Notice of Termination of Exclusivity under Abaxis Supply Agreement between Abaxis, Inc. and Becton, Dickinson and Company
Abaxis, Inc. notifies Becton, Dickinson and Company that it is ending Becton Dickinson's exclusive rights under their September 16, 1994 Supply Agreement. The termination is due to Becton Dickinson's failure to meet the required annual minimum order quantities as specified in the agreement. This notice is issued in accordance with Section 2 of the agreement. If Becton Dickinson has questions, they are directed to contact Abaxis.
Exhibit 10.33
Abaxis
1320 Chesapeake Terrace, Sunnyvale, CA 94089
Phone ###-###-####
Fax ###-###-####
December 12, 1997
Becton Dickinson and Company
Law Department
One Becton Drive
Franklin Lakes, NJ ###-###-####
Attention: Vice President & General Manager
Dear Ladies and Gentlemen:
We hereby inform you that we are terminating your exclusivity pursuant to that certain Abaxis Supply Agreement dated September 16, 1994 by and between Abaxis, Inc. and Becton, Dickinson and Company (the "Agreement"). We are terminating your exclusivity pursuant to Section 2 of the Agreement based on your failure to order the annual minimum quantities set forth in Section 2 of the Agreement.
If you have any questions, please contact me.
Very truly yours,
ABAXIS, INC.
By /s/ Ting W. Lu
Ting W. Lu, Vice President of
Finance and CFO
cc: Vice President and General Manger
Becton Dickinson Immunocytometry Systems
San Jose, CA
