THIRDAMENDMENT TO AMENDED AND RESTATED MASTER SERVICES AND SUPPLY AGREEMENT
Exhibit 10.2
Execution version
THIRD AMENDMENT TO AMENDED AND
RESTATED MASTER SERVICES AND SUPPLY AGREEMENT
This agreement is effective as of the date it is executed by all parties and amends the Amended and Restated Master Services and Supply Agreement (the Agreement) between Universal Biosensors Pty. Ltd. and Universal Biosensors, Inc. on the one hand and Cilag GmbH International on the other as follows.
1. | Clause 19.3 is hereby amended by adding the following at the end of the existing clause: |
Notwithstanding the forgoing, clause 11, including LifeScan Europes obligations to pay the Quarterly Service Fee thereunder, will survive termination of this Agreement in accordance with the respective terms thereof, if this Agreement is terminated under this clause 19.3.
2. | Clause 26.12 is amended by adding the following at the end of the existing clause: |
Clause 11 shall survive the termination of this Agreement in accordance with the respective terms thereof, if this Agreement is terminated pursuant to clause 19.3.
The parties agree that, except for the amendments set forth herein, all other provisions of the Agreement shall remain in force as set forth in the Agreement. This Third Amendment may be executed in counterparts, including any transmission of facsimile or PDF copies of signature pages; each of which shall be deemed an original document; and all of which, together with this writing, shall be deemed one instrument.
IN WITNESS WHEREOF, the parties have caused this Third Amendment to the Amended and Restated Master Services and Supply Agreement to be executed by their duly authorized representatives.
CILAG GMBH INTERNATIONAL | ||||||||
By: | /s/ Pascal Hoorn | By: | /s/ Andrea Ostinelli | |||||
Name: | Pascal Hoorn | Name: | Andrea Ostinelli | |||||
Title: | Financial Director EMEA | Title: | Finance Director | |||||
Date: | 13/12/13 | Date: | 13/12/2013 |
UNIVERSAL BIOSENSORS PTY LTD | ||||||||
By: | /s/ Paul Wright | By: | /s/ Salesh Balak | |||||
Name: | Paul Wright | Name: | Salesh Balak | |||||
Title: | Director | Title: | Director | |||||
Date: | 19th December 2013 | Date: | 19 December 2013 | |||||
UNIVERSAL BIOSENSORS, INC. | ||||||||
Name: | /s/ Paul Wright | |||||||
Title: | Director | |||||||
Date: | 19th December 2013 |
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