Exhibit 10.26
| Purchase Order 88MS31651 | ||
| Amendment Number: P01 | Order Date: 05/21/2002 | |
| Lockheed Martin Business Unit: Missiles & Fire Control – Orlando | Document Type: Amendment | |
| Status: New |
Buyer | Seller | |
| LOCKHEED MARTIN CORPORATION | ID: HE6J00 | |
| MISSILES AND FIRE CONTROL-ORL | ENDWAVE CORPORATION | |
| 5600 SAND LAKE ROAD | 6425 CAPITOL AVE | |
| ORLANDO FL 32819 | DIAMOND SPRINGS CA 95619 | |
| Confirmed With: S MCGOWAN | ||
| Order Contact: PIVACCO, JULIE | Confirmed Date: 05/21/2002 | |
| Telephone: 4073562851 | ||
| Email: julie.pivacco@lmco.com | ||
| Fax: | ||
Bill To | Ship To | |
| ID: 0571572578 | ID: 057157257. | |
| LOCKHEED MARTIN CORPORATION | CAUTION: | |
| MISSILES AND FIRE CONTROL-ORL | THIS PO MAY CONTAIN MULTIPLE | |
| PHONE (407) 356-5141 | ITEMS WITH DIFFERING SHIP-TO | |
| 5600 SAND LAKE ROAD | ADDRESSES. SEE INDIVIDUAL | |
| ACCOUNTS PAYABLE, MP 265 | ITEMS FOR SHIP-TO INFORMATION | |
| ORLANDO FL 328198907 | ||
FOB | Terms of Sale | |
| Type: Basic Discount Offered | ||
| Basis: Invoice Date | ||
| Discount Percent: | ||
| Discount Days Due: | ||
| Net Days: 30 | ||
| Discount Amount: | ||
| Description: | ||
| Day of Month: | ||
| Payment Method: | ||
| Lockheed Martin | Accepted | |
| Authorized Procurement Representative | Seller Authorized Representative | |
Date | Date |
Page 1
[*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
| Purchase Order 88MS31651 | ||
| Amendment Number: P01 | Order Date: 05/21/2002 | |
| Lockheed Martin Business Unit: Missiles & Fire Control – Orlando | Document Type: Amendment | |
| Status: New |
Carrier | Order Details | |
| Routing Sequence: Origin/Delivery Carrier (Any Mode) | Business System: 8146 | |
| Identification Qualifier: | Transmittal Date: 06/19/2002 | |
| Identification: | Transmittal Time: 1008 | |
| Transportation Method/Type: | Document Purpose: Change | |
| Routing: SEE EACH LINE ITEM FOR ROUTING | Purchase Order Type: Stand-alone Order | |
| Transit Direction: | Release Number: | |
| Transit Time Direction Qualifier: | Contract No: | |
| Transit Time Direction: | Acknowledgement: | |
| Service Level: | Supplier Ack Date: | |
| Invoice Type: | ||
| Contract Type: | ||
TAX | ||
| Tax ID Number: | ||
| Jurisdiction: | ||
| Exemption Status: | ||
Notes | ||
| This Purchase Order and attachment(s), if any, is being transmitted electronically and executed by electronic signature in lieu of a hard copy Purchase Order/Release and is the only document that the Seller will receive. By receipt and acknowledgment of this Purchase Order, or by performance, Seller agrees that this electronic Purchase Order shall have the same force and effect as if executed and sent in hard copy. Both parties agree that the validity of this Purchase Order shall not be contested on the basis that this Purchase Order contains an electronic signature. Seller certifies that those representations and certifications contained in the referenced terms and conditions are current and accurate. | ||
Letters & Notes: PO HEADER TEXT
ON ABOVE PURCHASE ORDER CHANGE
DIFFERENCES IN PO HEADER
ADDED TEXT (SEE LEGEND):
009702555 010072433
DELETED TEXT (SEE LEGEND):
009702555
CHANGED ITEM 0001 IDENT NO. 79742210-001
**RECEIVER
DIFFERENCES IN PO LINE ITEM
UNIT PRICE
| FROM — | [*] | |||||
| TO — | [*] |
OTHER CHARGE DIFFERENCES FOR LINE ITEM
ADDED—DRAW, PLANS, REDESIGN, SUP ENG-SOMETIM
| AT | [*] |
CHANGED—DRAW, PLANS, REDESIGN, SUP ENG-1 PER P
| FROM | [*] | TO [*] |
SCHEDULE (FROM)
| QUANTITY | DUE DATE |
Page 2
[*] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
| Purchase Order 88MS31651 | ||
| Amendment Number: P01 | Order Date: 05/21/2002 | |
| Lockheed Martin Business Unit: Missiles & Fire Control – Orlando | Document Type: Amendment | |
| Status: New |
| Continued… | ||
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| SCHEDULE (TO) | ||
| QUANTITY | DUE DATE | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] | |
| 1.00000 | [*] |
LEGEND TO TEXT OF INVOKED CLAUSES
009702555
MILESTONE PAYMENTS SHALL BE IN ACCORDANCE WITH SPECIAL PROVISION 73-4 WHICH IS HEREBY INCORPORATED AS A PART OF THIS CONTRACT. MILESTONE EVENTS AND COMPLETION SCHEDULE DATES ARE SET FORTH IN SP 73-4. FOR AMENDMENT P01, SP 73-4 WILL BE RESTRUCTURED TO REFLECT THE 30-MONTH STRETCH OUT.
