Exhibit 10.9
AMENDMENT NO. 1 TO MANUFACTURING AGREEMENT
THIS AMENDMENT NO. 1 TO MANUFACTURING AGREEMENT (this "Amendment No. 1")
effective as of January 4, 2002, is between VidaMed, Inc., a Delaware
corporation ("VidaMed") and Xxxxxxxx Systems, a Division of Xxxx Zeiss, Inc.
("Xxxxxxxx").
INTRODUCTION
A. VidaMed and Xxxxxxxx are parties to a Manufacturing Agreement,
dated as of January 5, 1999 (the "Manufacturing Agreement"), pursuant to which
and subject to the terms and conditions set forth therein, Xxxxxxxx manufactures
disposable cartridges for the VidaMed TUNA System.
B. Pursuant to Section 15.A. of the Manufacturing Agreement, the term
of the Manufacturing Agreement will expire on January 5, 2002.
C. The parties desire to extend the term of the Manufacturing
Agreement until July 5, 2002.
AGREEMENT
In consideration of the foregoing and of the mutual covenants,
representations, warranties and agreements of the parties set forth in the
Manufacturing Agreement, and intending to be legally bound hereby, VidaMed and
Xxxxxxxx agree as follows:
1. Amendment of Section 15.A. The first two sentences of
-------------------------
Section 15. A. of the Manufacturing Agreement are hereby amended in their
entirety to state as follows:
"This Agreement shall begin on the Effective Date and, unless
terminated earlier pursuant to this paragraph, continue until July
5, 2002, at which time this Agreement shall terminate. It is
contemplated by the parties that they will review their
relationship during the ninety (90) days immediately preceding its
termination to determine whether and on what terms the
relationship may be continued upon mutual agreement."
2. No Other Changes. Except as specifically amended by this
----------------
Amendment No. 1, all other provisions of the Manufacturing Agreement, as amended
through the date hereof, remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be duly executed effective as of the day and year first written above.
VIDAMED, INC.
By: /s/ Xxxxxxx Xxxxxxxx
-------------------------
Name: Xxxxxxx Xxxxxxxx
-------------------------
Title Chief Operating Officer
-------------------------
XXXXXXXX SYSTEMS, A DIVISION OF
XXXX XXXXX, INC.
By: /s/ Xxxxx Xxxx
-------------------------
Name: Xxxxx Xxxx
-------------------------
Title Vice President Operations
-------------------------
2
