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Royalty Settlement And Release Agreement

Royalty Agreement

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 This Royalty Agreement involves

TIGER X MEDICAL, INC. | Arthrex, Inc | Cardo Medical, Inc | Cardo Medical, LLC | Tiger X Medical, Inc | Tiger X Medical, LLC

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Title: ROYALTY SETTLEMENT AND RELEASE AGREEMENT
Date: 5/11/2016
Industry: Misc. Financial Services     Sector: Financial

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Exhibit 10.1

ROYALTY SETTLEMENT AND RELEASE AGREEMENT

            THIS ROYALTY SETTLEMENT AND RELEASE AGREEMENT (this " Agreement ") is entered into as of the 5 th day of May, 2016 (the " Effective Date ") by and among Tiger X Medical, Inc. (f/k/a/ Cardo Medical, Inc.) (" Tiger X Medical "), Tiger X Medical, LLC (f/k/a Cardo Medical, LLC) (together with Tiger X Medical, " Sellers " and each a " Seller ") and Arthrex, Inc. (" Buyer "). Reference is hereby made to that certain Asset Purchase Agreement, dated as of January 24, 2011, by and among Sellers and Buyer, as amended (the " APA "). Capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them in the APA.

            On June 30, 2016, Buyer hereby irrevocably agrees to pay, and Tiger X Medical hereby irrevocably agrees to accept, an amount equal to Five Million Six Hundred Forty-Two Thousand Three Hundred and Two Dollars ($5,642,302) (the " Royalty Payment ") payable in immediately available funds to the account specified on Exhibit A in full satisfaction of all amounts due or payable or which could become due or payable to Tiger X Medical under or with respect to the APA, whether before, on or after the date hereof.

            Sellers hereby acknowledge and agree that, effective immediately upon the Effective Date, any and all of Buyer's obligations and liabilities under, with respect to, in connection with or otherwise arising out of or relating to the APA (including (without limitation), for the avoidance of doubt, all such obligations and liabilities relating to the Royalty) are unconditionally and irrevocably terminated and released, except for the obligation to pay the Royalty Payment. Sellers hereby acknowledge and agree that from and after the Effective Date, they shall no longer be entitled to exercise any rights or interests or take any actions under, with respect to, in connection with or otherwise arising out of or relating to the APA, except pursuant to Section 6.12 thereof and the first sentence of Section 6.1 thereof, each of which expressly survives the Effective Date and payment of the Royalty Payment.

            Buyer hereby acknowledges and agrees that, effective immediately upon the Effective Date, any and all obligations and liabilities of each Seller under, with respect to, in connection with or otherwise arising out of or relating to the APA (including (without limitation), for the avoidance of doubt, all such obligations and liabilities relating to the Royalty) are unconditionally and irrevocably terminated and released, except for the right to receive Royalty Payment. Buyer hereby acknowledges and agrees that from and after the Effective Date, Buyer shall no longer be entitled to exercise any rights or interests or take any actions under, with respect to, in connection with or otherwise arising out of or relating to the APA, except pursuant to Section 6.12 thereof and the first sentence of Section 6.1 thereof, each of which expressly survives the Effective Date and payment of the Royalty Payment.

In consideration of the agreements made herein, to the fullest extent permitted by Law, Sellers and each of their respective Affiliates, and their respective successors, assigns and heirs, hereby unconditionally and irrevocably release, and covenant not to bring any


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