July 2, 2010
July 2,
2010
X. Xxxxxx
Xxxxx
00000
Xxxxxx Xxxx Xxxxx
Raleigh,
NC 27613
Re:
Renewal of Interim CEO Agreement
Dear Xx.
Xxxxx:
This
addendum is attached to and made part of the Agreement dated August 13, 2009,
between you and Discovery Laboratories, Inc. (as it may have been previously
amended, the “Agreement”). Effective
as of July 2, 2010 the parties hereby agree to modify the Agreement to reflect
the revisions set forth herein. Capitalized terms used herein and not
otherwise defined shall have the meanings ascribed to such terms as set forth in
the Agreement.
Section
3, Term, is
hereby amended by extending the ending date from June 30, 2010 to June 30, 2011;
provided, however, that the
extended ending date is subject to prior termination as provided in Section 7 of
the Agreement.
Except as
amended herein, the remaining terms and conditions of the Agreement shall remain
in full force and effect. This addendum confirms an agreement between
you and Company with respect to the subject matter hereof and is a material part
of the consideration stated in the Agreement and mutual promises made in
connection therewith. Please indicate your acceptance of the terms
contained herein by signing both copies of this addendum, retain one copy for
your records, and forward the remaining copy to the Company.
| DISCOVERY LABORATORIES, INC. | |||
|
|
By:
|
/s/ Xxxxx X. Xxxxx, Esq. | |
| Name: | Xxxxx X. Xxxxx, Esq. | ||
| Title: | EVP, General Counsel & Chief Compliance Officer | ||
Accepted
and Agreed to:
| /s/ X. Xxxxxx Xxxxx | ||
| Name: | X. Xxxxxx Xxxxx |
