Confidential Treatment Requested
Exhibit 10.2
Amendment to
Prime Vendor Agreement
Between
Standard Management Corporation, ("Customer") and
AmerisourceBergen Drug Corporation
Dated as of March 1, 2006
This Amendment is entered into this 24th day of March, 2006, between
AmerisourceBergen Drug Corporation ("AmerisourceBergen") located at 0000 Xxxxxx
Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 19087 and Standard Management, Inc.
("Customer") and amends that one certain Prime Vendor Agreement between Customer
and AmerisourceBergen dated as of March 1, 2006 ("Agreement").
For good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties agree as follows:
1. The following paragraph is added as Section 6A:
6A. TERMINATION DAMAGES
Customer acknowledges that its Price of Goods and other terms are
based on length of the Agreement. In the event Customer terminates this
Agreement before the expiration of its Term, whether for any reason or no
reason, or in the event of breach of this Agreement by Customer, Customer
agrees to pay the amount of ******* dollars ($******) to ABDC as
liquidated damages and not as a penalty, in addition to any other amounts,
lost profits, or other damages, that may be owed to ABDC.
2. The following paragraph is added to Exhibit 1 as Section 1AA:
AA. ****** VOLUME DISCOUNT
Customer will receive a rebate in the amount of ****** Dollars
($*******) payable ******************, representing a *** volume discount
off the Price of Goods for the **************** ($*****) dollars in
********** in the ******* of this Agreement. In the event that Customer
does not make Net Purchases exceeding ******* dollars ($*******)
**********, Customer agrees that it shall repay an amount equal to the
portion of the rebate not earned. Customer must be compliant with all
terms of this Agreement to be eligible for any rebate under this
paragraph.
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***** Denotes information that has been omitted from this Exhibit pursuant to a
confidential treatment request filed with the Commission.
Confidential Treatment Requested
Exhibit 10.2
3. All other terms and conditions of the Agreement are hereby restated and
affirmed.
Customer: AmerisourceBergen:
Standard Management, Inc. AmerisourceBergen Drug Corporation
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxx XXX
------------------------- ---------------------------
Name: Xxxxxx X. Xxxxxx Name: Xxxxx X. Xxxxx XXX
Title: Chairman, President & CEO Title: V.P. Strategic Accounts
Date: March 24, 2006 Date: March 24, 2006
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***** Denotes information that has been omitted from this Exhibit pursuant to a
confidential treatment request filed with the Commission.
