot affect the rights of Licensor or Licensee which shall have been accrued\nhereunder.\n\nARTICLE 10.\n\n10.01 No Joint Venture:\nThis Agreement is not a joint venture or a partnership, and nothing herein shall\nbe deemed, construed or in any way interpreted to constitute the parties as\njoint venturers or as partners.\n\n10.02 Export Control:\nA. In connection with the performance of this Agreement and the transactions\ncontemplated hereunder, Licensor and Licensee each hereby agree to fully comply\nwith all applicable provisions of the export control laws and regulations of\nJapan and the United States.\n\nB. Licensee agrees to treat all data communicated to it by Licensor as \nrequired by the appropriate export control laws of [*]. If such data are \nsubject to the export control laws of [*], Licensor shall so notify Licensee \ntogether with the applicable Classification Numbers. Should Licensee transmit \nany non-public technical data to Licensor in the course of the performance of \nthis Agreement, Licensor shall comply with applicable U.S. regulations \ngoverning the use and communication of such technical data. If such data are \nsubject to the export control regulations of the United States, Licensee \nshall also notify Licensor together with the applicable Classification Number.\n\n                                     - 15 -\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\nC. Licensee agrees that it shall not export the Products manufactured hereunder\nto any country to which export is restricted by the Export Administration\nRegulations without the required approval of the United Slates Government to the\nextent required.\n\nD. Licensee shall not knowingly sell, lease or otherwise dispose of either any\ndata transmitted hereunder, or the Products, directly or indirectly, to any\ncustomer who makes use of, or is likely to or intends to make use of, the same\nfor 'Military Purposes'. For the purpose of this section, 'Military Purposes'\nmeans the design, development, manufacture or use of any weapon, including\nwithout limitation nuclear weapon, biological weapon, chemical weapon and\nmissiles, other than the design, development, manufacture or use of the same by\nor on behalf of the Government of Japan, the Government of the United States or\nany other country which was a member of COCOM as of March 1, 1994.\n\nE. The provisions of this Article 10.02 shall survive the expiration or earlier\ntermination of the Agreement, and shall continue in full force and effect as\nlong as any data communicated hereunder is subject to export controls.\n\nF. In order to assure the observance and\/or implementation by Licensee of the\nforegoing provisions, Licensee shall submit necessary documents (including\nwithout limitation, sales contract, sales notes and invoices) in accordance with\nrequest of Licensor.\n\nG. In the event that Licensee violates the provisions of this Article 10.02,\nLicensee shall bear responsibility for any and all damages incurred by Licensor\nbecause of such violation, and further, notwithstanding the provisions of\nArticle 8.04 hereof, Licensor shall have the right to terminate this Agreement\nforthwith by giving a written notice to Licensee, without any prejudice to the\nrights and remedies which Licensor may have under this Agreement.\n\nH. In the course of operation under this Agreement, Licensor may wish to obtain\nfrom Licensee, technical data, whether by direct communication between Licensee\nand Licensor, or by communication between Licensee and employees of Licensor who\nare not U.S. citizens, but who are assigned to Licensee by Licensor. To the\nextent that any such technical data is subject to U.S. export controls and may\nnot be exported except with prior receipt of a Letter of Assurances, this\nAgreement is intended to serve as such Assurances. Licensor assures that it will\nnot re-export, re-transfer or otherwise release any such data or the direct\nproduct thereof except in conformity with the then applicable U.S. export\ncontrol laws and regulations. As used in this Article 10.02, the terms\n'technical data' and 'direct product' shall have the meaning specified in the\nU.S. Export Control Regulations. The obligations contained in this Article 10.02\nshall survive the expiration or earlier termination of this Agreement.\n\n\n                                     - 16 -\n\n\n\nArticle 11. SEVERABILITY\n\n11.01 If any provision(s) of this Agreement shall contravene the laws of Japan\nand\/or the U.S.A., it is agreed that the invalidity or illegality of such\nprovision(s) shall not invalidate the whole of this Agreement but this Agreement\nshall be construed as if it did not contain the provision(s) claimed or held to\nbe invalid or illegal in the particular jurisdiction concerned insofar as such\nconstruction does not effect the substance of this Agreement, and the rights and\nobligations of the parties hereto shall be construed and enforced accordingly.\nIn the event, however, that such claim of invalidity or illegality shall\nsubstantially and adversely effect the interest of either party hereto, the\nparties hereto shall negotiate a mutually acceptable provision(s) not\nconflicting with such laws, and, if the parties hereto cannot agree upon a\nsubstitute provision(s) within a reasonable period, Licensor or Licensee may\nterminate this Agreement forthwith.\n\nIN WITNESS WHEREOF, the parties hereto have caused this Agreement in two (2)\noriginal counterpart instruments, to be executed and delivered in English, as of\nthe date written below, by their duly authorized officers.\n\nMatsushita Communication Industrial          UTStarcom Inc.