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2005 AMENDMENT TO AGILENT/BRUKER ITMS COLLABORATION AGREEMENT
AND AGILENT/BRUKER OEM AGREEMENT ("2005 AMENDMENT")
This amendment to the agreements referenced above and described in more detail below, effective February 25, 2005 (the
"Effective Date of this 2005 Amendment"), represents a definitive agreement between Agilent and Bruker as to the terms stated
Hewlett-Packard Company and Bruker Daltonik GmbH ("Bruker") entered into an Agreement titled ITMS Collaboration
Agreement, effective as of April 28, 1999 (the "ITMS Collaboration"), which is operating and currently in effect for an extension
term as of the Effective Date of this 2005 Amendment. Bruker and Hewlett-Packard Company entered into an original equipment
manufacturer agreement ("OEM Agreement"), dated January 1, 1999, also operating and currently in effect for an extension term.
Both Agreements have been amended from time to time. Hewlett Packard Company assigned to and Agilent Technologies, Inc.
("Agilent") assumed the rights and obligations of the ITMS Collaboration, the OEM Agreement, various amendments to both
agreements, and all purchase agreements attendant thereto.
For good and valuable consideration deemed paid and received, the parties hereby agree as follows:
1. As of the Effective Date of this 2005 Amendment, Agilent will include on Exhibit 1004 to the OEM Agreement its
current HPLC Infusion Chip: Product # G4240-61001; the HPLC Analytical Chip: Product #G4240-62001 as well as the HPLC-Chip
Cube Interface: Product #G4240A provided that use by Bruker is solely for and with Bruker's ITMS and FTMS products.
BRUKER understands that the HPLC Chip Cube Interface shall require use of an Agilent "HPLC-Chip and nanoLC-Pump."
Agilent understands that Bruker shall be technically enabled by Agilent (in accordance with Section 4 of the Amendment to the
ITMS Collaboration and OEM Agreement dated F