Amendment No. 2 to Distribution & Inventory Management Services Agreement between Cardinal Health and Prometheus Laboratories Inc.

Contract Categories: Business Operations › Distribution Agreements
Summary

This amendment, dated April 13, 2006, is between Cardinal Health and Prometheus Laboratories Inc. It cancels Cardinal Health's previous notice to terminate their Distribution & Inventory Management Services Agreement and extends the agreement's term until December 31, 2007. All other terms of the original agreement remain unchanged. Both parties have agreed to these changes by signing the amendment.

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EX-10.33 8 a2182860zex-10_33.htm EXHIBIT 10.33
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Exhibit 10.33

April 13, 2006

Sid Geller
Cardinal Health
7000 Cardinal Place
Dublin, OH 43017

Re:
AMENDMENT NO. 2 to the Distribution & Inventory Management Services Agreement

Dear Mr. Geller,

        THIS AMENDMENT NO. 2, dated as of April 13, 2006 (the "AMENDMENT"), by and between Cardinal Health ("Cardinal") with its principle place of business located at 7000 Cardinal Place, Dublin, OH 43017 and Prometheus Laboratories Inc. ("Prometheus") with its principle place of business located at 9410 Carroll Park Drive, San Diego, CA 92121, amends the Distribution & Inventory Management Service Agreement ("DSA") dated as of June 1st, 2004 by and between Cardinal and Prometheus as follows:

            1.     This AMENDMENT shall void Cardinal's notice of termination to the DSA dated March 16, 2006.

            2.     The first sentence in Article 3, Section 3.1 of the DSA shall be amended to read as follows: "This Agreement shall remain in full force and effect until December 31, 2007." Except as amended by this AMENDMENT and AMENDMENT NO. 1, all terms and conditions of the DSA shall remain in full force and effect.

        Your signature below will acknowledge your agreement with the above statements and indicate your intent to be legally bound by its content.

Sincerely,    

/s/  PAUL SKOCZELAS      
Paul Skoczelas
Senior Manager, Trade Relations
Prometheus Laboratories Inc.
 
 

Accepted and agreed to by:

Prometheus Laboratories Inc.   Cardinal Health

/s/  RON ROCCA      
Ron Rocca
VP and General Manager GI
 
/s/  SID GELLER      
Sid Geller
Vice President, Supply Chain Purchasing


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    Exhibit 10.33