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.
|
BETWEEN:
|
|
FUNAI ELECTRIC CO., LTD. , a corporation duly organized and existing
under the laws of Japan and having
|
|
|
|
its offices at 7-1, 7-Chome, Nakagaito, Daito,
Osaka 574-0013, Japan.
|
|
|
(“FUNAI”)
|
|
|
|
|
|
AND:
|
|
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.
|
|
(“INFOCUS”)
|
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
