EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances) • Colorado
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into by and between Heska Corporation, a Delaware corporation with its principal office at 1613 Prospect Parkway, Fort Collins, Colorado 80525 ("Company") and Joseph H. Ritter ("Employee"), effective as of May 1, 2004.
SUPPLY AND DISTRIBUTION AGREEMENTSupply and Distribution Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances) • Colorado
This letter confirms our agreement to interpret and supplement the Distribution Agreement as follows (capitalized terms not otherwise defined herein have the meanings ascribed to them in the Distribution Agreement):
SUPPLY AND LICENSE AGREEMENTSupply and License Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances) • Delaware
This Agreement is entered into on 1 August 2003 ("Effective Date"), by and between Heska Corporation, a Delaware corporation, having a principal place of business at 1613 Prospect Parkway, Fort Collins, Colorado 80525 ("Heska") and Schering-Plough Animal Health Corporation, a Delaware corporation, having a place of business at 1095 Morris Avenue, Union, New Jersey 07083-1982 ("Schering").
SECOND AMENDMENT TO AMENDED AND RESTATED BOVINE VACCINE DISTRIBUTION AGREEMENTBovine Vaccine Distribution Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances) • Iowa
This Second Amendment ("Second Amendment") is entered into as of the 10th day of December, 2004 ("Effective Date") by and between DIAMOND ANIMAL HEALTH, INC., an Iowa corporation with offices at 2538 Southeast 43rd Street, Des Moines, Iowa 50317 ("Diamond") and AGRI LABORATORIES, LTD., a Delaware corporation, with offices at 20927 State Route K, St. Joseph, Missouri 64505 ("Distributor") as an amendment to that certain Amended and Restated Bovine Vaccine Distribution Agreement dated as of September 30, 2002 between Diamond and Distributor (the "Original Agreement"), as amended by that certain First Amendment dated as of September 20, 2004 (the "First Amendment") (together, the "Agreement").
NET LEASE AGREEMENT between CCMRED 40, LLC (as Landlord) and HESKA CORPORATION (as Tenant) NET LEASE AGREEMENTNet Lease Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances)
THIS NET LEASE AGREEMENT ("Lease"), dated effective as May 24, 2004, is entered into by and between CCMRED 40, LLC, a Colorado Limited Liability Company ("Landlord"), and HESKA CORPORATION, a Delaware Corporation ("Tenant").
DISTRIBUTION AGREEMENTDistribution Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances) • Colorado
THIS AGREEMENT entered into as of this 16th day of February, 2001 ("Effective Date"), by and between ARKRAY Inc., a Japanese corporation, having its principal office at 57 Nishi Aketa-cho, Higashikujo, Minami-ku, Kyoto 601-8045, Japan (hereinafter referred to as "ARK"), and Heska Corporation, Delaware corporation having its principal office at 1613 Prospect Parkway, Fort Collins, Colorado 80525, U.S.A. (hereinafter referred to as "Heska").
SEPARATION, CONSULTING AND RELEASE AGREEMENTSeparation Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances) • Colorado
This Separation and Release Agreement (the "Agreement") is made between (i) Dan Stinchcomb ("Employee") and (ii) Heska Corporation (the "Company"). Employee and the Company are referred to collectively as the "Parties" and individually as a "Party."
DISTRIBUTION AGREEMENTDistribution Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances)
i-STAT warrants this medical product (excluding disposable or consumable supplies) against defects in materials and workmanship for one year from the date of shipment. If i-STAT receives notice of such defects during the warranty period, i-STAT shall, at its option, either repair or replace products which prove to be defective. With respect to software or firmware, if i-STAT receives notice of defects in these products during the warranty period, i-STAT shall repair or replace software media and firmware which does not execute their programming instructions due to such defects. i-STAT does not warrant that the operating of the software, firmware or hardware shall be uninterrupted or error free. If i-STAT is unable, within a reasonable time, to repair or replace any product to a condition as warranted, Buyer shall be entitled to a refund of the purchase price upon return of the product to i-STAT.
SEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • March 31st, 2005 • Heska Corp • Biological products, (no disgnostic substances)
This Amendment, dated as of February 21, 2005, is made by and between Heska Corporation, a Delaware corporation ("Heska"), Diamond Animal Health, Inc., an Iowa corporation ("Diamond") (each of Heska and Diamond may be referred to herein individually as a "Borrower" and collectively as the "Borrowers"), and Wells Fargo Business Credit, Inc., a Minnesota corporation (the "Lender").
