EX-10.2: FIRST AMENDMENT TO TISSUE RECOVERY AGREEMENT

EX-10.2 3 y34573exv10w2.htm EX-10.2: FIRST AMENDMENT TO TISSUE RECOVERY AGREEMENT EX-10.2
 

Exhibit 10.2
First Amendment to Tissue Recovery Agreement between Osteotech, Inc. and
Community Blood Center d/b/a Community Tissue Services
     This First Amendment to the Tissue Recovery Agreement dated as of March 1, 2006 (the “Agreement”) between Osteotech, Inc., a Delaware corporation with offices 51 James Way, Eatontown, New Jersey 07724 (“Osteotech”), and Community Blood Center d/b/a Community Tissue Services, an Ohio nonprofit organization with offices at 349 South Main Street, Dayton, Ohio ###-###-#### (“CTS”), is effective as of February 14, 2007 (the “Amendment Effective Date”). Capitalized terms used and not otherwise defined in this First Amendment have the meanings set forth in the Agreement.
     WHEREAS, the parties wish to amend the Agreement with regard to the amount of Bone Tissue that CTS will deliver to Osteotech.
     NOW, THEREFORE, in consideration of the mutual covenants exchanged herein, the parties agree as follows:
  1.   Section 1.1.1 (c) of the Agreement is hereby amended to delete the second sentence and replace it with “CTS shall endeavor to provide a minimum of ***** units of donor Bone Tissue per calendar month.”
 
  2.   Exhibit C, Tissue Reimbursement Fee Schedule, is hereby amended to change the fee to $*** per unit of donor Bone Tissue as permitted under Section 1.1.2. of the Agreement.
     IN WITNESS WHEREOF, the parties have hereunto set their hands as of the Amendment Effective Date.
                             
Osteotech, Inc.       Community Blood Center
d/b/a Community Tissue Services
   
 
                           
By:         /s/ Sam Owusu-Akyaw       By:   /s/ Julia M. Belden    
                     
 
  Name:     Sam Owusu-Akyaw           Name:   Julia M. Belden    
 
                           
 
  Title:     Chief Executive Officer           Title:   Chief Financial Officer