EXHIBIT 10.36 FIRST AMENDMENT TO TECHNOLOGY LICENSE AGREEMENT BETWEEN SALUMEDICA, LLC AND SPINEMEDICA CORPTechnology License Assignment Agreement |
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EXHIBIT 10.36
FIRST AMENDMENT TO TECHNOLOGY LICENSE AGREEMENT
BETWEEN
SALUMEDICA, LLC
AND
SPINEMEDICA CORP.
THIS FIRST AMENDMENT TO TECHNOLOGY LICENSE AGREEMENT (this “ Amendment ”) is entered into as of the 3rd day of August, 2007 (the “ Effective Date ”), by and between SaluMedica, LLC, a Georgia limited liability company (“ Licensor ”), and SpineMedica Corp., a Florida corporation (“ SpineMedica ”; and, together with any subsidiary, sublicensee, successor, or assignee of SpineMedica, “ Licensee ”), under the following circumstances:
WHEREAS, Licensor and Licensee entered into that certain Technology License Agreement, dated August 3, 2007 (the “ License Agreement ”), concerning Licensed Technology (as defined therein) for all neurological and orthopedic uses, including muscular and skeletal uses, related to the rotator cuff and the hand (excluding the wrist); and
WHEREAS, Licensor and Licensee desire to make certain amendments to the License Agreement;
NOW, THEREFORE, in consideration of ten U.S. dollars ($10.00) in hand paid and the promises, representations, and mutual covenants contained herein, the parties hereto, intending to be legally bound, mutually agree as follows:
1. Definition of SaluBridge . The License Agreement is hereby amended by adding the following definition:
“‘SaluBridge’ means that certain product or device known as ‘SaluBridge Nerve Cuff’ or ‘SaluMedica Nerve Cuff’ made out of Salubria ™ Biomaterial for which a Section 510(k) notification (no. K002098) was filed with the U.S. Food and Drug Administration on September 25, 2000.”
2. Exclusion of SaluBridge . The License Agreement is hereby amended by deleting Section 1.13 thereof (the definition of “Licensed Product”) and Section 1.14 thereof (the definition of “Licensed Technology”) in their entirety and inserting in lieu thereof the following:
“‘Licensed Product’ means any product or device (other than the SaluBridge to the extent it may be used to provide a protective environment for peripheral nerve repair after injury) that is developed, manufactured, produced, expressed, used, or licensed for use by Licensee, its affiliates, successors, or sublicensees, or t






