THIRD AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE OF CLAIMSSettlement Agreement and Release of Claims • September 2nd, 2016 • Masimo Corp • Electromedical & electrotherapeutic apparatus
This Third Amendment (“Third Amendment”) to the January 17, 2006 Settlement Agreement and Release of Claims (the “Agreement”), as amended pursuant to the January 24, 2006 Amendment to Settlement Agreement and Release of Claims (“First Amendment”) and the January 28, 2011 Second Amendment to Settlement Agreement and Release of Claims (“Second Amendment”) is made and entered into as of the last date of signature below (“Third Amendment Effective Date”), between Masimo Corporation and Cercacor Laboratories, Inc. (formerly Masimo Laboratories, Inc.) (hereinafter “Masimo”), and Medtronic Plc, Covidien LP (as successor to Tyco Healthcare Group LP), Nellcor Puritan Bennett LLC, and Covidien Holding Inc. (as successor to Covidien Inc.) (collectively “Nellcor”) (each individually a “Party” or collectively the “Parties”). Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement.
