Common use of Incorporation into Agreement Clause in Contracts

Incorporation into Agreement. This Project [*] Lead Free Qualification is entered into by and between Intel Corporation a Delaware corporation, having its principal place of business at 0000 Xxxxxxx Xxxxxxx Xxxxxxxxx. Xxxxx Xxxxx, XX 00000, and its Affiliates (“Intel”), Aquantia Corporation, Inc., a California corporation having its principal place of business at 000 Xxxxxx Xxxxx, Xxxxxxxx, XX 00000, and its Affiliates (“Aquantia”), effective as of the date of the last signature (the “Effective Date”). The parties agree that this Project Statement shall be attached to and incorporated in the “Agreement”, entered a certain Master Development, Purchasing and License Agreement as of January 8, 2009 (the “Agreement”). For purposes of this Project Statement, the Agreement means the Master Purchase Agreement between Intel Corporation and Aquantia Corporation dated January 15, 2009, as amended to- date (“Agreement”). The parties agree to this Project Statement to the Agreement to set forth terms and conditions under which Aquantia will provide a framework for managing the activities used by both parties in order to perform the required tasks to successfully have the [*] lead Free product qualified, investigate all failures, implement appropriate corrective actions, and to pursue continuous improvements The parties agree that any work related to this Project Statement, even if commenced by the parties prior to the Effective Date, is covered by the terms of this Project Statement. The terms and conditions of the Agreement are incorporated herein by reference. To the extent the terms and conditions of this Project Statement #1 conflict with the Agreement, this Project Statement will govern. Capitalized terms used herein, but not defined in this Project Statement will have the meanings set forth in the Agreement. Any changes to the specifications of the [*] Product that are set forth in this Project Statement must be agreed to by the parties in writing.