Amendment A to Strategic Alliance and Exclusive Distribution Agreement between Physiometrix Inc. and Baxter Healthcare Corporation

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Summary

Physiometrix Inc. and Baxter Healthcare Corporation have agreed to amend their existing Strategic Alliance and Exclusive Distribution Agreement, originally dated May 31, 2000. The amendment specifically changes the wording in Section 11.3 to clarify that a particular provision will take effect starting in the calendar quarter beginning October 1, 2000. Both parties have signed this amendment to confirm their agreement to the change.

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EX-10.9 2 a2042883zex-10_9.txt EXHIBIT 10.9 EXHIBIT 10.9 AMENDMENT A WHEREAS Physiometrix Inc. ("Physiometrix") and Baxter Healthcare Corporation ("Baxter") entered into a STRATEGIC ALLIANCE AND EXCLUSIVE DISTRIBUTION AGREEMENT ("Agreement") dated May 31st 2000, and both Physiometrix and Baxter wish to amend the Agreement, the parties agree to amend such Agreement as follows: In line 4 of Section 11.3 of the Agreement, "To" shall be changed to -- Starting in the calendar quarter beginning October 1st 2000, to --. In witness whereof, the parties hereto have caused this Amendment to be executed, in duplicate, by their duly authorized officers on the dates set forth below. Baxter Healthcare Corporation Physiometrix Inc. By: By: --------------------------------- ---------------------------- David C. McKee Signature Title: Corporate Vice President and Title: Deputy General Counsel ------------------------ Date: Date: ------------------------------ -------------------------