Exhibit 10.49
* Confidential Treatment Requested Under
17 C.F.R. §§ 200.80(b)(4), 200.83 and 240.24b-2
SON SON Co., Ltd.
October 1, 2002
Mr. Tram Be
SON SON CO., LTD.
[...***...]
RE:
AGREEMENT FOR PURCHASE OF A SUREBEAM ELECTRON BEAM SYSTEM BETWEEN
SUREBEAM CORPORATION AND SON SON CO., LTD., DATED AS MARCH 27, 2002.
Mr. Tram Be:
Reference is made to the Agreement referenced above (the "Agreement"), between
SureBeam Corporation ("SureBeam"), and Son Son Co., Ltd. ("Buyer").
All
capitalized terms used but not defined herein shall have the respective meanings
assigned to them under the Agreement.
SureBeam and Buyer have executed and delivered this letter for purposes of
supplementing the term of Agreement, and hereby agree as follows:
1.
Exhibit C1 to the Agreement is hereby amended to include the
following:
Buyer has the option to purchase a second accelerator, for a price of
[...***...],
to be installed within this first Facility within [...***...] after the completion
of the Acceptance Test.
This price will include any additional material
handling equipment that may be necessary.
If the utilization of this first
Facility reaches 85% of its capacity during the first 12 months of operation,
then this option will become a binding commitment.
Except to the extent expressly amended by this letter, all of the provisions of
the Agreement remain unchanged and shall continue in full force and effect.
* CONFIDENTIAL TREATMENT REQUESTED
Please confirm, by signing in the place indicated below, that the foregoing
reflects our mutual understanding and agreement.
Sincerely yours,
SUREBEAM CORPORATION
By:
/s/ Martha M. Cashman
Name:
Martha M. Cashman
Title:
Senior Vice President, International Business Development
AGREED AND ACCEPTED:
SON SON CO., LTD.
By:
/s/ Tram Be
Name:
TRAM BE
Title:
Chairman of Management
Date:
October 1, 2002
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