EXHIBIT 10.36
CONFIDENTIAL TREATMENT
REQUESTED: Certain
portions of this document have been omitted pursuant to a request
for confidential treatment and, where applicable, have been marked
with an asterisk to denote where omissions have been made. The
confidential material has been filed separately with the
Commission.
SECOND EXTENSION OF LEXAR /
UMC FOUNDRY CAPACITY AGREEMENT
This Extension of Lexar / UMC
Foundry Capacity Agreement (“Extension”) is entered
into as of January 1, 2006 (“the Effective Date”)
by and between Lexar Media, Inc. (“Lexar” or
“Buyer”) incorporated in Delaware, with offices at
47421 Bayside Parkway, Fremont, California 94538; and UMC Group
(USA) (“UMC” or “Seller”), with offices at
488 DeGuigne Drive, Sunnyvale, CA 94085.
WHEREAS the parties previously entered a Foundry
Capacity Agreement with an effective date of August 12, 2003
(the “Agreement”) which was to remain in effect until
December 31, 2004, and previously extended that agreement to
December 31, 2005 by entering the SECOND EXTENSION OF LEXAR /
UMC FOUNDRY CAPACITY AGREEMENT, with an effective date of
December 28, 2004;
WHEREAS the Agreement stated by its terms that
the parties could by mutual written agreement extend the term of
the Agreement for successive one year periods; and
WHEREAS the parties to the Agreement now desire
to extend the Agreement for the second such one year
period;
THEREFORE, the parties agree:
1.
Pursuant to section 5.1 of the
Agreement, the Agreement is extended for a one year period to
terminate, unless further extended, on December 31,
2006.
2.
The materials attached hereto as
Exhibits A and B shall be appended to, and considered to be a part
of, Exhibits A and B, respectively, of the Agreement.
3.
This Extension shall in all respects
be interpreted, enforced and governed by and under the laws of the
State of California, without regard to its conflict of laws
rules. The language of this Extension shall be construed as a
whole according to its fair meaning, and not strictly for or
agains
