EXHIBIT 10.34
SECOND AMENDMENT TO DEVELOPMENT, PURCHASE AND
LICENSE AGREEMENT
This SECOND AMENDMENT
TO DEVELOPMENT, PURCHASE AND LICENSE AGREEMENT (“Second
Amendment Agreement”) is entered into on the 13th day of
January, 2005.
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BETWEEN:
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FUNAI ELECTRIC CO.,
LTD. , a corporation duly organized and existing under
the laws of Japan and having
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its offices
at 7-1, 7-Chome, Nakagaito, Daito, Osaka 574-0013, Japan.
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(“FUNAI”)
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AND:
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INFOCUS CORPORATION
, a corporation duly organized and existing under the laws of the
State of Oregon, and having its principal place of business at
27700B SW Parkway Avenue, Wilsonville, Oregon 97070, USA.
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(“INFOCUS”)
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RECITALS:
(A)
FUNAI and INFOCUS entered into a Development, Purchase and License
Agreement dated September 13, 2002 (the “Original
Agreement”), as amended by an Amendment Agreement between the
parties dated November 22, 2002;
(B)
Under Article 28.12 of the Original Agreement, any amendment
to the Original Agreement is to be in writing and signed by an
authorized representative of FUNAI and INFOCUS; and
(C)
FUNAI and INFOCUS wish to amend the payment and delivery terms
under the Original Agreement, and have agreed to do so on the terms
and conditions set out in this Second Amendment Agreement.
IT IS
AGREED:
1.
Amendment of Article 13.2
of Original Agreement
Article 13.2 of
the Original Agreement shall be deleted and replaced with the
following:
“ Payment – Standby Letter of
Credit . Subject to
INFOCUS’ inspection and acceptance of Product, payment shall
be 65 days from delivery at destination INFOCUS Logistics
Center
