CDEX Inc. The Technology Development CompanyReseller Agreement • February 2nd, 2007 • Cdex Inc • Measuring & controlling devices, nec
As we have discussed, Baxa Corporation ("Baxa") and CDEX Inc ("CDEX") would like to amend the Reseller Agreement between Baxa and CDEX dated November 7, 2005 ("Agreement"). Accordingly, for good and valuable consideration, the sufficiency of which is agreed to by both parties, Baxa and CDEX agree as follows: 1. CDEX waives all purchase requirements contained in Section 3.4 of the Agreement for the first and second Calendar Years (as defined in the Agreement) associated with Baxa's exclusive distributor status. 2. Baxa's quarterly purchase requirements stated in Section 3.4 of the Agreement for the second Calendar Year (as defined in the Agreement) are eliminated. 3. The installation and implementation services noted in Section 4.6 will be performed by CDEX or Baxa, at Baxa's option, as discussed in Section 5.7(c). 4. With regard to the products that Baxa has purchased from CDEX to date that have not been shipped to designated clients, CDEX will continue to hold those products in its wa
