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Cleveland BioLabs,
Inc.
73 High
Street
Buffalo, New York
14203
c/o Cleveland
BioLabs, Inc.
Re: Amendment
to Employment Agreement dated August 1, 2004
Pursuant to
Section 14.11 of the Employment Agreement dated August 1, 2004,
(the “Employment Agreement”) by and between you
(“Executive”) and Cleveland BioLabs, Inc. (the
“Company”) and in order to maintain compliance with
Section 409A of the Internal Revenue Code of 1986, as amended, the
Employment Agreement shall be amended and modified to incorporate
the following as Section 14.12:
“Section
14.12 Section 409 A .
(a) This
Agreement is intended to comply with Section 409A of the Internal
Revenue Code of 1986, as amended ("Section 409A") and shall, to the
extent practicable, be construed in accordance therewith.
Accordingly, notwithstanding anything in this Agreement to the
contrary, if the Company determines that Executive is a "specified
employee" (as defined in Code Section 409A(a)(2)(B)(i)) at the time
of his or her Separation from Service (as defined under Section
409A) and any amount pay
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