Offer Letter, dated April 12, 2010



 Exhibit 10.1 

 

 

 April 12, 2010 

Mr. Tony Allan 
 11 South Pine Circle

 Belleair, FL 33756 
 Dear Tony:

 It is with great pleasure that we extend this formal offer to you to join Masimo as Chief Operations Officer reporting to me. A detailed job
description will be provided during your New Hire Orientation. 
 Terms and conditions of this offer include the following: 

 

			
	Starting Date:	  	No later than May 24, 2010.
		
	Annual Salary:	  	You will be paid a bi-weekly salary of $12,115.38, which for illustrative purposes only, equates to, $315,000 annually.
		
	Annual Bonus:	  	You will be eligible to participate in Masimo’s Bonus Plan for up to 40% of your salary based on Company and individual objectives being met.
		
	Relocation:	  	You agree to relocate your residence to Orange County within 120 days of your Start Date. The Company will reimburse you for up to $75,000 toward relocation costs in accordance
with our Company relocations guidelines (attached).
		
	Benefits:	  	Benefits including health/dental and other insurance, 401(k), vacation, holiday, and sick leave will be per Company policy. Insurance coverage will begin the first of the month
following employment.

 As a member of our Team, you will be eligible to receive options under Masimo’s Stock Option Plan as
determined by the Board of Directors. It will be recommended to the Board to issue you an option to purchase 150,000 shares of Common Stock, vesting 20% per year over five years and exercisable at fair market value at the time the option is
granted. 
 This offer is contingent upon your signing an Employee Confidentiality Agreement and Arbitration Agreement at the start of your
employment, satisfactory verification of your references, background check and drug screening, and confirmation that you are not under any contractual or legal restrictions with a previous employer that may impair your ability to perform your duties
for Masimo. On your first day of employment, you must provide proof of eligibility to work in the United States. 








 Mr. Tony Allan 

April 12, 2010 
 Page 2 of 2 

 

 Employment with Masimo is “at-will” and not for a specific term. This means that either you or
the Company is free to terminate your employment relationship at any time with or without reason or advanced notice. You will receive a copy of Masimo’s Employee Handbook during your new hire orientation. It is your responsibility to
familiarize yourself with the contents of the Handbook as well as Company policies and procedures. 
 This letter sets forth all the terms of
our offer and it supersedes all prior offers, agreements and discussions, whether written or oral. The terms of this offer cannot be modified or amended by any supervisor or by any action of Masimo except a written agreement signed by an officer of
the Company. 
 Please acknowledge your acceptance of this offer by signing below and returning the original. If we have not received your
signed acceptance by April 16, 2010, this offer will be withdrawn. 
 If there are any questions relative to this offer or any aspects of
the Company, please feel free to contact me. We look forward to your joining our Team, and we are confident your employment will be a mutually rewarding experience. 

Sincerely, 
  

					
	 /s/ JOE KIANI
	 		 	 4/12/10

	 Joe Kiani
 Chairman and CEO

	 		 	Date
			
	Offer Acceptance:	 		 	
			
	 /s/ TONY ALLAN
	 		 	 4/14/10

	Tony Allan	 		 	Date