AMENDMENT DATED JULY 23, 1997 TO EXCLUSIVE
AGENCY AGREEMENT WITH BINSWANGER CHESTERTON.
July 23, 1997
The Binswanger Companies
Two Xxxxx Xxxxxx, 0xx Xxxxx
00xx xxx Xxxx Xxxxxxx
Xxxxxxxxxxxx, XX 00000-0000
Re: Boulder, Colorado
Ladies and Gentlemen:
This letter is to confirm our understanding that the Exclusive Right to Sell
Agreement dated April 4, 1995, as amended July 1, 1996, (the "Agreement"),
pursuant to which you are acting as our exclusive agent in connection with the
sale of the Property. Capitalized terms used herein without definition have the
meanings respectively assigned thereto in the Agreement. This extension shall be
on the same terms and conditions as contained in the Agreement, except as follow
and extended through December 31, 1997:
1) Notwithstanding any provision contained in the Agreement, the
Company will not be obligated to pay to the Binswanger Companies
("Binswanger") any commission, fee or any other compensation,
including, but not limited to the Commission Fee, lease commission
or cancellation fee, pursuant to the Agreement or otherwise, if
the Company sells, leases, conveys, or in any other way transfers
the Property to any party that was introduced to the Company
through an entity or individual (such entity or individual, an
"Investment Bank") that has a written agreement with the Company
which obligates the Company to pay a fee to such Investment Bank
in connection with a transaction involving the Company.
Very truly yours, SOMATOGEN, INC.
By: Xxxxxxx X. Xxxxxxxx
Date: July 23, 1997
BINSWANGER OF COLORADO, INC.
By: Xxxxx Xxxxxxx
Corporate Council
