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.
THIRD AMENDMENT TO COVID-19 TESTING LABORATORY SERVICES AGREEMENT
This third amendment (Third Amendment) is made effective as of August 7, 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 the Agreement to establish the quantities of ddPCR specimens subject to the results delivery time guarantees.
NOW, THEREFORE, in consideration of the foregoing and the promises and conditions of this Third Amendment, the parties agree as follows:
|1. || |
All capitalized terms in this Third Amendment shall have the same meaning as defined in the Agreement.
|2. || |
The Agreement shall be amended as follows:
| ||a. || |
DELETE AND REPLACE: Recital Section A shall be deleted in its entirety and replaced with the following:
A. Biodesix operates clinical laboratories that are duly licensed, and are certified under all applicable federal and state statutes and regulations and the Medicare and Medicaid programs, and at which it provides COVID-19 Droplet Digital PCR testing and SARS Co V-2 total antibody testing each of which has been authorized under Emergency Use Authorizations by the FDA (collectively COVID Testing, and each test, individually, a COVID Test).
| ||b. || |
DELETE AND REPLACE: Item b (ii) of Section 1 as amended in the First Amendment shall be deleted in its entirely and replaced with the following:
For any given day that samples are delivered to Biodesix, provided that samples are available foregularly scheduled delivery to Biodesix and not subject to any exceptions listed in Section 3c, and further provided that no more than [***] ddPCR tests are received by Biodesix that day, Biodesix will guarantee to provide (1) test results for at least [***] of the first [***] tests received within [***] hours of sample arrival at Biodesix, and (2) test results for at least [***] of the remaining tests [***] received within [***] hours of sample arrival at Biodesix. For all tests received over [***] tests in any given day, Biodesix shall use best efforts to deliver results as soon as commercially possible. Biodesix will report results to the authorized Hospital personnel using its standard report or other required documentation for the submitted specimen for COVID Testing.
Biodesix-Centura Health (3rd Amd to COVID-19 Testing Agreement)