010072433
AMENDMENT PO1 ACTIONS:
| 1) | STATUS OF ENDWAVE’S PERFORMANCE TO DATE: |
- PDR HELD 2/5/02; CORRESPONDING MILESTONE PAYMENT OF[*] PAID 4/10/02 PER CLIN 001 OF SP73-4.
| 2) | STOP WORK ORDER ISSUED BY LMC 2/14/02. STOP WORK WAS ISSUED BY LMC AFTER NOTIFICATION OF A 30-MONTH STRETCH OUT OF THE CURRENT LMC EMD CONTRACT. |
| 3) | THE STOP WORK ORDER IS RESCINDED AT NO CHANGE IN PO PRICE. |
| 4) | ENDWAVE SHALL PERFORM NO WORK ON THE PO UNTIL AUTHORIZED IN WRITING BY THE LOCKHEED MARTIN (LMC) BUYER.[*] IF THE LMC BUYER DOES NOT AUTHORIZE ENDWAVE TO RECOMMENCE PERFORMANCE BY[*], LOCKHEED MARTIN SHALL TERMINATE THE PO FOR CONVENIENCE UNLESS THE PARTIES AGREE TO AN EXTENSION. THE TERMINATION CHARGE SHALL NOT EXCEED[*]. |
THE FOLLOWING TEXT HAS BEEN ADDED:
OUR PO# MUST APPEAR ON ALL CORRESPONDENCE, INVOICES, PACKAGES, AND SHIPPING DOCUMENTS.
LOCKHEED MARTIN CORPORATION’S POLICY IS IN FULL COMPLIANCE WITH ANTI-KICKBACK PROCEDURES (FAR 52.203.7). TO REPORT A SUSPECTED VIOLATION CALL 1-800-LM-ETHIC (1-800-563-8442).
Page 3
[*] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
| Purchase Order 88MS31651 | ||
| Amendment Number: P01 | Order Date: 05/21/2002 | |
| Lockheed Martin Business Unit: Missiles & Fire Control – Orlando | Document Type: Amendment | |
| Status: New |
Continued…
ACCEPTANCE IS HEREBY GRANTED PER THE TERMS AND CONDITIONS OF THIS PURCHASE ORDER. SIGN AND RETURN COPY TO THE BUYER WHEN PO EXCEEDS[*].
