SECOND AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE OF CLAIMSSettlement Agreement • January 31st, 2011 • Masimo Corp • Electromedical & electrotherapeutic apparatus
Contract Type FiledJanuary 31st, 2011 Company IndustryThis Second 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”), is made this 28th day of January 2011, effective as of March 14, 2011, between Masimo Corporation and Masimo Laboratories, Inc. (hereinafter “Masimo”), and Nellcor Puritan Bennett LLC (formerly known as Nellcor Puritan Bennett, Inc.), Mallinckrodt Inc., Tyco Healthcare Group LP, and Covidien Inc. (as successor-in-interest for purposes of this Second Amendment to Tyco International Ltd. and Tyco International (US) Inc.) (collectively “Nellcor”) (each individually as a “Party” or collectively the “Parties”).