FIRST AMENDMENT TO MASTER SERVICES AGREEMENT
Exhibit 10.2
[***] Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and the registrant customarily and actually treats as private and confidential.
FIRST AMENDMENT TO MASTER SERVICES AGREEMENT
This First Amendment to the Master Services Agreement (“First Amendment”) executed as of the dates below and effective as of 09 November 2018, (the “First Amendment Effective Date”) by and among Chondrial Therapeutics, Inc., having an address at 000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxx Xxxxxx, XX 00000 (“Client”) and KBI Biopharma, Inc. (“KBI Biopharma”) with an address at 0000 Xxxxxx Xxxx, Xxxxxx, Xxxxx Xxxxxxxx 00000.
WHEREAS, Client and KBI Biopharma entered into a Master Services Agreement (“Agreement”) with an effective date of 20 September 2017 (“Agreement Effective Date”); and
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Section 16.2 shall be modified by this Section and replacing it with the following: |
Client Insurance. Client shall secure and maintain in full force and effect throughout the Term, and for a period of three (3) years after completion of any clinical trials in which any Product provided under this Agreement is used, policies of insurance for (a) workers’ compensation in accordance with applicable statutory requirements, employer’s liability in an amount not less than [***], and automobile liability in an amount not less than [***], (b) primary and noncontributory commercial general liability in an amount not less than [***] per occurrence and [***] in the aggregate, (c) primary and noncontributory products/completed operations liability in an amount not less than [***] per occurrence and [***] in the aggregate, and (d) primary and noncontributory umbrella liability in an amount not less than [***] per occurrence and [***] in the aggregate provided that Chondrial shall not be required to procure the coverage described in clauses (b), (c) and (d) above until commencement of the first clinical trial using the Product in humans
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Other Terms. Unless as otherwise indicated in this Amendment, the terms and conditions of the Agreement are incorporated in and made a part of this Amendment by this reference as if restated here. All references in the Agreement to such Agreement shall be deemed to include the provisions of this Amendment. |
Signatures appear on the following page
Chondrial Therapeutics, Inc. |
KBI Biopharma, Inc. |
By:/s/ Xxxxxx Xxx-Xxxxxx |
By:/s/ Xxx Xxxxx |
Name: Xxxxxx Xxx-Xxxxxx |
Name: Xxx Xxxxx |
Title: President and CEO |
Title: President & CEO |
Date:7/15/2019 |
Date: 16Jul2019 |
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