Exhibit 10.12
[FORM OF AMENDMENT NO. 004 TO iDEN
INFRASTRUCTURE EQUIPMENT SUPPLY AGREEMENT]
AMENDMENT NO. 004
TO
iDEN INFRASTRUCTURE EQUIPMENT SUPPLY
AGREEMENT
BETWEEN
COMMUNICACIONES NEXTEL DE MEXICO, S. A. DE C.
V.,
NII HOLDING, INC. (f.k.a. NEXTEL INTERNATIONAL,
INC.)
AND
MOTOROLA, INC.
This Amendment No. 004,
dated as of the 30th day of December, 2003, is between on the one
hand, Motorola, Inc., a Delaware corporation, by and through its
Global Telecom Solutions Sector, with offices at 1421 West Shure
Drive, Arlington Heights, Illinois, 60004 (“Motorola”),
and, on the other, Communicaciones Nextel de Mexico, S. A. de C.
V., a company with offices at Blvd. Manuel Avila Camacho
No. 36, Piso 9, Colonia Lomas de Chapultepec, Mexico 11000,
D.F., and NII Holdings, Inc. (formerly known as Nextel
International, Inc.), a Delaware corporation, with offices located
at 10700 Parkridge Boulevard, Suite 600, Reston, VA 20191
(collectively, “NII”; NII and Motorola to be
collectively referred to as the “Parties”), and amends
the iDEN Infrastructure Equipment Supply Agreement
(“Agreement”) dated as of June 30, 2000, as
heretofore amended, modified, supplemented, or otherwise revised.
Capitalized terms used herein but not otherwise defined herein
shall have the same meanings given to such terms in the
Agreement.
WHEREAS, Motorola and NII entered
into the iDEN Infrastructure Supply Agreement effective as of the
30th day of June, 2000 (hereinafter referred to as the
“Existing Agreement”);
WHEREAS, the Existing Agreement
is set to expire by its terms on December 31, 2003;
WHEREAS, Motorola and NII wish to
extend the Existing Agreement to allow sufficient time to negotiate
and execute a New Agreement, and it is their intention to execute
the New Agreement as soon as practically possible, pending
execution of a new equipment supply agreement between Motorola and
Nextel Communications, Inc. (“NCI
Contract”);
WHEREAS, substantially all of the
terms and conditions of the Existing Agreement shall continue
during the interim period prior to the Parties entering into the
New Agreement, except for certain modifications that have been
discussed between the Parties as more fully set forth below;
and
WHEREAS, Section 34 of the
Existing Agreement requires that all modifications thereto be in
writing and executed by authorized representatives of both
Parties.
NOW, THEREFORE
, in consideration of the promises
and mutual obligations contained herein and for other good and
valuable consideration, the receipt and sufficiency of which are
hereby mutually acknowledged, Motorola and NII agree as
follows:
