1 Exhibit 10.10 Agreement Amendment Number: (1) Agreement Number: 95-17 Issuing Agency: Agreement Title: Department of Economic Development Community Economic Betterment Account Community: Business: City of Coralville Urosurge, Inc. Amendment Effective Date: Project Completion/Job Attainment Date: March 19, 1997 September 30, 1997 Final loan Repayment Date: January 31, 2000 WHEREAS, the Department of Economic Development (hereafter referred to as the Department), approved CEBA Agreement Number 95-17 with the City of Coralville (hereafter referred to as the Community) and Urosurge, Inc. (hereafter referred to as the Business) on September 22, 1994 for the expenditure of Community Economic Betterment funds, and WHEREAS, the Community and Business are now desirous of amending said agreement and have requested to change the Project Completion Date. THEREFORE, said Agreement by and between the Department, the Community and the Business is hereby amended as follows: Amend Article 1.3 Community Base Jobs to read: 1.3 COMMUNITY BASE JOBS. "Community Base Jobs" means the number of Full-time Equivalent (FTE) Jobs the Department determines are in place in the Community at the time of application for CEBA funds and which will remain in the Community whether or not CEBA funds are awarded. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the second (2nd) year anniversary of the Project Completion Date. Amend Article 1.4 Created Jobs to read: 1.4 CREATED JOBS. "Created Jobs" means the number of new Full-time Equivalent (FTE) Jobs the Business will add to the Community which meet the Project Wage Obligation over and above the number of Community Base Jobs and/or Retained Jobs. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again be in place at the second (2nd) year anniversary date of the Project Completion Date. Amend Article l.11 Project Completion Date to read: 1.11 PROJECT COMPLETION DATE. "Project Completion Date" means September 30, 1997 and is the date by which the Project tasks shall have been fully accomplished including fulfillment of the Job Attainment Obligation. Amend Article 1.13 Retained Jobs to read: 1.13 RETAINED JOBS. "Retained Jobs" means the number of Full-Time Equivalent (FTE) jobs the Department determines are in place in the Community at the time of 2 CEBA #95-17 Amendment #1 Page 2 application for CEBA assistance and which the Business and Community agree will be retained due to the receipt of the CEBA funds. Said jobs must be maintained for a minimum of thirteen (13) weeks beyond the Project Completion Date. If the Agreement includes a Forgivable Loan, said jobs must again in place at the second (2nd) year anniversary of the Project completion Date. Amend Article 7.2 State Employment Level to read: 7.2 STATE EMPLOYMENT LEVEL. Not Applicable Amend Article 10.4(a)i to read: i. Not Applicable Amend Article 10.4(a)ii to read: ii. Not Applicable Amend Article 10.4(a)iii to read: iii. Not Applicable IN WITNESS THEREOF, the parties hereto have executed this Amendment on the day and year last specified below: Community: Issuing Agency: City of Coralville Department of Economic Development By: /s/ JIM L. FAUSETT By: --------------------------------- ---------------------------------- Mayor David J. Lyons, Director Date: 4-30-97 Date: ------------------------------- -------------------------------- By: ---------------------------------- Michael E. Miller, Bureau Chief Date: -------------------------------- Business: Urosurge, Inc. By: /s/ DIANE GALLAGHER ------------------------------- Diane Gallagher, Manager Date: 5/2/97 ------------------------------