exv10w28



 




EXHIBIT
10.28





	 	 	 	 	 
	CHANGE ORDER

	 	OWNER
	 	x
	CONSTRUCTION MANAGER - ADVISER EDITION

	 	CONSTRUCTION MANAGER
	 	x
	AIA Document G701/CMa - Electronic Format

	 	ARCHITECT
	 	x
	

	 	CONTRACTOR
	 	x
	

	 	FIELD
	 	o
	

	 	OTHER
	 	o







THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.



	 	 	 
	PROJECT:

	 	CHANGE ORDER NO: 2
	(Name and address)
	 	 
	Advanced
Neuromodulation Systems, Inc. at Legacy

	 	INITIATION DATE: December 15, 2003
	Business Park
	 	 
	6901 Preston Rd.

	 	PROJECT NOS.: General Construction
	Plano, TX 75024
	 	 
	

	 	CONTRACT FOR:
	 
	 	 
	

	 	CONTRACT DATE: 30 April, 2003
	 
	 	 
	TO CONTRACTOR:
	 	 
	(Name and address)
	 	 
	Rogers
O’Brien Construction Co., Inc.
	 	 
	1901 Regal Row
	 	 
	Dallas, TX 75235
	 	 







The Contract is changed as follows:




Add for interior construction at high bay building and office building
(reference attached Exhibit “A” for complete list of plans & specifications. In
accordance with accepted alternates & contractor’s clarifications (ref. Exhibit
“B”).



Add for interior construction
at 2 story office building = $3,095,733




Add for interior construction at High Bay Building = $491,657




Net Add for all revisions:
Three million five hundred eighty seven thousand three hundred ninety
dollars $3,587,390




Not valid until signed by the Owner, Construction Manager, Architect and Contractor.




	 	 	 	 	 
	The original (Guaranteed Maximum Price) was
	 	$	7,811,128	 
	 
	 	 	
 	 
	Net change by previously authorized Change Orders
	 	$	153,376	 
	 
	 	 	
 	 
	The (Guaranteed Maximum Price) prior to this Change Order was
	 	$	7,964,504	 
	 
	 	 	
 	 
	The (Guaranteed Maximum Price) will be (increased)
by this Change Order
	 	$	3,587,390	 
	 
	 	 	
 	 
	The new (Guaranteed Maximum Price) including this Change Order will be
	 	$	11,551,894	 
	 
	 	 	
 	 







	 
	The Contract Time will be (increased) by ( as noted below ) days.

	 

	The date of Substantial Completion as of the date of this Change Order therefore is High Bay = March 5, 2004








	 	 	 
	 

	 	Office Building = May 1, 2004







©
1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006-5292. AIA DOCUMENT G701/CMa - CHANGE ORDER -
CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA® - WARNING:
Unlicensed photocopying violates U.S. copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced in accordance with your license
without violation until the date of expiration as noted below, expiration as
noted below. User Document: co 2 ans.aia – 3/12/2004. AIA License Number
1005237, which expires on 10/7/2004.



Electronic Format G701/CMa-1992





1









 









	NOTE: This summary does not reflect changes in the Contract Sum, Contract Time
or Guaranteed Maximum Price which have been authorized by Construction
Change Directive.






	 	 	 
	


	 	

	CONSTRUCTION MANAGER

	 	ARCHITECT
	 
	 	 
	KDC-Legacy, L.P.

	 	Good Fulton & Farrell
	


	 	

	ADDRESS

	 	ADDRESS
	 
	 	 
	8411 Preston Rd. Suite 700

	 	2808 Fairmount, Suite #300
	 
	 	 
	Dallas, TX 75225

	 	Dallas, TX 75201
	


	 	

	BY      
              
              
              DATE

	 	BY      
              
              
              DATE
	 
	 	 
	/s/
M. ROSAMUND               
    12/15/03
	 	/s/ JOSEPH
PATTI                       12/15/03
	


	 	

	CONTRACTOR

	 	OWNER
	 
	 	 
	Rogers
O’Brien Construction Co., Inc.

	 	Advanced Neuromodulation Systems
	


	 	

	ADDRESS

	 	ADDRESS
	 
	 	 
	1901 Regal Row

	 	6501 Windcrest, Suite #100
	 
	 	 
	Dallas, TX 75235

	 	Plano, TX 75024
	


	 	

	BY
                     
                     
     
DATE
	 	BY                      
                     
     
DATE
	 
	 	 
	/s/ PRESTON MCAFEE
             12/15/03
	 	/s/ KENNETH HAWARI             12/15/03







©
1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.,
WASHINGTON, D.C. 20006-5292. AIA DOCUMENT G701/CMa - CHANGE ORDER -
CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION - AIA® - WARNING:
Unlicensed photocopying violates U.S. copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with
permission of the AIA and can be reproduced, in accordance with your license
without violation until the date of expiration as noted below, expiration as
noted below. User Document: co 2 ans.aia – 3/12/2004. AIA License Number
1005237, which expires on 10/7/2004.



Electronic Format G701/CMa-1992





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