Exhibit 10.13
FIRST AMENDMENT
TO THE
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
SUBCONTRACTOR AGREEMENT BETWEEN
THE CLEVELAND CLINIC FOUNDATION
AND
ATRICURE, INC.
This First Amendment (the “Amendment”), effective as of December 1, 2008, is betweenThe Cleveland Clinic Foundation (“CCF”) andAtriCure, Inc.(“Subcontractor”).
WITNESSETH:
WHEREAS, this Amendment amends and supplements the Biomedical Research and Technology Transfer Subcontractor Agreement dated the 1st day of June, 2006 (the “Agreement”) between Subcontractor and CCF;
NOW THEREFORE, in consideration of the promises herein contained and for other good and valuable consideration, the parties hereto agree to amend the Agreement as follows:
1. Article 2 is amended to read as follows:
ARTICLE 2. PERIOD OF PERFORMANCE
“The effective period of this AGREEMENT shall commence June 6, 2005 and, subject to Article 19 of this AGREEMENT, terminate December 31, 2009, unless otherwise provided for by modification of this AGREEMENT, which shall be in writing and signed by all parties to this AGREEMENT.”
2. Except as modified by this Amendment, the terms and conditions of the Agreement remain in full force and effect. All capitalized words not defined herein shall have the meaning set forth in the Agreement. In the event of any conflict between this Amendment and the Agreement, this Amendment shall control.
IN WITNESS WHEREOF, the parties hereby execute this Amendment through their authorized representatives.
| ATRICURE, INC. | THE CLEVELAND CLINIC FOUNDATION | |||||||||
By: | /s/ Julie A. Piton | By: | /s/ Jacqueline Whatley | |||||||
Printed Name: | Julie A. Piton | Printed Name: | Jacqueline Whatley | |||||||
Title: | Vice President of Finance and Administration and Chief Financial Officer | Title: | Senior Director, Office of Sponsored Research and Projects | |||||||