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AMENDMENT NO. 1 TO
DISTRIBUTION AGREEMENT
THIS AMENDMENT NO.
1 TO DISTRIBUTION AGREEMENT (this “Amendment
No. 1”), effective as of January 1, 2006 (the
“Amendment Effective Date”), is entered into between
FISHER SCIENTIFIC COMPANY L.L.C., a Delaware limited liability
company represented by its FISHER HEALTHCARE division,
(“FHC”), having a place of business at 9999 Veterans
Memorial Drive, Houston, Texas 77038, and BIOSITE INCORPORATED, a
Delaware corporation (“Biosite”), having a place of
business at 9975 Summers Ridge Road, San Diego, California 92121.
Capitalized terms not defined herein shall have the meanings set
given to them in the Agreement.
A. The
parties have entered into a Distribution Agreement effective as of
January 1, 2006 (the “Agreement”).
B. The
parties now desire to amend the Agreement in certain respects on
the terms and conditions set forth below.
NOW THEREFORE, in
consideration of the foregoing premises and the mutual covenants
set forth below, the parties amend the Agreement and otherwise
agree as follows:
1.1
Notwithstanding anything to the contrary in the Agreement,
including without limitation Sections 2(c) and 2(d), the
“Territory” shall exclude Puerto Rico and the US Virgin
Islands.
Accordingly, the
first sentence of Section 2(c) is hereby amended and restated to
read as follows:
“The
“Territory” consists of two segments in the United
States and its territories (excluding Puerto Rico and the US Virgin
Islands): (1) the “Hospital Medical Segment”, and
(2) the “Physician Medical
Segment.”
In addition, in
the fourth
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