PREMIER PURCHASING PARTNERS, L.P. AMENDMENT NUMBER 9 TO GROUP PURCHASING AGREEMENT CONTRACT #: PP-NS-347 Product Category: Pulse Oximeters Product Additions and Deletions
Exhibit 10.39
*** Text Omitted and Filed Separately
Confidential Treatment Requested
Under 17 C.F.R. §§ 200.80(b)(4)
and 17 C.F.R. 24b-2
PREMIER PURCHASING PARTNERS, L.P.
AMENDMENT NUMBER 9 TO GROUP PURCHASING AGREEMENT
CONTRACT #: PP-NS-347
Product Category: Pulse Oximeters
Product Additions and Deletions
This Amendment Number 9 (“Amendment”), is entered into effective February 28, 2009 (the “Amendment Effective Date”), and shall amend and modify the Group Purchasing Agreement (Contract #: PP-NS-347) by and between Premier Purchasing Partners, L.P. (“Purchasing Partners”), and Masimo Americas, Inc. (“Seller”), dated effective March 1, 2006 (the “Agreement”), as follows:
| 1. | Addition of Products. Effective as of the Amendment Effective Date, Exhibit A-3 Price Lists to the Agreement is hereby amended to add the Products set forth in Schedule 1 hereto. The price of such Products and other pertinent information concerning such Products is also set forth in Schedule 1 hereto. |
| 2. | Deletion of Products. Effective as of the Amendment Effective Date, Exhibit A-3 Price Lists to the Agreement is hereby amended to delete the Products set forth in Schedule 1 hereto. The price of such Products and other pertinent information concerning such Products is also set forth in Schedule 1 hereto. |
| 3. | Other Terms and Conditions. All other terms and conditions of the Agreement shall remain in full force and effect. |
This Amendment is hereby executed as of the Effective Date by the parties’ authorized representatives set forth below.
| PREMIER PURCHASING PARTNERS, L.P. |
Masimo Americas, Inc. | |||||||||||
| (“Purchasing Partners”) | (“Seller”) | |||||||||||
| By: | PREMIER PLANS, L.L.C., Its General Partner |
|||||||||||
| By: | /s/ Xxxxxx Xxxxxxx | By: | /s/ Xxx Xxxxx | |||||||||
| Printed Name: | Xxxxxx Xxxxxxx | Printed Name: | Xxx Xxxxx | |||||||||
| Title: | Vice President, Operations | Title: | Vice President, Sales and Strategic Accounts | |||||||||
| By: | /s/ Xxx Xxxxx | |||||||||||
| Printed Name: | Xxx Xxxxx | |||||||||||
| Title: | Vice President, Contract Management | |||||||||||
| Amendment 9 Schedule 1 - Product additions and deletions |
Masimo Americas, Inc. Amendment effective: 02/28/2009 |
PP-NS-347 | ||||||||||||
| Change |
Product Code |
Product description |
UOM | Qty/ UOM |
TIER 1 |
TIER 2 |
TIER 3 | |||||||
| Product deletion |
9019 | Configurable, Rad-8, Horizontal | Each | 1 | […***…] | […***…] | […***…] | |||||||
| Product deletion |
9020 | Configurable, Rad-8, Vertical | Each | 1 | […***…] | […***…] | […***…] | |||||||
| Product addition |
9190 | Configurable, Rad-8, Horizontal | Each | 1 | […***…] | […***…] | […***…] | |||||||
| Product addition |
9191 | Configurable, Rad-8, Vertical | Each | 1 | […***…] | […***…] | […***…] | |||||||
| Schedule 1 | * Confidential Treatment Requested |
