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FIRST AMENDMENT TO DISTRIBUTION AGREEMENT

Distribution Agreement

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT | Document Parties: Boston Scientific Corporation | Bovie Medical Corporation You are currently viewing:
This Distribution Agreement involves

Boston Scientific Corporation | Bovie Medical Corporation

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Title: FIRST AMENDMENT TO DISTRIBUTION AGREEMENT
Date: 9/18/2009
Industry: Medical Equipment and Supplies     Sector: Healthcare

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT, Parties: boston scientific corporation , bovie medical corporation
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EXHIBIT 10.13

 

FIRST AMENDMENT TO DISTRIBUTION AGREEMENT

 

This First Amendment to Distribution Agreement (“Amendment”) is made and entered into as of this 23rd day of August 2007 (“Amendment Effective Date”) by and between Boston Scientific Corporation, One Boston Scientific Place, Natick, MA 01760 (“BSC”) and Bovie Medical Corporation, 7100 30 th Avenue N, St. Petersburg, FL 33710 (“Bovie”).

 

RECITALS:

 

WHEREAS, the Parties entered into that certain Distribution Agreement dated as of October 6, 2006 (the “Agreement”);

 

WHEREAS, capitalized terms used but not otherwise defined herein have the meaning set forth in the Agreement (defined below);

 

WHEREAS, pursuant to the terms of the Agreement set forth in Section 9.5(iv), the Parties may modify the Agreement only by a writing signed by both Parties;  and

 

WHEREAS, the Parties have negotiated new terms respecting (i) pricing of Product manufactured by Bovie  **   ** to the **   **, other than (a) Product ordered on the **   ** Order or (b) Product ordered by BSC **   ** to the **   ** for customer training and customer sampling

(**   **Product”), (ii) the addition of **   **, and the removal of **   ** as the **   ** vendor for the **   ** assembled to it (each being a separate component and collectively referred to herein as the **   **, and each set of **   ** and **   ** being referred to herein as a **   **, and (iii) Seller’s obligations under Section 3.2 (Seller’s Vendors) particularly directed to **   **

 

NOW, THEREFORE, in consideration of the foregoing recitals (which are incorporated herein and made a part hereof) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows.

 

1.  

Amendment .  As of the Amendment Effective Date, the following modifications to the Agreement shall apply:

 

a. 

Amendment to Section 1.3 .  Section 1.3 of the Agreement (Ordering) is hereby amended as follows:

 

The seventh sentence of Section 1.3(b) of the Agreement (Ordering) is hereby amended by deleting it in its entirety and replacing it with the following: **   ** Product shall not accrue to the **   ** unit minimum purchase requirement for the **   **”

 

 

b.

Amendment to Section 2 .  Section 2 of the Agreement (Pricing; Payment; Continuous Improvement) is hereby amended by adding a new Section 2.6 to the Agreement with the following language:

 

“Section 2.6    **   ** Product .  From time to time prior to the **   **Date, Seller may manufacture **   ** Product (defined below) and Buyer shall reimburse Seller for such **   ** Product at the Unit Price set forth below.  Buyer will issue an open purchase order for **   ** units of **   ** Product against which Seller


 
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