0001305773-17-000122 Sample Contracts

FIRST AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • November 9th, 2017 • ConforMIS Inc • Orthopedic, prosthetic & surgical appliances & supplies

THIS AMENDMENT (the “Amendment”) to a letter agreement of employment dated October 19, 2016 as amended and restated (the “Employment Agreement”) by and between ConforMIS, Inc., a Delaware corporation (the “Company”), and Mark A. Augusti (the “Executive”) is made and entered into as of August 1, 2017 (the “Effective Date of the Amendment”).

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ASSET PURCHASE AGREEMENT by and between CONFORMIS, INC., as Purchaser BROAD PEAK MANUFACTURING, LLC, as Seller and the Unitholders named herein, solely with respect to the Sections referred to herein August 9, 2017
Asset Purchase Agreement • November 9th, 2017 • ConforMIS Inc • Orthopedic, prosthetic & surgical appliances & supplies • Delaware

This Asset Purchase Agreement (the “Agreement”) is made as of this 9th day of August, 2017(the “Effective Date”) by and between ConforMIS, Inc., a Delaware corporation, with a principal place of business at 600 Technology Park Drive, Billerica, Massachusetts 01821 (“Purchaser”),Broad Peak Manufacturing, LLC, a limited liability company formed under the laws of Connecticut, with a principal place of business at 10 Beaumont Road, Wallingford, Connecticut 06492 (“Seller”), and the persons executing this Agreement as Unitholders below (“Unitholders”), solely in connection with Article III, Section 5.6 and Article VII herein. Purchaser and Seller are sometimes referred to herein individually as a “Party” and collectively as the “Parties”), and such term shall include Unitholders, as applicable, in Article III, Section 5.6 and Article VII herein.

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