FIFTH AMENDMENT TO THE DEVELOPMENT ALLIANCE AND SUPPLY AGREEMENT BETWEEN BIOSENSE WEBSTER, INC. AND STEREOTAXIS, INC.Development Alliance and Supply Agreement • July 30th, 2010 • Stereotaxis, Inc. • Electromedical & electrotherapeutic apparatus
This fifth amendment (“Fifth Amendment”) is made effective as of July 30, 2010 and amends the Development Alliance and Supply Agreement dated May 7, 2002 between Biosense Webster, Inc. (“Biosense Webster”) and Stereotaxis, Inc. (“Stereotaxis”) (the “Master Collaboration Agreement”), as amended previously by: (i) the Amendment to Development and Supply Agreement dated November 3, 2003 (the “First Amendment”) (the Master Collaboration Agreement and First Amendment collectively referred to as the “Amended Master Agreement”); (ii) the side letter between the parties dated November 3, 2003, regarding research and development (the “R&D Side Letter”); (iii) the Alliance Expansion Agreement dated May 4, 2007 (“Expansion Agreement”); (iv) four side letters between the parties, each dated May 4, 2007, whose subject matter was, respectively, CARTO® Pro RMT, Third Party Collaboration Rights, Exclusivity and the meaning of Customers in the Non-Localized Alliance (collectively, the “2007 Side Letter
