EXHIBIT 10.13
FIRST AMENDMENT TO DISTRIBUTION
AGREEMENT
This First Amendment to Distribution Agreement
(“Amendment”) is made and entered into as of this 23rd
day of August 2007 (“Amendment Effective Date”) by and
between Boston Scientific Corporation, One Boston Scientific Place,
Natick, MA 01760 (“BSC”) and Bovie Medical Corporation,
7100 30 th
Avenue N, St. Petersburg, FL 33710
(“Bovie”).
RECITALS:
WHEREAS, the
Parties entered into that certain Distribution Agreement dated as
of October 6, 2006 (the “Agreement”);
WHEREAS,
capitalized terms used but not otherwise defined herein have the
meaning set forth in the Agreement (defined below);
WHEREAS,
pursuant to the terms of the Agreement set forth in Section
9.5(iv), the Parties may modify the Agreement only by a writing
signed by both Parties; and
WHEREAS, the
Parties have negotiated new terms respecting (i) pricing of Product
manufactured by Bovie ** ** to the
** **, other than (a) Product ordered on the
** ** Order or (b) Product ordered by BSC
** ** to the ** ** for customer
training and customer sampling
(** **Product”), (ii) the
addition of ** **, and the removal of
** ** as the ** ** vendor for the
** ** assembled to it (each being a separate
component and collectively referred to herein as the
** **, and each set of ** ** and
** ** being referred to herein as a
** **, and (iii) Seller’s obligations under
Section 3.2 (Seller’s Vendors) particularly directed to
** **
NOW, THEREFORE,
in consideration of the foregoing recitals (which are incorporated
herein and made a part hereof) and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the
Parties agree as follows.
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Amendment . As of the Amendment Effective Date,
the f
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