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TERMINATION
AGREEMENT
This
Termination Agreement (the “Agreement” ) is made
and entered into as of May 17 th ,
2009, by and between Cherry Tankers Ltd., a company with its
principle place of business at 6 Maskit St. Herzliya, Israel
(“ Licensor ”), and Elya Orthopedics, a company
with its principal place of business at 78 Sokolov St., Hertzelya,
Israel ( “ Licensee ” ). Each of
the Licensor and the Licensee, a “Party” , and
collectively, the “Parties” .
WHEREAS, the Parties have entered into that certain
License Agreement, dated January 11 th ,
2009 (the “License Agreement”); and
WHEREAS , the Parties wish to terminate the License
Agreement according to the terms and conditions set forth
below;
NOW,
THEREFORE, in
consideration for the promises, representations, covenants and
undertakings set forth herein, the parties hereto hereby agree as
follows:
1.
Definitions. All terms not otherwise defined
herein, shall have the meaning ascribed to them in the
License Agreement.
2.
Termination of License Agreement.
Notwithstanding section 9.1 the License Agreement, the Parties
hereby terminate the License Agreement, effective as of the date
hereof (the “Effective Date”).
3.
Consequences of Terminati
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