EXHIBIT 10.96
[* * *]. Certain information in this
exhibit has been omitted and filed separately with the
Commission. Confidential treatment has been requested with
respect to the omitted portions.
AMENDMENT #1
TO
REVENUE SHARING PURCHASE AGREEMENT
(AGREEMENT #001)
This Amendment No. 1 to Revenue
Sharing Purchase Agreement (the ”Amendment”) is
entered into effective as of December 17, 2003 by and between
UTStarcom, Inc., a Delaware corporation (“UTStarcom”),
and MultiData, a Honduras Republic corporation
(“Purchaser”).
WHEREAS, UTStarcom and Purchaser
entered into a Revenue Sharing Purchase Agreement dated as of
October 21, 2003 (the ”Agreement” or
from now on also named “Agreement #001”);
and
WHEREAS, the parties wish to amend
Agreement #001, as set forth herein;
NOW THEREFORE, in consideration of
the foregoing and upon the mutual agreement of the parties,
Agreement #001 is hereby amended as follows:
1.
In Exhibit A, page 5 of
Agreement #001, Paragraph (c) of Section 12.3 shall be
revised to read as follows:
(c)
Purchaser assigns in any manner (by
operation of law or otherwise) its rights and responsibilities
under this Agreement, without the prior written consent of
UTStarcom. Notwithstanding the foregoing, UTSt
