CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED.
FIRST AMENDMENT TO COVID-19 TESTING LABORATORY SERVICES AGREEMENT
This first amendment (First Amendment) is made effective as of April 23, 2020 (Amendment Effective Date) and shall serve to modify that certain COVID-19 Testing Laboratory Services Agreement dated April 3, 2020 (Agreement) by and between Centura Health Corporation (Hospital) and Biodesix, Inc. (Biodesix).
Biodesix entered into the Agreement to provide Hospital with COVID-19 Testing services. Parties wish to amend Section 5 (Payment) of the Agreement.
NOW, THEREFORE, in consideration of the foregoing and the promises and conditions of this First Amendment, the parties agree as follows:
|1. || |
All capitalized terms in this First Amendment shall have the same meaning as defined in the Agreement.
|2. || |
The Agreement shall be amended as follows:
| ||A. || |
DELETE AND REPLACE: Item b. of Section 1 (Responsibilities of Biodesix) of the Agreement is hereby deleted in its entirety and replaced with the following:
(i) Biodesix will pickup pre-operative test specimens at the previously agreed upon collection times per Hospital collection siteas as listed on Table 1 attached as Exhibit A of this First Amendment. Table 1 may be replaced through amendment upon mutual agreement between Hospital and Biodesix.
(ii) Provided samples are available at the proper times and their delivery is not subject to any exceptions listed in Section 3c, Biodesix will guarantee to provide test results for at least [****] of tests by 12:00 p.m. on the day following pickup by Biodesix from each Hospital collection site. Biodesix will report results to the authorized Hospital personnel using its standard report or other required documentation for the submitted specimen for COVID Testing.
| ||B. || |
ADDITION: To the end of Section 2 (Responsibilities of Hospital):
Hospital shall inform Biodesix of any substantial change to the specimen collection protocols that could impact performance of COVID Testing.
| ||C. || |
ADDITION: A new Item c. to Section 3 (Term and Termination):
Hospital may terminate this Agreement immediately should Biodesix fail to comply to provide the promised percentage of test results within the required
Biodesix-Centura Health (Amd to COVID-19 Testing Agreement)