The symbol [***] is used to indicate that a portion of the exhibit has been omitted and filed separately with the commission.
Confidential treatment has been requested with respect to the omitted portion.
AMENDMENT AND AGREEMENT
This Amendment and Agreement (this "Amendment"), dated as December 20 2002, by and between Cepheid ("SUPPLIER") and
Fisher Scientific Company L.L.C. ("FISHER") amends the January 10, 2000 letter agreement and the August 30, 2001
modification and restatement of such letter agreement (together, the "Distribution Agreement").
Paragraph 2(b) of the Distribution Agreement is deleted in its entirety and replaced by the following:
b. Market Scope. FISHER is hereby designated an authorized non-exclusive distributor of the Products in the
following markets: [***] (collectively, the "Yield"). Specifically included within the Field are research activities in
the [***] . Specifically excluded from the Field are[***] (including applications subject to regulatory labeling
including "For Investigational Use Only" or "For Research Use Only"), [***]
2. Paragraphs 2(c), 2(e), 2(t), 2(g) 2(h) and 2(i) of the Distribution Agreement are deleted in their entirety.
Paragraph 3 of the Distribution Agreement is deleted in its entirety and replaced by the following
3. Product Prices . From the date of the Amendment, the Product list prices and discounts to FISHER shall be as
listed in the revised Exhibit A attached to the Amendment. These prices shall be firm through December 31, 2003;
these discounts shall be firm through the May 31. 2004 initial term of the Distribution Agreement. Prices may be
increased by SUPPLIER no more than once in any 12 month period, with SUPPLIER providing FISHER with
notice of increased prices no less than 90 days prior to the effective date (which effective date shall be no earlier
than January 1, 2004) of such increased prices. No such price increase shall exceed the most recently published
percentage price increase in the Producer Price