CONFIDENTIAL TREATMENT REQUESTED BY ACCESS INTEGRATED TECHNOLOGIES, INC. OF CERTAIN PORTIONS OF THIS AGREEMENT IN ACCORDANCE WITH RULE 24B-2 UNDER
THE SECURITIES EXCHANGE ACT OF 1934.
February 21, 2006
Christie/AIX, Inc.
55 Madison Avenue, Suite 300
Morristown, NJ 07960
| Re: | Amended Exhibit A to Supply Agreement |
Dear Bud:
As you know, Christie Digital Systems USA, Inc. (“Christie”) and Christie/AIX, Inc. (“Christie/AIX”) are parties to an Amended and Restated Supply Agreement dated as of September 30, 2005 (the “Supply Agreement”).
A. Christie and Christie/AIX agree that Exhibit A to the Supply Agreement is hereby amended to read in its entirety as follows:
EXHIBIT A
PRICING
The purchase price for Digital Systems supplied by Christie to Christie/AIX shall be as follows:
| 1. | Digital Cinema Projection Systems: |
| Pricing for the Additional Systems will be $ *** for Digital Cinema |
| Projection Systems for large screens and $ *** for Digital Cinema |
Projection Systems for small screens, as specified at the time of order
The purchase price shall be equal to the sum of:
| (b) | a Theater Command Center software license fee of $*** per screen for each screen in the cineplex location where such Central Server is installed. |
_________________________
*** | CONFIDENTIAL PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE OMISSIONS. |
CONFIDENTIAL TREATMENT REQUESTED BY ACCESS INTEGRATED TECHNOLOGIES, INC. OF CERTAIN PORTIONS OF THIS AGREEMENT IN ACCORDANCE WITH RULE 24B-2 UNDER
THE SECURITIES EXCHANGE ACT OF 1934.
In connection with the watermarking software to be incorporated in Digital Cinema Projection Systems supplied by Christie to Christie/AIX, Christie/AIX will pay to Christie, in addition to the purchase price provided for in Section 1 above, an incremental purchase price amount of $ *** for (a) each Digital Cinema Projection System supplied by Christie to Christie/AIX with such watermarking software installed, such amount to be paid when the purchase price for such Digital Cinema Projection System is due, and (b) each Digital Cinema Projection System supplied by Christie to Christie/AIX without such watermarking software installed and subsequently upgraded by installing such watermarking software to such Digital Cinema Projection System, such amount to be paid within thirty (30) days after the date of invoice following completion of such upgrade.
B. Except as set forth in this letter, the Supply Agreement shall remain in full force and effect, without other modification or amendment.
If the above accurately sets forth our mutual agreement, please sign and return a copy of this letter. On the execution and return of a copy of this letter to Christie, Exhibit A to the Supply Agreement will be amended as set forth above.
Sincerely yours,
Christie Digital Systems USA, Inc.
/s/ John M. Kline
By: John M. Kline, President/CEO
ACCEPTED AND AGREED:
Christie/AIX, Inc.
/s/ A. Dale Mayo
By: A. Dale Mayo, CEO
_________________________
*** | CONFIDENTIAL PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE OMISSIONS. |
