EXHIBIT 10.11
AMENDMENT TO THE
FIRST ADDENDUM TO THE SUPPLY
AGREEMENT
This Amendment to the First Addendum to the
Supply agreement (the “Addendum”) is made by and
between Alcatel , a French société
anonyme having its registered office at 54 rue La Boetie 75008
Paris, France (hereafter “Alcatel”) and Avanex
Corporation , a Delaware corporation having its principle place
of business at 40919 Encyclopedia Circle, Fremont, California
94538, U.S.A. (hereafter the “Supplier”).
The Supplier and Alcatel are individually
referred to as a “Party” or collectively as the
“Parties”.
WHEREAS
The Parties signed on July 31, 2003 (dated
June 18, 2003) a Supply Agreement (hereafter the
“Agreement”), and on October 28, 2005 a First
Addendum to the Supply Agreement (hereafter the
“Addendum”).
In accordance with article 2 of the Addendum, in
November 2005, Alcatel Italia Spa paid Avanex France an amount of
one million euros (1,000,000 Euros) – hereafter the First
Down Payment.
In accordance with article 2 of the Addendum, in
November 2005, Alcatel Submarine Networks Ltd. Also paid Avanex
France an amount of one million euros (1,000,000€).
Furthermore, Alcatel Italia S.p.A., in
Decem
