Exhibit 10.9
AMENDMENT NO. 6 TO SALES AGENT
AGREEMENT
This Amendment No. 6 To Sales Agent Agreement
(“Amendment No. 6”) is made this 10th day of November,
2004, between Cutera Inc. (formerly Altus Medical, Inc.)
(“Cutera”) and PSS World Medical, Inc.
(“PSS”).
WHEREAS, Cutera and PSS entered into that
February 14, 2003 Sales Agent Agreement, that March 17, 2003
Amendment No. 1 To Sales Agent Agreement, that November 6, 2003
Amendment No. 2 To Sales Agent Agreement, that May 3, 2004
Amendment No. 3 To Sales Agent Agreement, that June 18, 2004
Amendment No. 4 to Sales Agent Agreement and that September 21,
2004 Amendment No. 5 to Sales Agent Agreement (collectively,
“Agreement”), and are hereby amending the Agreement as
follows:
1. The first sentence of Section 1.4 is hereby
deleted and replaced with the following:
“1.4 Products means
Cutera’s CoolGlide CV-, CoolGlide Excel-, CoolGlide Vantage-,
CoolGlide Genesis Plus- (a/k/a CoolGlide Xeo Rejuvenation-),
CoolGlide Xeo-, CoolGlide Xeo Limited-, Xeo SA-, Omnilux- and Titan
Tabletop systems, and related Product Upgrades.”
2. Exhibit A is hereby deleted and replaced with
the following:
“Product
Pricing”
For Products sold to PSS through
March 31, 2005, the unit pricing will be as set forth
