May 7, 2007
IDEXX desires to purchase from Moss certain chromogen substrates to be incorporated into various of
IDEXX’s veterinary diagnostic products. Moss hereby agrees to provide IDEXX with such chromogen
substrates described below in such quantities as IDEXX may order from time to time on the following terms and
Payment terms shall be net thirty (30) from the date IDEXX receives Moss’ invoice.
Moss shall pack and ship Products in the manner described on Schedule A , and
otherwise consistent with Moss’ usual practices, which shall be at least reasonably
satisfactory to ensure that the Products are received by IDEXX undamaged. Costs of
packing are included in the Prices set forth on Schedule B .
Confidential Materials omitted and filed separately with the
Securities and Exchange Commission. Asterisks denote omissions.
IDEXX Operations, Inc.
P.O. Box 189
One IDEXX Drive
Pasadena, MD 21123-0189
Westbrook, ME 04092
(“ Moss ”)
(“ IDEXX ”)
The chromogen substrates described and in conformity with the specifications on
Schedule A (the “ Products ”). This Agreement and Schedule A may only be amended
by the parties’ mutual agreement. The parties acknowledge that the terms and conditions
of this Agreement and the quantities of the Products purchased by IDEXX hereunder
shall be treated as confidential information pursuant to the confidential disclosure
agreements previously entered into by the parties on March 1, 2001.
As set forth on Schedule B . Prices are fixed through 31 December 2008. Thereafter,
Moss shall notify IDEXX in writing at least 120 days before each subsequent calendar
year of any changes in the prices of Products; provided, however , that in no event shall
Moss increase prices in any given calendar year greater than [**]%.
Shipping terms are F.O.B. Moss’ facility in Hano