Exhibit 10.30
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AS PERMITTED BY THE RULES OF THE SECURITIES AND EXCHANGE COMMISSION BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) CUSTOMARILY AND ACTUALLY TREATED BY THE REGISTRANT AS PRIVATE OR CONFIDENTIAL.
AMENDMENT NO. 1
TO
AMENDED AND RESTATED MASTER AUTOMATION AGREEMENT
AND
TO
PROJECT SOW FOR BROOKSVILLE 2.0 POC
This Amendment No. 1 (the “Amendment”), dated as of September 23, 2020 (the “Amendment No. 1 Effective Date”), to Amended and Restated Master Automation Agreement (the “Agreement”) and to Project SOW for Brooksville 2.0 POC (the “Brooksville 2.0 Project SOW”) is entered into among Walmart, Inc., a Delaware corporation (“Walmart”), Symbotic LLC, a Delaware limited liability company (“Symbotic”) and Warehouse Technologies LLC, a New Hampshire limited liability company (“Warehouse Technologies”) (collectively, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Agreement.
RECITALS
WHEREAS, the Parties entered into the Agreement as of January 29, 2019;
WHEREAS, Walmart and Symbotic entered into the Brooksville 2.0 Project SOW as of January 29, 2020 for the installation of the Brooksville POC 2.0 Project relating to the automation of a portion of Walmart’s Brooksville, Florida regional distribution center as a prerequisite to Symbotic undertaking other Projects within Walmart’s RDC network;
WHEREAS, the Brooksville 2.0 Project SOW sets forth criteria for Final Acceptance of the Brooksville POC 2.0 Project, with an original Final Acceptance milestone date of August 24, 2020;
WHEREAS, the Parties recognize that Symbotic has not achieved Final Acceptance of the Brooksville POC 2.0 Project by the August 24, 2020 milestone date;
WHEREAS, Section 16.3 of the Agreement provides Symbotic with a cure period to achieve Final Acceptance of the Brooksville POC 2.0 Project from the date of Walmart’s notice to Symbotic of the failure of the Brooksville POC 2.0 Project to achieve Final Acceptance;
WHEREAS, Walmart desires for Symbotic to commence work on certain contemplated Projects prior to achieving Final Acceptance of the Brooksville POC 2.0 Project; and
WHEREAS, the Parties now desire to amend the Agreement and the Brooksville 2.0 Project SOW as set forth below.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises of the Parties set forth herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The Agreement is amended as follows:
| | A. | Section 1.1 (General). Section 1.1 (General) of the Agreement is amended to add the following language at the end of the paragraph: |
