Common use of Products; Product Addenda Clause in Contracts

Products; Product Addenda. Company shall sell, license and/or make available to Saint Luke’s and the Facilities the products (“Products”) set forth in a Product Addendum (“PA”), each Product Addendum shall be substantially in the form set forth in Exhibit A attached hereto and incorporated herein (the parties acknowledge that Exhibit A is a template form and is not for completion). Each PA shall set forth the Products to be made available for purchase under the individual PA, the pricing for such Products, applicable rebates and/or discounts, performance metrics, the term of the individual PA (which term shall not exceed the term of this Agreement), and such other terms as may be agreed to by the parties. Prices shown on a PA are and shall be complete and no additional charges will be added, including but not limited to shipping, packaging, labeling, custom duties, taxes, storage and insurance, unless prior written approval is obtained from Saint Luke’s. Each PA will reference and be incorporated into this Agreement and will exist independently from any other PA. In the event of any conflict or inconsistency between any material term of this Agreement and any PA, the terms of this Agreement will control unless the PA specifically states that a particular provision in a PA will control over a particular provision in this Agreement, in which event such matter will only be effective with respect to that particular PA. A PA may only be amended via a written amendment to this Agreement executed by Company and Saint Luke’s.

Products; Product Addenda. Company shall sell, license and/or make available to Saint Luke’s and the Facilities the products (“Products”) and Equipment (as defined herein) set forth in a Product Addendum (“PA”), each Product Addendum shall be substantially in the form set forth in Exhibit A attached hereto and incorporated herein (the parties acknowledge that Exhibit A is a template form and is not for completion). Each PA shall set forth the Products and/or Equipment to be made available for purchase under the individual PA, the pricing for such ProductsProducts and/or Equipment, applicable rebates and/or discounts, performance metrics, the term of the individual PA (which term shall not exceed the term of this Agreement), and such other terms as may be agreed to by the parties. Prices shown on a PA are and shall be complete and no additional charges will be added, including but not limited to shipping, packaging, labeling, custom duties, taxes, storage and insurance, unless prior written approval is obtained from Saint Luke’s. Each PA will reference and be incorporated into this Agreement and will exist independently from any other PA. In the event of any conflict or inconsistency between any material term of this Agreement and any PA, the terms of this Agreement will control unless the PA specifically states that a particular provision in a PA will control over a particular provision in this Agreement, in which event such matter will only be effective with respect to that particular PA. A PA may only be amended via a written amendment to this Agreement executed by Company and Saint Luke’s.