FOURTH AMENDMENT OF DOMESTIC DISTRIBUTOR AGREEMENTDistribution Agreement |
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Exhibit 10.2
FOURTH AMENDMENT
OF
DOMESTIC DISTRIBUTOR AGREEMENT
THIS FOURTH AMENDMENT of the Domestic Distributor Agreement dated December 1, 2001 (herein the “Fourth Amendment”), is made as of October 29, 2007 by and between EXAR Corporation , a corporation incorporated under the laws of the State of Delaware, having its principal office at 48720 Kato Road, Fremont, California 94538 (herein the “Company”), and NuHorizons, Inc. , a Delaware corporation, having its principal office at 70 Maxess Road, Melville, New York 11747 (herein the “Distributor”). This Fourth Amendment is pursuant to Section 20.7 of that certain Domestic Distributor Agreement dated December 1, 2001 (herein the “Agreement”), which permits the parties to modify its terms by a written document signed by both parties.
IN CONSIDERATION of the mutual promises exchanged, the parties agree as follows:
| 1. | G ENERAL |
Except as otherwise provided in this Fourth Amendment, the contractual relationship of the parties will continue to be governed by the terms and conditions of the Agreement. This Fourth Amendment shall not be construed as a modification of any provision of the Agreement unless such provision, or portion thereof, is expressly modified herein.
| 2. | A PPOINTMENT A ND A CCEPTANCE |
2.1 The Term “Products” (as defined in Section 1 and referred to in Section 2) shall be
