AMENDMENT NO. 1 TO PRODUCT SCHEDULE
Exhibit 10.2
*Certain information where indicated below in brackets has been excluded from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed*
AMENDMENT NO. 1
TO
PRODUCT SCHEDULE
This Amendment is made effective as of the last date indicated on the signature page hereto, by and between Cardiovascular Systems, Inc. (“CSI”) and Fresenius Kabi AB (“Fresenius”).
WHEREAS, CSI and Fresenius entered into a Supply Agreement dated as of April 4, 2011 and a related Product Schedule (the “Product Schedule”); and
WHEREAS, the parties wish to amend certain terms of the Product Schedule.
NOW, THEREFORE, the parties agree as follows:
1. CSI’s address is hereby changed to 0000 Xxx Xxxxxxx 0 XX, Xx. Xxxx, XX 00000, XXX.
2. Section 1 of PART A of the Product Schedule is hereby deleted in its entirety and replaced with the following:
“1. Product
Intralipid (injectable lipid emulsion) 10% in a final dosage form, packaged and labeled with CSI’s proprietary trademark in a 100mL FreeFlex (Biofine) bag, meeting the Specifications.
3. Section 1 of PART C of the Product Schedule is hereby deleted in its entirety and replaced with the following:
“1. Price
Price in 2016: $[*******] per container
Price after 2016:
Containers ordered / year | Price [USD] per container | ||||
≥ [*******] containers | $[*******] | ||||
≥ [*******] containers | $[*******] | ||||
≥ [*******] containers | $[*******] |
Price FCA (Incoterms 2010)
100% optical control
Batch size = 15,500 containers
Raw materials and packaging materials prices given by FRESENIUS standard suppliers.
Product related registration fees (e.g., according to 21 CFR 820) are not included and have to be borne by CSI.”
4. Except as set forth herein, all provisions of the Product Schedule will remain in full force and effect without modification.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the dates indicated below.
CARDIOVASCULAR SYSTEMS, INC.
By: /s/ Xxxxxxxx X. Xxxxxxxxx
Name: Xxxxxxxx X. Xxxxxxxxx
Title: CFO
Date: 3/2/16
FRESENIUS KABI AB FRESENIUS KABI AB
By: /s/Xxxxx Xxxxxxxxxxx By: /s/Xx. Xxxxxx Xxxxxxx
Name: Anton Gerndenitsh Name: Xx. Xxxxxx Xxxxxxx
Title: Head of Market Unit Title:
Contract Manufacturing
Date: March 9, 2016 Date: March 17, 2016