Common use of Selected Contracts Clause in Contracts

Selected Contracts. Schedule 3.18 of the DKI Disclosure Schedule lists the following contracts, agreements, commitments and other arrangements to which DKI is a party or by which it or any of its assets is bound: (a) any agreement (or group of related agreements) for the lease of personal property to or from any Person providing for lease payments in excess of $25,000 per annum; (b) any agreement (or group of related agreements) for the purchase or sale of raw materials, commodities, supplies, products, or other personal property, or for the furnishing or receipt of services, the performance of which will extend over a period of more than one year or involve consideration in excess of $25,000 per annum; (c) any agreement for the purchase of supplies, components, products or services from single source suppliers, custom manufacturers or subcontractors; (d) any agreement concerning a partnership or joint venture; (e) any agreement (or group of related agreements) under which it has created, incurred, assumed, or guaranteed any indebtedness for borrowed money or any capitalized lease obligation or under which it has imposed a Security Interest on any of its assets, tangible or intangible; (f) any agreement concerning confidentiality, noncompetition or restraint of trade; (g) any agreement with any of DKI's shareholders, optionholders, or any of such Affiliates (other than DKI) or with any Affiliate of DKI; (h) any profit sharing, stock option, stock purchase, stock appreciation, deferred compensation, severance, or other similar plan or arrangement for the benefit of its current or former directors, officers, and employees; (i) any collective bargaining agreement; (j) any agreement for the employment of any individual on a full-time, part-time, consulting, or other basis; (k) any agreement under which DKI has advanced or loaned any amount to any of its directors, officers, and employees; (l) any agreement under which a default or termination could reasonably be expected to have a DKI Material Adverse Effect; (m) any agreement with any original equipment manufacturer entered into or performed by DKI within the last three years; (n) any agreement regarding product design, development, manufacture, delivery, maintenance, support, service or training; (o) any standard form agreement used by DKI, including, but not limited to, any purchase order, statement of standard terms and conditions of sale, or employment offer letter; (p) any powers of attorney given by DKI; and (q) any other agreement (or group of related agreements) the performance of which involves consideration in excess of $25,000 or which is material to DKI. DKI has made available to Adaptec a correct and complete copy of each written agreement listed in Schedule 3.18 of the DKI Disclosure Schedule and a written summary setting forth the terms and conditions of each oral agreement referred to in Schedule 3.18 of the DKI Disclosure Schedule. With respect to each such agreement, each lease or sublease listed on Schedule 3.15, each license listed on Schedule 3.16(c) and each insurance policy listed on Schedule 3.21: (i) the agreement or other item is legal, valid, binding, enforceable, and in full force and effect in all respects, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws and equitable principles relating to or limiting creditors rights generally; (ii) to the best of DKI's knowledge, no party is in breach or default, and no event has occurred, which with notice or lapse of time would constitute a breach or default, or permit termination, modification, or acceleration, under the agreement; (iii) to the best of DKI's knowledge, no party has repudiated any provision thereof; (iv) there are no

Selected Contracts. Schedule 3.18 of the DKI Avidia Disclosure Schedule lists the following contracts, agreements, commitments and other arrangements to which DKI Avidia is a party or by which it or any of its assets is bound: (a) any agreement (or group of related agreements) for the lease of personal property to or from any Person providing for lease payments having a value in excess of $25,000 per annum50,000; (b) any material agreement (or group of related agreements) for the purchase or sale of raw materials, commodities, supplies, products, or other personal property, or for the furnishing or receipt of services, the performance of which will extend over a period of more than one year or involve consideration in excess of $25,000 50,000 per annum; (c) any material agreement for the purchase of supplies, components, products or services from single source suppliers, custom manufacturers or subcontractors; (d) any agreement concerning a partnership or joint venture; (e) any agreement (or group of related agreements) under which it has created, incurred, assumed, or guaranteed any indebtedness for borrowed money or any capitalized lease obligation or under which it has imposed a Security Interest on any of its assets, tangible or intangible; (f) any agreement concerning confidentiality, noncompetition noncompetition, assignment of inventions or restraint of trade; (g) any agreement with any of DKIAvidia's shareholders, stockholders or optionholders, or any of such their respective Affiliates (other than DKIAvidia) or with any Affiliate of DKIAvidia not otherwise disclosed on Schedule 3.18 of the Avidia Disclosure Schedule; (h) any profit sharing, stock option, stock purchase, stock appreciation, deferred compensation, severance, or other similar plan or arrangement for the benefit of its current or former directors, officers, and employees; (i) any collective bargaining agreement; (j) any written agreement (or, to Avidia's knowledge, any oral agreement) for the employment of any individual on a full-time, part-time, consulting, or other basisbasis (but not including so called "offer letters"); (k) any agreement under which DKI Avidia has advanced or loaned any amount to any of its directors, officers, and employeesemployees other than travel loans or advances in the Ordinary Course of Business; (l) any agreement under which a default or termination could would reasonably be expected to have a DKI Material Adverse Effect; (m) any agreement with any original equipment manufacturer agreement entered into or performed by DKI Avidia within the last three years; (n) any agreement regarding product design, development, manufacture, delivery, maintenance, support, service or training; (o) any standard form agreement used by DKI, including, but not limited to, any purchase order, statement of standard terms and conditions of sale, or employment offer letter; (p) any powers of attorney given by DKIAvidia; and (qp) any other agreement (or group of related agreements) the performance of which involves consideration in excess of $25,000 or 50,000 and which is material to DKInot cancelable without penalty within thirty (30) days. DKI Except as otherwise noted, Avidia has made available to Adaptec PG a correct and complete copy of each written agreement listed in Schedule 3.18 of the DKI Avidia Disclosure Schedule and a written summary setting forth the terms and conditions of each oral agreement referred to in Schedule 3.18 of the DKI Avidia Disclosure Schedule. With respect to each such agreement, each lease or sublease listed on Schedule 3.15, each license listed on Schedule 3.16(c) and each insurance policy listed on Schedule 3.21: (i) the agreement or other item is legal, valid, binding, enforceable, and in full force and effect in all respectsas to Avidia, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws and equitable principles relating to or limiting creditors rights generally; (ii) to the best knowledge of DKI's knowledgeAvidia, no party is in material breach or default, and no event has occurred, which with notice or lapse of time would constitute a material breach or default, or permit termination, modification, or acceleration, under the agreement; (iii) to the best knowledge of DKI's knowledgeAvidia, no party has repudiated any provision thereof; (iv) to the knowledge of Avidia, there are nono disputes, oral agreements, or forbearance programs in effect; (v) Avidia has not assigned, transferred, mortgaged, deeded in trust or encumbered any interest therein; and (vi) all approvals of Governmental Authorities (including licenses and permits) required in connection therewith have been obtained.