AMENDMENT TO
INTELLECTUAL PROPERTY LICENSE AGREEMENT
THIS AMENDMENT (the
“Amendment”) to the Intellectual Property License
Agreement (the “License Agreement”) dated November 19
th , 2008 by and between Lassen Energy, Inc., a
California corporation (“ Lassen ”); DBK
Corporation, a Nevada corporation (“ DBK Corp
”); Darry Boyd, an individual and resident of California
(“ Boyd ”) (DBK Corp. and Boyd are collectively
referred to herein as (“ DBK ”); and NATCO
International Inc., a Delaware corporation (“ NATCO
”) (collectively referred to as the “ Parties
”), is entered into this 25 th day of November
2008, by and among Lassen, DBK Corp., Boyd and NACTO (collectively
referred to as the “ Parties ”)
.
RECITALS
WHEREAS the Parties
entered into the License Agreement on November 21, 2008;
and
WHEREAS, the Parties
wish to amend Article II of the License Agreement to correct a
typographical error with the numbering of the sections in Article
II.
NOW, THEREFORE, in
consideration of the mutual promises herein contained, the parties,
intending to be legally bound, agree as follows:
AGREEMENT
1.
Amendment of
License Agreement . Article II of the License
Agreement is hereby amended in its entirety as
follows:
“2.1
License For
Manufacture, Assembly and Distribution of Lassen Solar
Panels .
Lassen hereby grants, bargains, assigns, licenses and conveys to
the NATCO a performance based irrevocable exclusive license to
utilize all of the intellectual property, including, but not
limited to, the Assigned Patents, the Legacy Portion, and the DBK
Licensed Property (collectively referred to as the “
Lassen Licensed Property ”) related to and necessary
for the manufacture, assembly, and sale of Lassen Solar Panels
throughout the Licensed Territories.
2.2
License For Use of
Lassen Solar Panels in Applications above 1 MW
. Lassen and DBK hereby
grants, bargains, assigns, licenses and conveys to NATCO a
performance based irrevocable exclusive license to utilize the
Lassen Solar Panels in any and all applications above 1MW
throughout the Licensed Territories, which means for uses of 1 MW
or greater such as small and larger power plants, etc., but does
not mean or imply the sale of multiple panels above 1 MW in amount
to a vendor for later sale as individual units or any other like
such use.
2.3
Distribution and sale
for uses above 1MW. Lassen and DBK hereby grants,
bargains, assigns, licenses and conveys to NATCO a performance
based irrevocable exclusive license to sell and distribute the
Lassen Solar Panels for any and all applications above 1 MW
throughout the Licensed Territories, which means the sale and
distribution of the Lassen Solar Panels for uses of 1 MW or greater
such as small and larger po
