PREMIER PURCHASING PARTNERS, L.P. AMENDMENT NUMBER 7 TO GROUP PURCHASING AGREEMENT CONTRACT #: PP-NS-347 Product Category: Pulse Oximeters Price Decrease and Product Code Change
Exhibit 10.37
*** 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 7 TO GROUP PURCHASING AGREEMENT
CONTRACT #: PP-NS-347
Product Category: Pulse Oximeters
Price Decrease and Product Code Change
This Amendment Number 7 (“Amendment”), is entered into effective May 1, 2008 (the “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. | Price Decrease. Effective as of the Effective Date, Exhibit A-3 Price List to the Agreement is hereby amended to change the prices for the Products listed in the attached Schedule 1. |
| 2. | Product Code Change. Effective as of the Effective Date, Exhibit A-3 Price List to the Agreement is hereby amended to change the product code for the Products listed in the attached Schedule 2. |
| 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. (“Purchasing Partners”) |
Masimo Americas, Inc. (“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, National Accounts | |||||||||
| By: | /s/ Xxxx X. Xxxxxxxx | |||||||||||
| Printed Name: | Xxxx X. Xxxxxxxx | |||||||||||
| Title: | Vice President, Sourcing | |||||||||||
| Amendment 7 Schedule 1 - Price Decrease |
Masimo Americas, Inc. Pulse Oximeters Amendment Effective: 5/1/2008 |
PP-NS-347 | ||||||||||
| Manufacturer |
Item Description |
UOM |
Qty/UOM | Tier 1 Access Price |
Tier 2 |
Tier 3 | ||||||
| 1970 |
LNOP BLUE, 10/BOX, INFANT THUMB/TOE SENSOR | Xxx | 00 | […***…] | […***…] | […***…] | ||||||
* Confidential Treatment Requested
Schedule 1
| Amendment 7 Schedule 2 -Product Code Change |
Masimo Americas, Inc. Pulse Oximeters Amendment Effective: 5/1/2008 |
PP-NS-347 | ||||||||||||
| Old |
New |
Item Description |
UOM | Qty/UOM | Tier 1 |
Tier
2 |
Tier 3 […***…], Total | |||||||
| 9031 |
9153 | OXIMETER HAND-HELD AUDIO/VISUAL ALARM SATURATION/PERFUSION MASIMO PULSE OXIMETER MULTIPARAMETER HGB PERFUSION UPGRADEABLE FUTURE TECHNOLOGY TRENDING MEMORY BLUE SCREEN GRAPHIC DISPLAY | Each | 1 | […***…] | […***…] | […***…] | |||||||
* Confidential Treatment Requested
Schedule 2
