Exhibit 10.39
*** Text Omitted and Filed Separately
Confidential Treatment Requested
Under 17 C.F.R. §§ 200.80(b)(4)
and 17 C.F.R. 24b-2
PREMIER PURCHASING PARTNERS, L.P.
AMENDMENT NUMBER 9 TO GROUP PURCHASING AGREEMENT
CONTRACT #: PP-NS-347
Product Category: Pulse Oximeters
Product Additions and Deletions
This Amendment Number 9 (“Amendment”), is entered into effective February 28, 2009 (the “Amendment Effective Date”), and shall amend and modify the Group Purchasing Agreement (Contract #: PP-NS-347) by and between Premier Purchasing Partners, L.P. (“Purchasing Partners”), and Masimo Americas, Inc. (“Seller”), dated effective March 1, 2006 (the “Agreement”), as follows:
1. | Addition of Products. Effective as of the Amendment Effective Date, Exhibit A-3 Price Lists to the Agreement is hereby amended to add the Products set forth in Schedule 1 hereto. The price of such Products and other pertinent information concerning such Products is also set forth in Schedule 1 hereto. |
2. | Deletion of Products. Effective as of the Amendment Effective Date, Exhibit A-3 Price Lists to the Agreement is hereby amended to delete the Products set forth in Schedule 1 hereto. The price of such Products and other pertinent information concerning such Products is also set forth in Schedule 1 hereto. |
3. | Other Terms and Conditions. All other terms and conditions of the Agreement shall remain in full force and effect. |
This Amendment is hereby executed as of the Effective Date by the parties’ authorized representatives set forth below.
PREMIER PURCHASING PARTNERS, L.P. | Masimo Americas, Inc. | |||||||||||
(“Purchasing Partners”) | (“Seller”) | |||||||||||
By: | PREMIER PLANS, L.L.C., Its General Partner | |||||||||||
By: | /s/ Durral Gilbert | By: | /s/ Jim Beyer | |||||||||
Printed Name: | Durral Gilbert | Printed Name: | Jim Beyer | |||||||||
Title: | Vice President, Operations | Title: | Vice President, Sales and Strategic Accounts |
By: | /s/ Amy Denny | |||||||||||
Printed Name: | Amy Denny | |||||||||||
Title: | Vice President, Contract Management | |||||||||||
Amendment 9 Schedule 1 - Product additions and deletions | Masimo Americas, Inc. Amendment effective: 02/28/2009 | PP-NS-347 | ||||||||||||
Change | Product Code | Product description | UOM | Qty/ UOM | TIER 1 | TIER 2 | TIER 3 | |||||||
Product deletion | 9019 | Configurable, Rad-8, Horizontal | Each | 1 | […***…] | […***…] | […***…] | |||||||
Product deletion | 9020 | Configurable, Rad-8, Vertical | Each | 1 | […***…] | […***…] | […***…] | |||||||
Product addition | 9190 | Configurable, Rad-8, Horizontal | Each | 1 | […***…] | […***…] | […***…] | |||||||
Product addition | 9191 | Configurable, Rad-8, Vertical | Each | 1 | […***…] | […***…] | […***…] |
Schedule 1 | * Confidential Treatment Requested |