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EXHIBIT 10.1
AMENDMENT NO. 3 TO
MANAGEMENT SERVICES
AGREEMENT
(Contractor)
This Amendment No. 3 to Management Services
Agreement (this “ Amendment ”) is entered into
this 4 th
day of November, 2008, by and
between OrthoLogic Corp., a Delaware corporation doing business as
Capstone Therapeutics (the “ Company ”) and AGP
Management, LP (“Contractor”), and amends the
Management Services Agreement dated as of May 12, 2006 by and
between the Company and Contractor, as amended by Amendment No.1
dated August 3, 2006 and Amendment No. 2 dated September 1, 2008
(the “ Agreement ”).
1. Section
3(b) of the Agreement is hereby restated to read in its entirety as
follows:
Upon the termination of this Agreement, neither
Contractor, Executive nor Executive’s beneficiaries or estate
shall have any further rights under this Agreement or any claims
against the Company arising out of this Agreement, except that
Contractor shall be entitled to receive accrued and unpaid
Management Fees which are then due and owing as of the date of
termination, and, in the event of a termination by the Company
without caus
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