Second Amendment dated March 24, 2010, to the Supply Agreement, dated December 6, 2007, by and between Cogentix Medical, Inc. and Tyco Healthcare Group LP (d/b/a Covidien)

This Second Amendment, entered into as of the 24th day of March, 2010 (the "Second 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 Felt1 Rd., Minnetonka, MN, 55343 (hereinafter referred to as "Purchaser").

 

WHEREAS, Supplier and Purchaser are both parties to a Supply Agreement, dated December 6th, 2007, which was amended by the First Amendment to Supply Agreement, dated February 26th, 2008 (the "Supply Agreement"); and

 

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

 

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

 

1.1          "Contract Year" shall mean that time period that begins on May 1, 2010 and concludes on April 30, 2011.

 

4.               Exhibit A of the Supply Agreement shall be deleted and replaced with the new Exhibit A attached hereto.

 

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