AMENDMENT NO. 9 TO SUPPLIER PARTNERING AGREEMENT
AMENDMENT NO. 9
TO
THIS AMENDMENT TO SUPPLIER PARTNERING AGREEMENT (this “Amendment”), dated as of December 5, 2022, (the “Amendment Effective Date”) is made and entered into by and between Pacesetter, Inc., with offices at 00000 Xxxxxx Xxxx Xxxxx, Xxxxxx, Xxxxxxxxxx, 00000 (“Buyer”), and NVE Corporation, with a principal place of business at 00000 Xxxxxx Xxxx Xx, Xxxx Xxxxxxx, Xxxxxxxxx, 553443617 (“Seller”).
RECITALS
X.Xxxxx and Seller are parties to that certain SUPPLIER PARTNERING AGREEMENT with an effective date of January 1, 2006; Amendment No. 1 with an effective date of September 6, 2007; Amendment No. 2 with an effective date of December 15, 2009; Amendment No. 3 with an effective date of September 13, 2010; Amendment No. 4 with an effective date of February 1, 2011; Amendment No. 5 with an effective date of April 20, 2016; Amendment No. 6 with an effective date of December 16, 2020; Amendment No. 7 with an effective date of April 12, 2021; and Amendment No. 8 with an effective date of November 10, 2021 (collectively the “Agreement”).
X.Xxxxx and Seller now wish to amend the terms of Agreement as set forth in this Amendment.
NOW, THEREFORE, Xxxxx and Seller agree to amend the Agreement as follows:
1. Xxxxxxx 0, Xxxx of Agreement, is hereby deleted and replaced with the following
1. Term of Agreement. This Agreement begins on January 1, 2006 and will remain in force through December 31, 2023, unless terminated earlier.
2. Attachment 1 is hereby amended to reflect a 2023 price of the following:
Part Number 1071000-001 increase from current price of $** to $**; Part Number 100101124 increase from current price of $** to $** and Part Number 100127071 increase from current price of $** to $**. [These increases are effective with all shipments made after January 11, 2023.]
3.If any provisions of this Amendment and the Agreement conflict, the provisions of this Amendment shall prevail. Except as specifically amended herein, all terms and conditions of the Agreement shall remain in full force and effect.
4. Each party represents that it has authority to enter into this Amendment. This Amendment may be executed in counterparts, each of which for all purposes shall be deemed an original, and all of which constitute, collectively, one agreement. Facsimile or electronically transmitted signatures shall be deemed effective as originals.
The parties have caused this Amendment to be signed by their duly authorized representatives, effective as of the Amendment Effective Date.
9025.3 – NVE Corporation - Supply (Direct) Amended Page 1 of 2
Pacesetter, Inc.
By: /s/ Xxxxxxxx Xxxxxxxxxx______________
Name: Xxxxxxxx Xxxxxxxxxx______________
Title: DVP OPERATIONS+SUPPLY CHAIN
Date: 20 Jan 2023_____________________ | NVE Corporation
By: /s/ Xxx Xxxxxxx____________________
Name: Xxx Xxxxxxx____________________
Title: CFO___________________________
Date: 1/16/23________________________ |
9025.3 – NVE Corporation - Supply (Direct) Amended Page 2 of 2
