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Amendment No. 1 to Patent and Technology License Agreement
This Amendment No. 1 to Patent and Technology License Agreement
(
"Amendment No. 1") is entered into as of May 5, 2004, (the
"Amendment Effective
Date") by and between Shocking Technologies, Inc., a Delaware
corporation with
principle offices at 5561 Country Club Parkway, San Jose, CA
95138 ("STI"); Oryx
Technology Corp., a Delaware corporation with principle offices
at 4340 Almaden
Expressway, Suite 220, San Jose, CA 95118 ("Oryx") and SurgX
Corporation., a
wholly owned subsidiary of Oryx with principle offices at 4340
Almaden
Expressway, Suite 220, San Jose, CA 95118 ("SurgX" together with
Oryx,
collectively the "Licensor").
WHEREAS, Licensor and STI are parties to that certain Patent
and
Technology License Agreement dated May 5, 2004 ("Agreement");
and
WHEREAS, pursuant to Section 3.1 of the Agreement, STI was to
remit to
Licensor an Initial Fee upon the earlier of either (i) six (6)
months after the
Effective Date of the Agreement or (ii) within thirty (30) days
of STI receiving
its first round of financing ("Initial Fee Payment Date");.
WHEREAS, the parties desire to amend the Initial Fee Payment
Date to
permit the Agreement to otherwise remain in full force and
effect as currently
drafted;
NOW THEREFORE, the parties hereto, for good and valuable
consideration,
the receipt and sufficiency of which are hereby acknowledged,
and intending to
be legally bound hereby, agree as follows: 1. Definitions.
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