Amendment to License and Distribution Agreement between Henry Schein, Inc. and Biolase Technology, Inc. (February 24, 2010)

Contract Categories: Business Finance › Modification Agreements
Summary

Henry Schein, Inc. and Biolase Technology, Inc. have agreed to amend their existing License and Distribution Agreement. This amendment allows Henry Schein, Inc. to provide written notice to extend the agreement for an additional one-year term up until 5:00 p.m. EST on March 3, 2010. All other terms of the original agreement remain unchanged. The amendment is governed by California law and takes precedence over any conflicting terms in the original agreement.

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EX-10.3 4 c01090exv10w3.htm EXHIBIT 10.3 Exhibit 10.3
Exhibit 10.3
Henry Schein, Inc.
135 Duryea Road
Melville, New York 11747
February 24, 2010
Biolase Technology, Inc.
4 Cromwell
Irvine, CA 92618
         
Attention:
  David M. Mulder    
 
  Chief Executive Officer    
Dear Mr. Mulder,
This letter agreement shall serve to amend that certain License and Distribution Agreement by and between Henry Schein, Inc. (“HSI”) and Biolase Technology, Inc. (“Biolase”), dated as of August 8, 2006, as amended (the “Agreement”). Capitalized terms used herein but not defined herein have the meanings set forth in the Agreement.
As of the date set forth above, the parties hereby agree as follows:
Section 6 of the letter agreement, dated February 27, 2009 amending the Agreement, is hereby amended such that HSI may provide written notice of its intent to extend the Agreement for the first additional one year term at any time on or prior to 5:00 p.m. E.S.T., Wednesday, March 3, 2010.
This letter agreement amends certain terms and conditions of the Agreement. All other terms and conditions of the Agreement that are not modified by this letter agreement are hereby ratified and confirmed in all respects, and shall remain in full force and effect. Should there be any conflict between the terms and conditions contained in this letter agreement and the Agreement, the terms and conditions of this letter agreement shall govern and control.
This letter agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California, without regard to conflict of laws principles.
Please acknowledge your agreement to the foregoing terms and conditions by executing this letter agreement.

 

 

 

         
Very truly yours,

HENRY SCHEIN, INC.
 		    
By:   Brian S. Watson      
  Name:   Brian S. Watson     
  Title:   Vice President     
 
ACCEPTED AND AGREED:

BIOLASE TECHNOLOGY, INC.
 		    
By:   David M. Mulder      
  Name:   David M. Mulder     
  Title:   Chief Executive Officer