AMENDED BY THIS AMENDMENT,
SETS FORTH ALL THE LICENSES, COVENANTS, PROMISES, AGREEMENTS, WARRANTIES,
REPRESENTATIONS, CONDITIONS, AND UNDERSTANDINGS BETWEEN THE PARTIES HERETO AND
SUPERSEDE ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN THE PARTIES RELATING
TO THE SUBJECT MATTER HEREOF.
THE AGREEMENT, AS AMENDED BY THIS AMENDMENT,
INCLUDING, WITHOUT LIMITATION, THE EXHIBITS ATTACHED THERETO, IS INTENDED TO
DEFINE THE FULL EXTENT OF THE LEGALLY ENFORCEABLE UNDERTAKINGS OF THE PARTIES
HERETO.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the undersigned Parties have duly executed and delivered
this Amendment as of the date first written above.
GE Healthcare AS.
Acusphere, Inc.
By:
/s/ John R. Chiminski
By:
/s/ Sherri C. Oberg
Name:
John R. Chiminski
Name:
Sherri C. Oberg
Title:
President and CEO
Title:
President and CEO
Date:
February 11, 2009
Date:
February 11, 2009
[SIGNATURE PAGE TO THIRD AMENDMENT]
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