\nCo., Ltd., Communication Systems Division\n\nBy:        \/s\/ Y. Katsura                    By:        \/s\/ Hong Liang Lu       \n    --------------------------------------       -------------------------------\nName:      Yasuo Katsura                     Name:      Hong Liang Lu           \n      ------------------------------------         -----------------------------\nTitle:     Director, Member of the Board     Title:     President &amp; CEO         \n       -----------------------------------          ----------------------------\nDate:      October 1, 1999                   Date:      October 1, 1999         \n      ------------------------------------         -----------------------------\n\n\n                                     - 17 -\n\n\n\nEXHIBIT A\n                                LIST OF PRODUCTS\n\n1) Radio Port Controller\n   EC-H11940A\n\n2) Radio Port\n   EA-7H75B\n   EA-7H74B\n\n\n                                     - 18 -\n\n\n\n\nEXHIBIT B  (1\/2)\n\n                          LIST OF TECHNICAL INFORMATION\n\n(1) Design related materials\n      Technical Specifications\n      Hardware\n      Function\n      Design Standard\n      Design Review\n      Reliability, Safety, Design Standard\n      Design Drawing\n      Schematics\n      Paris Drawing\n      Assembling Drawing\n      PCB Diagram\n      PCB Layout Diagram\n      Component List\n      Component Specifications\n      Adjustment Specification\n      Inspection Test Specification\n      software Specification\n      Programming data for Equipment Operating\n      Test Planning\n      Test Procedure\n      Test Report\n      Test Program\n      Chip mount CAD Data\n      Schematic CAD Data\n      Mechanical component CAD Data\n      PCB CAD Data\n      Quality Report\n\n(2) Production Related materials\n      Manufacturing Process Flow-chart\n      Management Process Diagram\n      QC Process Diagram\n      Asembling Instruction Specifications\n      Manufacturing Equipment Specifications and its List\n\n(3) Quality Control &amp; Assurance Related materials\n      Acceptance Inspection Standard\n      Process Inspection Standard\n      Shipment Inspection Standard\n      Acceptance Inspection Instruction\n      Shipment Inspection Instruction\n      Process Inspection Instruction\n      Service Manual\n\n(4) Operating Instruction\n      Instruction Manual\n      Installation Manual\n      Parameter Setting Manual\n      Programming Manual\n\n                                 - 19 -\n\n\n\nEXHIBIT B  (2\/2)\n\n\n                                 - 20 -\n\n\n\n    Exhibit C (1\/3)\n\n       SCHEDULE OF TECHNICAL SERVICES AT THE INITIAL STAGE AND THE PAYMENT\n\n\n\n\n                                  [*]\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS\n\n\n                                 - 21 -\n\n\n\nExhibit C (2\/3)\n                   TECHNICAL SERVICE COSTS AND EXPENSES (RPC)\n\nUNIT: [*]\n\n\n---------------------------------------------------------- ---------------- ------------------ --------------\n                          ITEM                                  PLACE           MAN-MONTH         AMOUNT\n---------------------------------------------------------- ---------------- ------------------ --------------\n                                                                                           \n        1  Technical Information\n           1) Parts Drawings (Electric, Mechanical)             Japan              [*]              [*]\n           2) Factory Line Flow-chart (Factory)                 Japan              [*]              [*]\n           3) QA &amp; Inspection Manual (QA)                       Japan              [*]              [*]\n           4) Assembling Instruction Manual (Factory)           Japan              [*]              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n           Sub-Total 1                                                             [*]              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n        2  Technical Services\n           1) Training at UTS (Factory)                         China              [*]              [*]\n                              (QA)                              China              [*]              [*]\n                              (Electric)                        China              [*]              [*]\n                              (Mechanical)                      China              [*]              [*]\n\n           2) Evaluation on UTS made sample (QA)                Japan              [*]              [*]\n                              (Electric)                        Japan              [*]              [*]\n                              (Mechanical)                      Japan              [*]              [*]\n\n           3) Business Trip Expense (factory)                   China              [*]              [*]\n                              (QA)                              China              [*]              [*]\n                              (Electric)                        China              [*]              [*]\n                              (Mechanical)                      China              [*]              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n           Sub-Total 2                                                                              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n           Total                                                                                    [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n\n---------------------------------------------------------- ----------------\n         Calculation basis                                      Unit\n---------------------------------------------------------- ----------------\n                                                        \n1-man\/day (1-man\/month = 20 days, 4 Wk =1 month)                       [*]\n---------------------------------------------------------- ----------------\nAir ticket &amp; Other transportation