AMENDMENT TO SECTION A OF EXHIBIT A OF THE DISTRIBUTION AGREEMENT
CERTAIN IDENTIFIED INFORMATION HAS BEEN OMITTED FROM THIS DOCUMENT BECAUSE IT IS NOT MATERIAL AND (I) WOULD BE COMPETITIVELY HARMFUL TO THE REGISTRANT IF PUBLICLY DISCLOSED OR (II) IS INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. SUCH INFORMATION HAS BEEN MARKED WITH “[***]” TO INDICATE WHERE OMISSIONS HAVE BEEN MADE.
AMENDMENT TO SECTION A OF EXHIBIT A OF THE DISTRIBUTION AGREEMENT
FOR THE [ZO MEDICAL I ZO SKIN HEALTH] PRODUCT LINE
1. Preamble. A Distribution Agreement (“Agreement”) for the [ZO Medical / ZO Skin Health] line of products was entered into by and between ZO SKIN HEALTH, INC. (“ZO SKIN HEALTH”) and Cutera, Inc. (“Distributor”) effective as of August 5th, 2013, which is currently in full force and effect. Under Sections 1.6, 1.8, 3.1 and 7.1 of the Agreement, ZO SKIN HEALTH
reserved the right to amend Exhibit A from time to time to reflect changes to the Products and Related Products and the prices of the Products and Related Products. Specifically, the Products,
Related Products, if any, and corresponding prices are identified in Section A of Exhibit A of the Agreement. ZO SKIN HEALTH now wishes to amend Section A of that exhibit.
2. Amendment to Section A of Exhibit A. ZO SKIN HEALTH hereby amends Section A of Exhibit A to reflect the Products, Related Products, if any, and prices set forth on the Revised Schedule of Products attached hereto and incorporated herein by this reference.
3. Effective Date of Revised Schedule of Products. The revised Products, Related Products, if any, and prices set forth in the Revised Sched ule of Products [shall lake effect on / was effective as of] August 21st, 2013.
4. Waiver of Notice and Consent. Distributor hereby waives notice of the change and consents to the Revised Schedule of Products as of the date set forth in paragraph 3 above.
ZO SKIN HEALTH, INC.
Amendment to Section A of Exhibit A of the Distribution Agreement | ||
REVISED SCHEDULE OF PRODUCTS
Section A of Exhibit A is hereby restated as follows:
A. PRODUCTS.
ZO SKIN HEALTH skin care products currently subject to this Distribution Agreement include:
2 | ||
Amendment to Section A of Exhibit A of the Distribution Agreement | ||
REVISED SCHEDULE OF PRODUCTS
Section A of Exhibit A is hereby restated as follows:
A. PRODUCTS.
ZO SKIN HEALTH skin care products currently subject to this Distribution Agreement include:
3 | ||