Exhibit 10.2
ADDENDUM TO
THE
INVENTORY MANAGEMENT AND
PRODUCT PURCHASE AGREEMENT
(PRICE LIST
REVISIONS)
This Addendum, dated March 30,
2009 (the “Effective Date”), is being made to the
Inventory Management and Product Purchase Agreement dated
May 17, 2002 (VMware Contract #1322) (the
“Agreement”) by and between Ingram Micro Inc.
(“Ingram”) and VMware, Inc.
(“VMware”).
This Addendum shall become part of
and subject to the terms and conditions of the Agreement which,
except as modified herein, remains unchanged and in full force and
effect. In the event of any conflict between the terms of this
Addendum and the Agreement, the terms of this Addendum shall
govern. All terms not otherwise defined herein shall have the
meaning ascribed to them in the Agreement.
WHEREAS, the parties agree to amend
the Agreement by a mutual written agreement as noted
herein;
NOW, THEREFORE, in consideration of
the foregoing recitals, and for good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged,
intending to be legally bound hereby, the undersigned parties agree
as follows:
PRICE LIST REVISIONS.
The parties hereby remove and
replace in its entirety Section 6.4 of the Distribution
Agreement, which is incorporated by reference into the Agreement
with the following language. Attachment II and all references
thereto are deleted.
|
|
6.4
|
Ingram’s
purchase price of each Product shall be stated in the then-current
price list provided by VMware. VMware may revise the price list
upon thirty (30) days prior written notice to Ingram. Any
revision will apply to orders accepted by VMware upon thirty
(30) days after the Effective Date of
|
