AMENDMENT NO. 7 TO THE AMENDED AND RESTATED FUJITSU DISTRIBUTION AGREEMENT DATED DECEMBER 21, 2005
Exhibit 10.1(e)
AMENDMENT NO. 7 TO
THE AMENDED AND RESTATED FUJITSU DISTRIBUTION
AGREEMENT DATED DECEMBER 21, 2005
This AMENDMENT NO. 7 (this “Amendment No. 7” ) to the Amended and Restated Fujitsu Distribution Agreement dated December 21, 2005, as amended effective as of October 1, 2007, September 30, 2008, January 15, 2009, February 23, 2009, April 23, 2009, and June 25, 2009, originally entered into between Spansion Inc., a Delaware corporation (“Spansion”), and Fujitsu Limited, a Japanese corporation (“Fujitsu”), and succeeded to by Fujitsu Microelectronics Limited, a Japanese corporation (“FML”), effective as of March 21, 2008 (the “Agreement”), is entered into as of the dates set forth below and effective as of October 30, 2009.
Whereas, Spansion and FML wish to further modify the Agreement, it is agreed that the Agreement shall be amended as follows:
| 1. | The following shall be added as Section 15.5 Spansion MirrorBit ORNAND™ Product Warranty of the Agreement: |
Notwithstanding Section 15.1 (“Spansion Product Warranty”) or any other provision contained in this Agreement to the contrary, and subject to Section 15.3 (“No Warranty Pass Through”), Spansion warrants that the Products listed in the attached Attachment A that have been shipped or will be shipped by Spansion to Fujitsu after June 29, 2009, shall operate in accordance with the data sheet specifications in the attached Attachment B, and shall be free from defects in functionality, materials and workmanship, for a period of twelve (12) months from the date that such Products are delivered to Fujitsu in accordance with Section 3.
All terms and conditions of the Agreement not specifically amended by this Amendment No. 7 shall remain unchanged and in full force and effect.
| Spansion Inc. | Fujitsu Microelectronics Limited | |||||||
| /s/ ▇▇▇▇▇ ▇▇▇▇▇ | /s/ Makoto Goto | |||||||
| Name: | ▇▇▇▇▇ ▇▇▇▇▇ | Name: | Makoto Goto | |||||
| Title: | Executive Vice President Worldwide Sales and Marketing |
Title: | Corporate Vice President | |||||
| Date: | 12/18/09 | Date: | 10/29/2009 | |||||
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ATTACHMENT A
Spansion MirrorBit ORNAND™ Product List
S99MS512R0011
S99MS512R0111
S99MS01GR0011
S99MS01GR0111
S99MS02GR0011
S99MS02GR0111
S99MS01GP0110
98524SWTU
98766SWTU
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ATTACHMENT B
Spansion MirrorBit ORNAND™ Data Sheet Specifications
Effective June 29, 2009
01. S99MS02GR0010, S99MS02GR0011, S99MS02GR0110, S99MS02GR0111, 2 Gigabit (128M x 16-Bit),
2 Gigabit (256M x 8-Bit), 1.8 Volt NAND Interface Memory Based on MirrorBit® Technology Supplement, Publication Number S99MS02GR0010_11_SP, Revision 03, Issue Date October 23, 2009
02. S99MS512R0010, S99MS512R0011, S99MS512R0110, S99MS512R0111
512 Megabit (32 M x 16-Bit), 512 Megabit (64 M x 8-Bit), 1.8 Volt NAND Interface Memory Based on MirrorBit® Technology Supplement, Publication Number S99MS512R0010_11_SP, Revision 03, Issue Date October 19, 2009
03. S99MS01GR0010, S99MS01GR0011, S99MS01GR0110, S99MS01GR0111 1 Gigabit (64 M x 16-Bit),
1 Gigabit (128 M x 8-Bit), 1.8 Volt NAND Interface Memory Based on MirrorBit® Technology Supplement, Publication Number S99MS01GR0010_11_SP Revision 03, Issue Date October 23, 2009
04. S98MS-R ORNANDTM Flash Family for Sorted Die, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, 2 Gb/1 Gb/512 Mb, x8/x16, 1.8 Volt NAND Interface Memory Based on MirrorBit® Technology Data Sheet (Preliminary), Publication Number S98MS-R_Die Revision 03 Issue Date October 28, 2009
05. S99MS01GP0110 and S99MS01GP0111 1 Gigabit (64 M x 16-Bit), 1 Gigabit (128 M x 8-Bit) 1.8 Volt NAND Interface Memory Based on MirrorBit® Technology Supplement, Publication Number S99MS01GP0111_SP Revision 02 Issue Date November 6, 2009
06. S98MS-P ORNANDTM Flash Family for Sorted Die ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ 1 Gb/512 Mb, x8/x16, 1.8 Volt NAND Interface Memory Based on MirrorBit® Technology Data Sheet (Preliminary), Publication Number S98MS-P_Sorted_Die Revision 02 Issue Date October 28, 2009
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