Second Amendment to Consulting Agreement between Pulmonx International Sàrl and Orsco Life Sciences AG
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Summary
This amendment updates the compensation terms in the consulting agreement between Pulmonx International Sàrl and Orsco Life Sciences AG. The consultant's annual fee is increased in stages, with specific rates and effective dates, and payment is made quarterly after invoicing. The higher rate continues for a set period after a new CEO is appointed, then reverts to a lower rate. All other terms of the original agreement remain unchanged. The amendment is effective as of June 2, 2014.
EX-10.13 12 exhibit1013s-1xsecondamend.htm EXHIBIT 10.13 Exhibit

Exhibit 10.13

SECOND AMENDMENT TO CONSULTING AGREEMENT
Exhibit A to the Consulting Agreement (the “Agreement”) between Pulmonx International Sàrl (“Company”) and Orsco Life Sciences AG (“Consultant”) effective as of October 1, 2013, as amended as of March 1, 2014 is hereby amended and restated to read as follows:
“EXHIBIT A
COMPENSATION
1. In consideration of Consultant’s performance of the Services outlined in Section 1, above, Company will pay Consultant the annual rate of 148,000 Swiss Francs in arrears after the end of each calendar quarter, within 30 days following the receipt of invoices; provided that (a) effective as of March 1, 2014, Company will pay consultant the annual rate of 196,000 Swiss Francs in arrears after the end of each calendar quarter, within 30 days following the receipt of invoices, and (b) effective as of June 2, 2014, Company will pay Consultant the annual rate of 306,000 Swiss Francs in arrears after the end of each calendar quarter within 30 days following the receipt of invoices. At such time as the Board of Directors of Pulmonx Corporation, the parent corporation of Company, appoints a new Chief Executive Officer of Pulmonx Corporation, Company will continue to pay Consultant at the annual rate of 306,000 Swiss Francs until the later of (i) 90 days after such appointment or (ii) December 31, 2014, at which time the payment will revert to the annual rate of 196,000 Swiss Francs.”
Those changes will be effected and become part of the Consulting Agreement as of June 2, 2014. With the exception of the above modifications, all other provisions of the Consulting Agreement remain full in force and effect.
Place and date | Place and date | |||||
Neuchâtel, July 14, 2014 | Zug 13/7/2014 | |||||
Company | Consultant | |||||
Pulmonx International Sàrl | Orsco Life Sciences AG | |||||
By: | /s/ Martin Schneider | By: | /s/ Oern Stuge | |||
Name: | Martin Schneider | Name: | Oern Stuge | |||
Title: | VP & CFO |
Pulmonx International Sàrl, Rue de la Treille 4, CH-2000 Neuchàtel - www.pulmonx.com