EXHIBIT 10.22
CONFIDENTIAL TREATMENT REQUESTED - EDITED COPY
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*** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE
COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO THE CONFIDENTIALITY
REQUEST. OMISSIONS ARE DESIGNATED AS [****]. A COMPLETE VERSION OF THIS EXHIBIT
HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
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ADDENDUM TO PRIVATE LABEL MANUFACTURING AND SUPPLY AGREEMENT
Date: Sep. 21, 2006
Description: Addendum to the Private Label Manufacturing And Supply
Agreement (11/13/03)
Items: (For details, please refer to the attached Meeting Minutes:
Discussion Between Abaxis and Diatron on Cooperation Issues
Meeting Minutes on September 15, 2006 and Agreement Details
Finalized on September 21, 2006)
1. Abaxis commits for minimum order quantity: [****] units of [****] per
quarter, [****] per year starting from October 1, 2006 to Sep. 30, 2007.
2. The minimum quantity of [****] units includes max. [****] demonstration
units of [****] per quarter.
o The unit price of [****]: [****] ex works Budapest.
o The unit price for demo units [****]: [****] ex works Budapest.
3. Delivery:
o Order for Q4 2006: min. [****] units (including [****] demonstration
units) by December 31, 2006, the balance of [****] units by March 31,
2007 in addition to the order for Q1 2007.
o Orders for Q1-Q3 2007: min. [****] units by the end of each month, a
total of [****] units by the end of each quarter.
o Partial shipments will be done on pallets [****] units each, min.
[****] pallets per shipment.
4. Payment terms:
o [****] down payment for [****] units at unit price of [****] will be
transferred to Diatron by Oct. 1, 2006.
o Wire transferring net 30 days.
o [****] discount for amount paid within 14 days from invoice date and
[****] discount for amount paid upon presentation of the invoice.
o A total of 25% of the down payment [****] will be deducted by Abaxis
from the actual invoice amount at the beginning of each quarter
starting from January 1, 2007 and ending on Oct. 1, 2007.
Note: The SCHEDULE B: MIMINUM PURCHASE COMMITMENTS in the Private Label
Manufacturing And Supply Agreement (11/13/03) is invalid during the effective
period and the execution of this addendum.
Diatron /s/ Alex Walker 10/12/06
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Company Signature Date
Abaxis /s/ Clinton Severson 10/11/06
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Company Signature Date