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

Summary

Physiometrix Inc. and Baxter Healthcare Corporation have agreed to further amend their existing Strategic Alliance and Exclusive Distribution Agreement, originally dated May 31, 2000, and previously amended on October 17, 2000. This amendment updates specific dates in Section 11.3 of the agreement, changing references from October 1, 2000, to October 1, 2001. Both parties have signed this amendment to confirm the changes. All other terms of the original agreement remain unchanged.

EX-10.10 3 a2042883zex-10_10.txt EXHIBIT 10.10 EXHIIT 10.10 AMENDMENT B WHEREAS Physiometrix Inc. ("Physiometrix") and Baxter Healthcare Corporation ("Baxter") entered into a STRATEGIC ALLIANCE AND EXCLUSIVE DISTRIBUTION AGREEMENT ("Agreement") dated May 31st 2000, which was amended by AMENDMENT A signed October 17, 2000 and both Physiometrix and Baxter wish to further amend the Agreement, the parties agree to amend such Agreement as follows: In line 1 of Section 11.3 of the Agreement, "To" shall be changed to -- Starting in the calendar quarter beginning October 1st 2001, to --; and, In line 4 of Section 11.3 of the Agreement (as amended by AMENDMENT A), "October 1st 2000" shall be changed to -- October 1st 2001 --. 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: ----------------------------- ----------------------------