fee\/time                             [*]\n---------------------------------------------------------- ----------------\nHotel Accomodation\/day                                                 [*]\n---------------------------------------------------------- ----------------\nMeal &amp; Trip expense\/day                                                [*]\n---------------------------------------------------------- ----------------\n\n\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS\n\n\n                                 - 22 -\n\n\n\n\nExhibit C (3\/3)\n                    TECHNICAL SERVICE COSTS AND EXPENSES (RP)\n\nUNIT: [*]\n\n\n---------------------------------------------------------- ---------------- ------------------ --------------\n                          ITEM                                  PLACE           MAN-MONTH         AMOUNT\n---------------------------------------------------------- ---------------- ------------------ --------------\n                                                                                        \n        1  Technical Information\n           1) Parts Drawings (Electric, Mechanical)             Japan              [*]              [*]\n           2) Factory Line Flow-chart (Factory)                 Japan              [*]              [*]\n           3) QA &amp; Inspection Manual (QA)                       Japan              [*]              [*]\n           4) Assembling Instruction Manual (Factory)           Japan              [*]              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n           Sub-Total 1                                                             [*]              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n        2  Technical Services\n           1) Training at UTS (Factory)                         China              [*]              [*]\n                              (QA)                              China              [*]              [*]\n                              (Electric)                        China              [*]              [*]\n                              (Mechanical)                      China              [*]              [*]\n\n           2) Evaluation on UTS made sample (QA)                Japan              [*]              [*]\n                              (Electric)                        Japan              [*]              [*]\n                              (Mechanical)                      Japan              [*]              [*]\n\n           3) Business Trip Expense (factory)                   China              [*]              [*]\n                              (QA)                              China              [*]              [*]\n                              (Electric)                        China              [*]              [*]\n                              (Mechanical)                      China              [*]              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n           Sub-Total 2                                                                              [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n           Total                                                                                    [*]\n---------- ----------------------------------------------- ---------------- ------------------ --------------\n\n---------------------------------------------------------- ----------------\n         Calculation basis                                      Unit\n---------------------------------------------------------- ----------------\n                                                          \n1-man\/day (1-man\/month = 20 days, 4 Wk =1 month)                       [*]\n---------------------------------------------------------- ----------------\nAir ticket &amp; Other transportation fee\/time                             [*]\n---------------------------------------------------------- ----------------\nHotel Accomodation\/day                                                 [*]\n---------------------------------------------------------- ----------------\nMeal &amp; Trip expense\/day                                                [*]\n---------------------------------------------------------- ----------------\n\n\n\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS\n\n\n                                 - 23 -\n\n\n\nEXHIBIT D\n                            TECHNICAL ASSISTANCE FEE\n\n1.   The technical assistance fee for each unit of the Products shall be\n     calculated [*] in accordance with the following formula ('Formula'); \n     [*]\n\n2.   For the first year, the technical assistance fee calculated in accordance\n     with the Formula shall be as follows;\n\n     Radio Port Controller (EC-H11940A)\n     [*]\n     Radio Port (EA-7H75B)\n     [*]\n     Radio Port (EA-7H74B)\n     [*]\n\n3.   For the following year, the same FOB price of the finished Product is used\n     for the purpose of the Formula provided that, if the FOB price of the\n     Components kit of the Product is adjusted, the FOB price of the finished\n     Product is also adjusted by the same percentage.\n\n\n\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY\nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS\n\n\n                                 - 24 -\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9205],"corporate_contracts_industries":[9516],"corporate_contracts_types":[9613,9619],"class_list":["post-42888","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","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\/42888","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=42888"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42888"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42888"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42888"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}