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.
Exc
