CERTAIN INFORMATION (INDICATED BY “[***]”) IN THIS EXHIBIT HAS BEEN OMITTED
AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED
Toshiba America Electronic Components, Inc.
2950 Orchard Parkway, San Jose, CA 95131
Design and Production Agreement
This Design and Production Agreement (“DPA”) effective July 31, 2008 (the “Effective Date”) is between
Toshiba America Electronic Components, Inc., with a principal place of business at 19900 MacArthur
Boulevard, Suite 400, Irvine, CA 92612 (“TAEC”) and Netlist Inc with a place of business at 51 Discovery,
Suite 150, Irvine, CA 92618 (“Customer”) and sets out the terms and conditions under which TAEC will design
the product identified herein for Customer.
1. Project Name
This DPA is for the development of ID ASIC for Customer. The quote is based on TAEC’s initial die size
3. Design Specification
MAJOR PROJECT MILESTONES
Development PO released & Design Initiation
Completion of Feasibility Study
Package selection finalized
Early netlist for “pipecleaning”
Final netlist (functionally correct)
Tapeout — Second Signoff GDSII transfer)
Delivery of Prototypes
System compliance phase - start
System compliance phase - complete
1st Risk Production shipment
Production turnaround time: 16 working weeks
Schedule will be finalized in the SOW upon Design Decision. See Section 13.5.
6. Package and Die Size Option
7. Internal/External IP