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Agmt21 OneMedical
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Agmt21 OneMedical
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Last modified
3/14/2022 2:57:04 PM
Creation date
1/5/2022 11:55:06 AM
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Agreement
Contractor Name
OneMedical
PROJECT NAME
COVID-19 Testing
RMP File Number
304.5
Date
12/2/2021
Amendment
Yes
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Exhibit 1 <br />Lucira COVID-19 All-In-One Test Kits <br />1. Ordering and Delivery. Following execution of this Exhibit 1, as attached to Amendment One, <br />Lucira COVID-19 All-In-One Test Kit (“Kits”) can be ordered and delivered to Customer at the following <br />location: 1017 Middlefield Road, Redwood City, California 94063. Risk of loss and title to Kits passes to <br />Customer upon delivery to such location. Customer shall promptly supply 1Life with any information <br />reasonably requested to enable ordering and delivery of Kits. Customer may request Kits in addition to <br />the Minimum (defined below) in writing (including via email sent to the 1Life account representative for <br />Customer). Orders for additional kits must be in multiples of twenty-four (24), with a minimum of twenty- <br />four (24) Kits requested per order. Orders for additional Kits are not confirmed unless and until accepted <br />by 1Life, in its discretion. All Kits will be provided subject to the terms and conditions of this Amendment <br />and the Agreement. Pricing for the Kits may change over time. 1Life shall use commercially reasonable <br />efforts to notify Customer of any such pricing changes. In the event Customer does not consent to any <br />such pricing change, Customer may exercise its rights to terminate this Exhibit as described below. <br />2. Payment. <br />1Life will charge Customer a fee of sixty-three dollars ($63) per Kit (“Kit Fees”), which is inclusive of a five <br />dollar ($5) administrative fee. Customer agrees to purchase a minimum of ninety-six (96) Kits during the <br />Term (“Minimum”). 1Life will invoice Customer $12,096 (($63x 192 kits) + $2,000 Implementation) <br />following the Amendment Effective Date. Customer shall pay each invoice in accordance with the <br />payment terms of the Agreement. No additional exhibits or amendments are required to order additional <br />Kits. For additional Kits, 1Life will invoice customer following 1Life’s confirmation of Customer’s order. <br />For avoidance of doubt, Customer’s Minimum purchase requirement is not contingent upon the <br />availability of Kits or performance (or failure to perform) on the part of the Kits or Lucira. 1Life and One <br />Medical Group, Inc. shall have no liability for the Kits performance (or failure to perform) or any processing <br />(or failure to process) samples. Customer acknowledges and agrees that availability of Kits and related <br />supplies, such as swabs, may be subject to pandemic-related supply shortages and disruptions; neither <br />1Life nor One Medical shall be liable for any delays, shortages or other disruptions, or processing related <br />to the Kits. <br />3. Customer Requirements and Acknowledgments. Customer shall be solely responsible for <br />distributing Kits to Members. Customer acknowledges and agrees that neither 1Life nor One Medical shall <br />have access to any test results generated by the Kits. Accordingly, neither 1Life nor One Medical shall have <br />any responsibility to report results to any Member or to Customer. <br />4. Implementation Fee. 1Life shall invoice Customer a one-time implementation fee of two <br />thousand dollars ($2,000) following the Amendment Effective Date. Customer shall pay 1Life the <br />implementation fee in accordance with the payment terms in the Agreement. <br />5. Termination for Convenience. This Exhibit 1, as attached to Amendment One shall continue in <br />effect until either the Agreement or this Exhibit is terminated. Either party may terminate this Exhibit for <br />convenience upon not less than thirty (30) days’ prior written notice to the other party. <br />ATTY/AGR.2022/Amend. No.1/One Medical (COVID Testing Kits) (Page 3 of 3)
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