Exhibit 10.1
***Text Omitted and Filed
Separately
with the Securities and Exchange
Commission.
Confidential Treatment Requested
Under 17 C.F.R. Sections 200.80(b)(4) and
240.24b-2.
AMENDMENT ONE TO MANUFACTURING
AND PURCHASE AGREEMENT
BETWEEN DOT HILL SYSTESM
CORP.
AND HON HAI PRECISION INDUSTRY,
LTD.
This Amendment No.1
(“Amendment”) is dated January 28, 2009 (the
“Effective Date”) and is an amendment to the
Manufacturing and Purchase Agreement dated September 2008 (the
“Agreement”) between Dot Hill Systems Corp. and its
subsidiaries (“Dot Hill”) and Hon Hai Precision
Industry Ltd, and its parents, subsidiaries and affiliate companies
(“Foxconn”).
Except as expressly set forth
herein, all other terms and conditions of the Agreement shall
continue in full force and effect. Capitalized terms used but not
defined herein shall have the meanings given thereto in the
Agreement. This Amendment shall become part of the Agreement and
all applicable terms and conditions of the Agreement including, but
not limited to Section 21.7 of the Agreement regarding Further
Assurances, shall apply to this Amendment.
AMENDMENT TERMS
§6.4.
The following shall be added to the
end of the current Section 6.4. To be clear, the terms and
conditions of 6.4 as they are written in the Agreement shall remain
in effect, and the following terms and conditions shall be added to
them:
“Dot Hill shall