| • |
LOCKHEED MARTIN IS COMMITTED TO E-COMMERCE AND INVITES OUR SUPPLIERS TO VISIT OUR PROCUREMENT WEB PAGE FOR GENERAL PO INFORMATION & PAPERLESS INITIATIVES (USE LOWER CASE LTTRS): HTTPS://SUPPLIERNET.EXTERNAL.LMCO.COM/MAIN/INDEX.CFM
| • |
Page 4
[*] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
| Purchase Order 88MS31651 | ||
| Amendment Number: P01 | Order Date: 05/21/2002 | |
| Lockheed Martin Business Unit: Missiles & Fire Control – Orlando | Document Type: Amendment | |
| Status: New |
Line | Item | Quantity | Unit | Price | Price Unit | Currency | Eng Chng | Item Total | ||||||||
| 001 | 79742210-001 | 7 | Each | [*] | Price per Each | [*] | ||||||||||
Description |
| Part Number Description: **RECEIVER |
| Drawing Revision Number: — /000 |
Charge Information |
| Charge—Layout/Design, Amount: 192754.00, Quantity: Charge to be Paid by Customer |
| Charge—Layout/Design, Amount: 1329130.00, Quantity: Charge to be Paid by Customer |
Schedule |
| Quantity: 1, UM: EA, Required Date (Date Due—Contract): 09/30/2005 |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— |
Quantity: 1, UM: EA, Required Date (Date Due—Contract):[*] |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— |
Quantity: 1, UM: EA, Required Date (Date Due—Contract):[*] |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— |
Quantity: 1, UM: EA, Required Date (Date Due—Contract):[*] |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— �� |
Quantity: 1, UM: EA, Required Date (Date Due—Contract):[*] |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— |
Quantity: 1, UM: EA, Required Date (Date Due—Contract):[*] |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— |
Quantity: 1, UM: EA, Required Date (Date Due—Contract):[*] |
| Contract Number LMMTI-2000-AHP712-MF01— |
| Defense Priorities Allocation System Priority Rating NONE— |
Item Ship To |
| ID: 0571572578S01 |
| LOCKHEED MARTIN CORPORATION |
| MISSILES AND FIRE CONTROL-ORL |
| 5600 SAND LAKE ROAD |
| ATT: BLDG 10 RECEIVING |
| ORLANDO FL 32819 |
Condition of Sale |
| No Substitution Allowed |
| Manufacturer |
| SEE TEXT FOR APPROVED SUPPLIER/MANUFACTURER |
FOB |
| Payment Method: Defined by Buyer & Seller |
Page 5
[*] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
| Purchase Order 88MS31651 | ||
| Amendment Number: P01 | Order Date: 05/21/2002 | |
| Lockheed Martin Business Unit: Missiles & Fire Control – Orlando | Document Type: Amendment | |
| Status: New |
Continuation of Line Item 0001
Carrier |
| Routing Sequence: Origin/Delivery Carrier (Any Mode) |
| Transportation Method/Type: Motor |
| Routing: 401-12 |
Tax |
| Tax ID Number: SEE TEXT |
| Exemption Status: 3 Exempt (For Resale) |
Notes |
Letters & Notes: PO LINE ITEM TEXT |
| APPROVED SUPPLIER/MANUFACTURER: |
| ENDWAVE CORPORATION |
| DIAMOND SPRINGS CA 95619 |
| SOURCE INSPECTION REQUIREMENTS: LMC SI REQ’D—GROUP2 |
| LEGEND TO TEXT OF INVOKED CLAUSES |
T00084 LOCKHEED MARTIN MISSILES & FIRE CONTROL HAS OBTAINED A DIRECT PAYMENT CERTIFICATE FROM THE STATE OF FLORIDA. THIS CERTIFICATE PERMITS LOCKHEED MARTIN MISSILES & FIRE CONTROL TO PURCHASE TANGIBLE PERSONAL PROPERTY WITHOUT THE PAYMENT OF FLORIDA SALES AND USE TAX TO THE SUPPLIER OF SUCH PROPERTY. LOCKHEED MARTIN MISSILES & FIRE CONTROL HAS BEEN AUTHORIZED TO SELF-ACCRUE AND REMIT THE USE TAX DIRECTLY TO THE STATE OF FLORIDA. IF YOU DO NOT HAVE A COPY OF OUR CERTIFICATE PLEASE CALL (407) 356-3857. LOCKHEED MARTIN MISSILES & FIRE CONTROL IS COMMITTED TO OPERATING ITS FACILITIES IN AN ENVIRONMENTALLY RESPONSIBLE MANNER ACCORDING TO ISO 14001 STANDARDS. THAT INCLUDES: COMPLYING WITH ALL ENVIRONMENTAL LAWS AND REGULATIONS, WORKING TO REDUCE HAZARDOUS WASTES, AIR EMISSIONS, SOLID WASTES, INDUSTRIAL WASTEWATER GENERATION, AND IMPLEMENTING A POLLUTION PREVENTION PROGRAM. WE ENCOURAGE OUR SUPPLIERS, INCLUDING THOSE COMPANIES TO WHOM WE OFFLOAD WORK, TO BE ENVIRONMENTALLY RESPONSIBLE IN THEIR OPERATIONS. |
| Total: [*] |
End of Document |
Page 6
[*] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.