First Amendment dated February 26, 2008, to the Supply Agreement, dated December 6, 2007, by and between Cogentix Medical, Inc. and Tyco Healthcare Group LP (d/b/a Covidien)

This First Amendment, entered into as of the 26th day of February, 2008 (the "First Amendment"), is by and between Tyco Healthcare Group LP (d/b/a Covidien), a Delaware limited partnership, acting through its Uni-Patch Division, having a place of business at 1313 West Grant Boulevard, Wabasha, Minnesota 55981 (hereinafter referred to as "Supplier"), and Uroplasty, Inc., a Minnesota corporation, having a place of business at 5420 Fern Rd., Minnetonka, MN, 55343 (hereinafter referred to as "Purchaser").

 

WHEREAS, Supplier and Purchaser are both parties to a Supply Agreement, dated December 6th', 2007 (the "Supply Agreement"); and

WHEREAS, the parties now wish to amend the Supply Agreement as contained in this First Amendment.

 

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties mutually agree as follows:

 

1.             Section 1.1 of the Supply Agreement shall be deleted and replaced with the following:

 

1.1          "Contract Year" shall mean, with respect to the first Contract Year, that time period that begins with the Effective Date of the Agreement and concludes on April 30, 2009, and, with respect to the second Contract Year, that time period that begins on May 1, 2009 and concludes on April 30, 2010.

 

 

All other terms of the Supply Agreement not specifically amended herein shall remain unchanged.