Mutual Consent to Termination of Asset Purchase Agreement between MacroPore Biosurgery, Inc. and Medicis Ventures Management GmbH
MacroPore Biosurgery, Inc. and Medicis Ventures Management GmbH have mutually agreed to terminate their Asset Purchase Agreement dated December 13, 2003. Both parties confirm that the agreement has not been amended and that the termination is by mutual consent, with no liability or further claims against each other arising from the agreement, except for provisions in Section 12.13, which will remain in effect. This termination is effective as of May 7, 2004.
EXHIBIT 10.17
Date: May 7, 2004
MUTUAL CONSENT TO TERMINATION
OF ASSET PURCHASE AGREEMENT
The Asset Purchase Agreement dated December 13, 2003 between MacroPore Biosurgery, Inc. and Medicis Ventures Management GmbH, which the parties hereby confirm has never been amended or modified (the “Agreement”), is hereby terminated by mutual consent under Section 10.1(c) thereof. The parties hereby agree that this termination is without liability of either party to the other, and each of the parties hereby forgives, releases and waives any and all rights and claims against the other arising under or in connection with the Agreement, to the extent such rights and claims arose upon or before such termination of the Agreement; provided, that the parties hereby confirm that Section 12.13 of the Agreement shall survive termination of the Agreement as expressly provided in Section 12.13.
|
|
| MACROPORE BIOSURGERY, INC. | |
|
|
|
|
|
|
|
| By: | /s/ Charles E. Galetto |
|
|
| Name: | Charles E. Galetto |
|
|
| Title: | Sr. Vice President Finance |
|
|
| MEDICIS VENTURES MANAGEMENT | |
|
|
|
|
|
|
|
| By: | /s/ Kai Deusch |
|
|
| Name: | Dr. Kai Deusch |
|
|
| Title: | Managing Director (CEO) |
